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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Used Car sales company warranty worthless?

Customer Question

Hi, bought a used (Automatic) BMW, from a local 'reputable' Limited Used Car dealer with a written 3 month warranty against failure on parts and labour from date of purchase.

Four weeks after purchase it broke down & wouldn't restart so we called our local dealership who told us they would tow the car in.

They took the car to their local dealership.

They replaced starter motor (completely failed) & also repaired an o/s/l oil leak.

The whole repair came to just over £890 without the tow in charge which we passed onto the seller in writing enclosing bills .

He has responded saying he wont pay it but that he 'may have considered it, out of goodwill if we had contacted him first by phone and he could have put it into his local garage where it would only have cost him just over £300',

However we needed to tow the car away to a place of safety and at the time we were also moving our mother in law to a care home and had no other car to use so needed a fast repair and we decided the BMW dealership would give us a fast diagnosis

My questions are: If a 3 month written warranty is given on parts and labour when you buy a second hand car, can the seller

a) decide he wont honor it

b) Add his own terms to his written warranty if you need to call upon it (ie if you had called me and I had chance to put it in my local garage, I may have paid your bill out of GOODWILL'??)

He says he has checked it out with Trading Standards and he does not have to pay as it is 'normal wear and tear' that caused the problem!!!

Thanks very much for any advice.

Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What was the cause of the problem?
Customer: replied 3 years ago.

Hi sorry I wasn't around when you asked me the question, but I will reply now :) The cause of the fault on the car do you mean?

Expert:  Jo C. replied 3 years ago.
Yes, please?