Engine failure from newly purchased trade second hand car

[MaxMX5]

Hello,

I purchased a 59 plate BMW 330i from a trader on 18/08/18 with less that 44,000 on the clock. It came with a clear MOT with no advisorys and has a full service history and had been serviced prior to picking it up.

Up until Thursday just gone it had given me no reason for concern until whilst traveling on the motorway I heard a clunk followed immediately by plumes of smoke coming from under the bonnet and the back locking up causing me to completely loose control of the car.

In my attempt to try and regain control I have hit the passenger side rear on the crash barrier which settled the car enough for me to get it onto the hard shoulder.

It's been recovered to my home and we've had a mobile mechanic come out so he could tell us what has happened - he has diagnosed that a con rod has come out through the side of the engine so it'll need a new engine as a minimum.

The trader gave me 6 month warranty but this only covers up to £1000 per claim, even a second hand refurbished engine is going to cost 3-4x that cost.

So really I'm just looking for advice as to where I stand legally.

I have contacted the trader yesterday explaining what has happened but the manager wasn't in so I'm awaiting a call back today.

I feel extremely fortunate that there were no vehicles close by when this happened as I would have hit them, potentially causing a significant accident, coupled with the fact that I am due a baby in 6 weeks time.

Any advice would be greatly received, thank you.

Edited by MaxMX5 on Saturday 22 September 08:53

[TooMany2cvs]

MaxMX5 said:

So really I'm just looking for advice as to where I stand legally.

You're outside 30 days, so you have no automatic right to a refund. The supplier has a right to repair.

[catman]

Had you checked the oil level in the time that you owned the car? The warranty is in addition to your legal rights, it doesn't replace them.

The car has to be fit for purpose, so be polite to the Dealer and see what he says. From what you have said, unless you haven't checked the oil and it was too low, he would be liable.

Tim

[motco]

Don't all modern BMWs have an oil level warning system?

[TooMany2cvs]

motco said:

Don't all modern BMWs have an oil level warning system?

And it's guaranteed to work perfectly in a newly-acquired 9yo car, is it?

[Exige77]

TooMany2cvs said:

motco said:

Don't all modern BMWs have an oil level warning system?

And it's guaranteed to work perfectly in a newly-acquired 9yo car, is it?

I think any normal person would check a few things after buying a new pre-owned car ?

Sure OP checked oil, tyre pressures, water level etc ?

Even if not needed, I would change oil and filter on new purchase for peace of mind.

[gazza285]

TooMany2cvs said:

motco said:

Don't all modern BMWs have an oil level warning system?

And it's guaranteed to work perfectly in a newly-acquired 9yo car, is it?

Only for 6 months...

[catman]

Exige77 said:

I think any normal person would check a few things after buying a new pre-owned car ?

Sure OP checked oil, tyre pressures, water level etc ?

Even if not needed, I would change oil and filter on new purchase for peace of mind.

I sold a Friend a car that I had in February. He opened the bonnet for the first time in August. Many people really don't bother, unless something needs doing.

Tim

[motco]

gazza285 said:

TooMany2cvs said:

motco said:

Don't all modern BMWs have an oil level warning system?

And it's guaranteed to work perfectly in a newly-acquired 9yo car, is it?

Only for 6 months...

It works rather too well on my sixteen year old Z3 - yellow light at half dipstick level.

[Exige77]

catman said:

Exige77 said:

I think any normal person would check a few things after buying a new pre-owned car ?

Sure OP checked oil, tyre pressures, water level etc ?

Even if not needed, I would change oil and filter on new purchase for peace of mind.

I sold a Friend a car that I had in February. He opened the bonnet for the first time in August. Many people really don't bother, unless something needs doing.

Tim

Then they can’t complain if something goes wrong.

[Hammer67]

MaxMX5 said:

Hello,



The trader gave me 6 month warranty but this only covers up to £1000 per claim, even a second hand refurbished engine is going to cost 3-4x that cost.

Edited by MaxMX5 on Saturday 22 September 08:53

You won't get a "refurbished" engine.

If you get anything it will be a second hand engine, like the second hand engine you got with the second hand car.

You will also be expected to pay for any new unrelated components that "should" be renewed when the engine is out. (Clutch, water pump etc.)
You will also be expected to pay for consumables. (New oil, antifreeze etc.)

HTH.

[V8RX7]

Legally:

It's irrelevant what the warranty says.

The Trader has to either fix it or give you your money back

The question is how long it takes to fix, what engine will be supplied, how will you cope without a car for probably a few weeks at best.

[anonymous-user]

Hammer67 said:

MaxMX5 said:

Hello,



The trader gave me 6 month warranty but this only covers up to £1000 per claim, even a second hand refurbished engine is going to cost 3-4x that cost.

Edited by MaxMX5 on Saturday 22 September 08:53

You won't get a "refurbished" engine.

If you get anything it will be a second hand engine, like the second hand engine you got with the second hand car.

You will also be expected to pay for any new unrelated components that "should" be renewed when the engine is out. (Clutch, water pump etc.)
You will also be expected to pay for consumables. (New oil, antifreeze etc.)

HTH.

You'd likely be better of with a non-refurbished engine anyway, as they'd just take a broken one, spray it silver and issue you with a checklist of utter bks that they've not done to it. I've experienced this with a supposedly refurbished mx5 engine where it became clear they'd fitted a new HG to an overheated engine and not skimmed the head so it lasted a year or so before finally blowing the HG big-style, but it was super clean and shiny silver when it arrived so it looked the part.

Instead you could source your own engine from a crashed vehicle. I put a couple of ads on sites like 1st Choice spares and whatnot when my S60s engine blew up, got various offers within a day and ended up with a 60k engine from a crashed car for a few hundred quid which worked perfectly for a few years until we sold the vehicle recently. Yes it was mucky when it arrived, but it hadn't been fked up by some monkey.

In the OPs position though you're probably best to push for a refund as you've no way to tell what the dealer will fit to it, and it seems more likely you'll end up with an 80 to 100k engine rather than a 40k one that matches the car.

Edited by anonymous-user on Saturday 22 September 13:56

[hutchst]

...and be prepared for the deduction from the refund for use of the vehicle for 1 month+, which could be a sizeable sum, when you decide whether to take the money and run, or get a replacement engine fitted.

[Cold]

How bad is the crash damage? Could the car be written - off broken engine or not?

[carinaman]

Was it an Auto or a manual?

There was there time to dip the clutch when the back end locked up?

[Helicopter123]

MaxMX5 said:

Hello,

I purchased a 59 plate BMW 330i from a trader on 18/08/18 with less that 44,000 on the clock. It came with a clear MOT with no advisorys and has a full service history and had been serviced prior to picking it up.

Up until Thursday just gone it had given me no reason for concern until whilst traveling on the motorway I heard a clunk followed immediately by plumes of smoke coming from under the bonnet and the back locking up causing me to completely loose control of the car.

In my attempt to try and regain control I have hit the passenger side rear on the crash barrier which settled the car enough for me to get it onto the hard shoulder.

It's been recovered to my home and we've had a mobile mechanic come out so he could tell us what has happened - he has diagnosed that a con rod has come out through the side of the engine so it'll need a new engine as a minimum.

The trader gave me 6 month warranty but this only covers up to £1000 per claim, even a second hand refurbished engine is going to cost 3-4x that cost.

So really I'm just looking for advice as to where I stand legally.

I have contacted the trader yesterday explaining what has happened but the manager wasn't in so I'm awaiting a call back today.

I feel extremely fortunate that there were no vehicles close by when this happened as I would have hit them, potentially causing a significant accident, coupled with the fact that I am due a baby in 6 weeks time.

Any advice would be greatly received, thank you.

Edited by MaxMX5 on Saturday 22 September 08:53

I feel for, the car may be 9 years old but with low miles this shouldn't have happened.

Did you get the car serviced or at least check/change the oil when you bought it? Either would certainly improve your case.

[TooMany2cvs]

Helicopter123 said:

Did you get the car serviced or at least check/change the oil when you bought it? Either would certainly improve your case.

Serviced or oil changed would weaken it, because the dealer could point to the mechanic that did that and blame their workmanship.

[mcpoot]

carinaman said:

Was it an Auto or a manual?

There was there time to dip the clutch when the back end locked up?

Of what relevance is that regarding OP's rights against trader?

[Fore Left]

TooMany2cvs said:

motco said:

Don't all modern BMWs have an oil level warning system?

And it's guaranteed to work perfectly in a newly-acquired 9yo car, is it?

It had better work. The N53 330i doesn't have a dipstick. You can get the oil level up on the dash display.