Ask a Law Question, Get an Answer ASAP!
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Did you buy the car new?
Did you buy it from a dealer or privately?
yes it does, I will explain shortly
Ok thanks. Sadly you will have no rights against the manufacturer, even if there was a previously known issue. You would have had a comeback against them if there was an active warranty on the vehicle, which was still valid and had been legally transferred to you on purchase. However, if the warranty has expired you cannot go after the manufacturer any longer and your rights would only be against the seller.
The issue there is that in auctions your rights may potentially be limited. Whilst the Consumer Rights Act 2015 applies to cars sold at auction and provides for the car to be as described, of satisfactory quality and fit for purpose, these requirements could be excluded if the auction house put a notice on display in the catalogue or on the wall regarding this. If they did not, you will have to consider pursuing the actual seller of the vehicle (not the auction house).
Your rights will then further depend on whether this was a private individual or a dealer, because with the former you will only be able to take it further if they had given a false description so your rights are even more limited.
The best scenario would be if the owner selling it was a dealer and the auction house did not exclude the protection under the CRA 2015 and then you can potentially make a claim against the previous owner for this.
Does this answer your query?
Nissan USA and Nissan UK are completely separate legal entities and what one does would have no legal bearing on what the other does. As to a recall, this would usually only be a requirement if there is a clear safety concern, which would not necessarily be the case here, plus they could also choose which cars get recalled, such as specific serial numbers to cover specific manufacture dates etc. You cannot force them to do any of this though, this is up to them. Hope this clarifies a bit more?
Against whom? Do you know who sold you the car?
because you have no legal rights against them as explained in my earlier response - you have not purchased the car from them and as such have no legal rights against the manufacturer - you would only have rights under a warranty, but that has now expired
All the best