Second hand car exhaust issue
Second hand car exhaust issue
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Discussion

Raverbaby

Original Poster:

896 posts

215 months

Sunday 29th December 2019
quotequote all
Hi, I was looking for some advice, the gf and I are trying to help her cousin after the exhaust on their car failed 2 days after buying it from a local dealer.
The cousins wife died suddenly on boxing day so obviously he has other things to deal with at this time, hence us trying to help him.
I'll try and keep it brief...
Cousins bought the car, a 61 plate citreon C3 with 34k miles on 21st December.
Exhaust failed on 23rd December (presumed a hole or a break its became really loud and raspy).
Unfortunately the garage is closed from 24th December until 4th January, we said we would pop in on Saturday on his behalf and see what could be done.
I Was just wondering what rights he has in regards to getting this fixed, would it be down to the dealers goodwill or is he within his rights to have it fixed.
The car was MOT'd on the date of pick up, dealers website says all cars sold have a 12 month parts and labour warranty.
Thanks for any advise.

RazerSauber

2,901 posts

89 months

Sunday 29th December 2019
quotequote all
You're 2 days out of their warranty so they're not obliged to do anything I'm afraid. All you can do is ask if they'd look at it as a gesture of good will or for any contribution but I wouldn't hold out hope.

Sorry for your loss.

Raverbaby

Original Poster:

896 posts

215 months

Sunday 29th December 2019
quotequote all
RazerSauber said:
You're 2 days out of their warranty so they're not obliged to do anything I'm afraid. All you can do is ask if they'd look at it as a gesture of good will or for any contribution but I wouldn't hold out hope.

Sorry for your loss.
Thanks for your reply, sorry I should have said that it was only last week it was bought so they only had the car 2 days before it failed.
I presume it is only certain parts that are covered by a warranty, just hope they don't turn round and say its wear and tear, so was just wanting to have a bit of knowledge before I speak to the dealer.

paintman

7,860 posts

219 months

Sunday 29th December 2019
quotequote all
RazerSauber said:
You're 2 days out of their warranty so they're not obliged to do anything I'm afraid. All you can do is ask if they'd look at it as a gesture of good will or for any contribution but I wouldn't hold out hope.

Sorry for your loss.
The car was bought on the 21st Dec.
2 days later the exhaust issue occurred.
The car came with a 12 months parts & labour warranty.
Why do you think the car is 2 days out of warranty?


babelfish

1,020 posts

236 months

Sunday 29th December 2019
quotequote all
Raverbaby said:
dealers website says all cars sold have a 12 month parts and labour warranty
What's the question again?

Raverbaby

Original Poster:

896 posts

215 months

Sunday 29th December 2019
quotequote all
babelfish said:
What's the question again?
What rights does he have in relation to getting the exhaust fixed, irrespective of any implied "warranty".

babelfish

1,020 posts

236 months

Sunday 29th December 2019
quotequote all
Raverbaby said:
babelfish said:
What's the question again?
What rights does he have in relation to getting the exhaust fixed, irrespective of any implied "warranty".
Speak to the dealer on the 4th Jan?

Or post all paperwork here so all the "internet lawyers" can post their opinions

Edited by babelfish on Sunday 29th December 02:18

anonymous-user

83 months

Sunday 29th December 2019
quotequote all
Raverbaby said:
What rights does he have in relation to getting the exhaust fixed, irrespective of any implied "warranty".
the right for them to fix it. You have to offer them the chance first.

anonymous-user

83 months

Sunday 29th December 2019
quotequote all
I'll try to help.

It maybe possible the dealer will sort it out as you've only had the car a very short amount of time. If customer satisfaction is his aim, it shouldn't be a problem. If he wanted to be hard nosed about it, then yeah he could say it's wear and tear as most exhausts from manufacturers who aren't premium, are an expendable item. I think it's because exhaust gases are acidic. Stainless steel exhausts usually come with a lifetime guarantee though.

caziques

2,842 posts

197 months

Sunday 29th December 2019
quotequote all

Exhausts rust because of road salt.

It is very unusual for an exhaust to fail in NZ, most scrapped cars will have the original item still there.

Pothole

34,367 posts

311 months

Sunday 29th December 2019
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Has anyone checked if it's actually making that noise because someone's nicked the catalytic convertor?

whatmoretyres

93 posts

234 months

Sunday 29th December 2019
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I know this is controversial, but in such a terrible position that the cousin is in, I would just get it sorted for him now. The poor bugger has enough to worry about, I’d run it down to quick fit and get sorted.

An argument about a possible consumable is not appropriate now - I’m sorry for the loss

Sheepshanks

41,015 posts

148 months

Sunday 29th December 2019
quotequote all
Thesprucegoose said:
Raverbaby said:
What rights does he have in relation to getting the exhaust fixed, irrespective of any implied "warranty".
the right for them to fix it. You have to offer them the chance first.
Wow - both wrong.

spikeyhead

20,415 posts

226 months

Sunday 29th December 2019
quotequote all
whatmoretyres said:
I know this is controversial, but in such a terrible position that the cousin is in, I would just get it sorted for him now. The poor bugger has enough to worry about, I’d run it down to quick fit and get sorted.

An argument about a possible consumable is not appropriate now - I’m sorry for the loss
I'm with you on this one. Get the car working again rather than wait a week for such a small sum.

DoubleD

22,154 posts

137 months

Sunday 29th December 2019
quotequote all
caziques said:
Exhausts rust because of road salt.

It is very unusual for an exhaust to fail in NZ, most scrapped cars will have the original item still there.
I think they are in the UK not NZ

Raverbaby

Original Poster:

896 posts

215 months

Sunday 29th December 2019
quotequote all
whatmoretyres said:
I know this is controversial, but in such a terrible position that the cousin is in, I would just get it sorted for him now. The poor bugger has enough to worry about, I’d run it down to quick fit and get sorted.

An argument about a possible consumable is not appropriate now - I’m sorry for the loss
Thanks, he has his own car to get about, the new car was for his wife so unfortunately it's just sitting there just now.
Sadly it's probably no longer required.
We'll see what the dealer can do on Saturday.
If we get turned away then we'll put it in to get fixed elsewhere.

KungFuPanda

4,640 posts

199 months

Sunday 29th December 2019
quotequote all
DoubleD said:
caziques said:
Exhausts rust because of road salt.

It is very unusual for an exhaust to fail in NZ, most scrapped cars will have the original item still there.
I think they are in the UK not NZ
Lucky he isn’t in Germany...

anonymous-user

83 months

Sunday 29th December 2019
quotequote all
Sheepshanks said:
Wow - both wrong.
Go on then why not suggest what is right?

P.S we are talking about an exhaust that would fail due to wear and tear.


Edited by Thesprucegoose on Sunday 29th December 12:16

Sheepshanks

41,015 posts

148 months

Sunday 29th December 2019
quotequote all
Thesprucegoose said:
Go on then when not suggest what is right.

P.S we are talking about an exhaust that would fail due to wear and tear.
Exactly - it's a wear and tear item.

Further, it's assumed that any fault within 6 months existed at the time of sale - unless the seller can prove otherwise. The seller can prove that because the car passed its MOT and the buyer said it started to blow 2 days later.

CRA 2015 does not require you to give the seller a chance to repair. But that point is moot in this case.


Having said all that, one would expect any decent garage to sort this out, so talk of "rights" is a bit premature.


BertBert

21,264 posts

240 months

Sunday 29th December 2019
quotequote all
How does the CRA deal with wear and tear items? Does it mention them specifically? Ir does it just deal with the fitness for purpose (function, safety, longevity) of the item- the car as a whole?
My expectation that a fault that occurs within two days of purchase would #need to be fixed by the garage.
My hope would be that the garage easily concurred and fixed it.
Bert