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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71154
Experience:  Over 5 years in practice
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When an article is purchased, in law, is the purchased article

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When an article is purchased, in law, is the purchased article expected to last for an aceable time? The article in question is a car bought for €18000 less than one year ago
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Hello Jo, Approximately 10 months ago I bought a 2012 VW Jetta from a non VW dealer. It has had very little use. When we went out it broke down and we had to be rescued from the roadside. Both my husband and myself are disabled so it was not a very pleasant experience. I had a verbal guarantee from the dealer,but he is now saying only some things are covered and should the temporary fix by the garage to whom we were towed it quite possible that the fault would recur and to replace the part would cost in the region of €2000. My Question to you is am I entitled to expect to spend so much money on the car and get so little use from it ?

That is always something that can be argued. This is a purchase to which the SGA applies as it was a dealer sale. That will mean that you are entitled to expect that such a vehicle is 'fit for purpose'. That does not mean perfect but it does mean reasonably good with reference to the price you paid for it, the history and age. The fact that it was purchased a year ago does mean that you cannot rely on the presumptions within the first six months of the SGA that any fault was there at the time of sale. It will be for you to show that the propensity existed. The truth is it depends what was wrong. If it was something like the cam belt then that is unfortunate but not claimable. If it was something more serious then there may be a claim but you would have to go to court to prove that he was at fault unless he were willing to concede. The low mileage is very helpful though. Can I clarify anything for you? Jo
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Customer: replied 2 years ago.

Thank you for your answer. Not quite what I was hoping for but I believe the fault was manifesting itself with starting problems. However I can only hope the dealer does the right thing even if he will agree to pay half the cosr, we live in hope!

Or you could sue at the small claims court.
The delay is unfortunate but the low mileage supports your argument.