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did he buy this car brand new from Landrover?
or second hand from a 3rd party?
does he had the extended warranty?
so I presume that landrover are saying they will only pay 40% because its outside of the first 3 year warranty?
yes. I was led to believe that legally it should be fit for purpose for 6 years
has he done excessive miles, or been doing any rallying, off roading etc?
no, she is female and 58 years old and drives around country lanes in it and occasionally tows a horsebox
she has bought 2 previous landrovers from them
Ok. any idea why the engine has gone? and what is wrong with it? has anyone outside of landrover had a look it?
Conwy Landrover who are the dealers have inspected the landrover and told us that it needs a new engine, no exact details given as to why this is the case. A friend had inspected it and suggested the vacuum pump was at fault but Conwy landrover refute this idea after isolating it and it had no effect on engine performance
First things first, the legal position:-
Do you know what the legal position is as far as landrover's responsibility is concerned
When a person buys something brand new they have a couple of areas of protection. They have the contractual protection and this is usually in the form of any connected warranty. So in this case the "contract" is the agreement to purchase the vehicle and the warranty is 3 years. Under a contract you have the right to bring a claim for breach of contract up to 6 years later (which I think is the 6 year timescale you were referring to above). The other area of protection is the Sale of Goods Act 1979 ....(i am just posting this to show I am working on your problem, dont type anything yet, I will continue....)
This act of parliament (and various other amendments to it) contains a provision that indicates that anything sold new has to be of "satisfactory quality". If a good falls below this standard and breaks the buyer has a right to reject/replace the goods within 6 weeks, or just a replacement if it breaks within the first 12 months (generally speaking). The one year time frame is the general standard for items under the act. However this is not explicit as it depends on the item. Clearly a landrover engine shouldn't break after 31,000 miles. However as this is 5 years later the onus is now not on Landrover to prove the engine is fine, but on your friend to prove that this is a faulty engine and so falls below the standard expected by the Act. An engine such as this is a complicated thing. It could be that one small matter is causing a catastrophic problem. She need to get an independent experts report, whose conclusion would hopefully show that the issue is an inherent (or latent) defect in the manufacture of the engine, and not some other issue, which would then lead to a claim for the full cost of the replacement engine.
Ok please ask any follow up questions if you wish
Thanks for this. It really confirms what I thought was the case but I needed confirmation, which you have given. It is a tough decision to take the engine away for an independent inspection! and possibly costlier in the long run.
have we finished?
it is possible (and i have done this for a client of mine) to get the car on the back of a trailer and take it to another garage for inspection. Also there are other forensic engineers that can provide a written report by visiting the garage were it is situated. If the report is favorable this can help in negotiations. IN addition if your friend is prepared to issue Court proceedings then the cost of the report is recoverable. However i agree there has to be a cost benefit analysis and it may be better to just take the 40% and get the car fixed.
you are welcome.If you are happy please click to leave me positve feedback so I can be paid for my time tonight. the questions wont close and you can revisit this later to ask any additional questions if you need to.