Sold a car with faulty thermostats - my rights?

[markmullen]

JM said:

Have you explained the issue you have with the thermostats and how you checked it?

Have you offered to drop in with the car and to demonstrate the problem to them and their mechanic?

Have you had it properly diagnosed?

[TroubledSoul]

markmullen said:

Have you had it properly diagnosed?

I have, yes.

[surveyor]

I really don't understand some posters on PH any more. The OP has bought a car with a problem and is asking for advice on getting that problem resolved. This is why you buy a car from a dealer/trader and not a private sale. ie. Their is some comeback.

Now the advice might be that the cost is sufficiently low to just swallow it and move on, but to be calling the OP names and accusing him of being being a perfectionist (although given that this is a motoring site, I could understand it if he was) sees infantile and puerile.

[samjordan100]

As a dealer myself (and one with a good reputation), I would agree entirely with the dealer. You have bought a complex second hand car at presumably a fraction of its new value. The dealer does need to conform to the sale of goods act, but there are no set rules in this regard, only that the car must be in a saleable condition and 'fit for purpose'. What fit for purpose actually entails depends on the age of the car, mileage, price etc, and ultimately the discretion of a small claims court. The car runs fine, does not overheat, and is presumably roadworthy. It has not had any warning lights come on, or left you at the side of the road. That is what the warranty is there for - genuine problems. The fact that the precise coolant temperature is not quite how BMW intended is something that is down to you. If the car starts overheating or a management light comes on then I would say fair enough, lets sort it out. Where do you draw the line? I think that if I was in this situation I would happily offer you your money back as I could well envisage further grief, especially after bringing up condition of alloys and bodywork - something that is clearly for the buyer to inspect themselves!

[TroubledSoul]

I think some just like to antagonise. Others want to give the impression that they have so much money they just take these kinds of things by bending over and paying out.

I only wanted a bit of advice regarding my right to have it rectified.

And just because I'd rather keep the car than get a refund, that doesn't make me a problem customer!

[Muzzer79]

TroubledSoul said:

dingg said:

you are whinging about wheels AFTER you inspected the car , you're whinging about the paintwork AFTER inspecting the car

the dealer could find nothing wrong with the thermostat (in his opinion there's nowt wrong with the car)

he offered you a full refund to get rid of you , you do not want that

you will never be happy (in his eyes)

= customer from hell

my take on thing is :-

you will end up getting the job done yourself and suing the garage in the small claims court for the cost.

you will lose your case , the garage has offered your money back - TAKE IT thats all you're going to get.

No I am not, I am highlighting that there were small things that weren't quite right but because I still liked the car overall, I haven't complained about them.

I have merely expressed tot hem that I am not one to just complain about things off the cuff and want them fixing. It's only when a mechanical issue has reared its head that I have requested assistance.

I don't think that that's unreasonable.

Why on earth should I return a car that I am otherwise happy with? It's really nice of them to offer to refund and I have said as much to them. I appreciate it.

You have inadvertently come across as the nightmare customer, quoting SOGA, etc and leading them to think that you'll be back every week with new stuff that's gone wrong.

They also will not want to pay indie and certainly not BMW main dealer rates.

Chances are they know it's a good car they can sell on somewhere else, hence the refund offer.

My suggestion would be to forget the e-mail, forget the SOGA, get in the car and go down there to speak to them in person.

Be friendly, concise and co-operative. Explain that you want to keep the car - you like it - but you just want this thermostat issue sorted. Then you can go away and enjoy it.

If they're still reluctant, suggest that they get it fixed at their own workshop or the preferred one they use (it's a thermostat, not an engine rebuild)

[TroubledSoul]

This ^ is basically what I'm doing (or trying to!).

Obviously I'm quite frustrated, but I don't expect people to spot everything.