Help with dealer...
Discussion
After a bit of advice guys...
There's an issue with the X5 we've just bought from an indy dealer.
On the drive home we thought the steering felt a bit stiff/heavy but put it down to going from a small car to a tank. However, the next day on normal roads (it was motorway there/back to the dealer) it became obvious that it wasn't just the weight of the car, so I flung it into my specialist who diagnosed the lower universal-joint of the steering column as being on its was out — it would get to a certain point and 'jam' for a second.
So, my girlfriend has been speaking to the dealer, and as expected the warranty doesn't cover this (wear & tear) however under the Sale of Goods Act a car must be:
Of satisfactory quality. It must meet the standard a reasonable person would regard as satisfactory, bearing in mind the way it was described, how much it cost, the make, the age, the history, the mileage, the intended usage of the car and any other relevant circumstances. Amongst other things, this covers the fitness, appearance and finish of the car, its safety and its durability. The car must be free from defects, except when they were pointed out to you by the seller before you agreed to buy it or where you have inspected the car and that inspection ought to have uncovered the car defects. Even where a car appears to have a minor defect, it may still be of unsatisfactory quality if that defect could lead to extensive damage or render the car dangerous to drive.
Also nicked from the Governments' website:
- The dealer may be liable for faults that were present at the time of sale, even though they may only become apparent later on.
So, anyone offer any advice on this? It's not the end of the world (£500) to fix, but there's no way he didn't know about it beforehand. If feels like the PAS cuts-out mid-bend so it's like steering a dumper-truck.
He's also claiming there was something wrong with the car he took off us in part-ex and is saying if we fix that, he'll fix this...
There's an issue with the X5 we've just bought from an indy dealer.
On the drive home we thought the steering felt a bit stiff/heavy but put it down to going from a small car to a tank. However, the next day on normal roads (it was motorway there/back to the dealer) it became obvious that it wasn't just the weight of the car, so I flung it into my specialist who diagnosed the lower universal-joint of the steering column as being on its was out — it would get to a certain point and 'jam' for a second.
So, my girlfriend has been speaking to the dealer, and as expected the warranty doesn't cover this (wear & tear) however under the Sale of Goods Act a car must be:
Of satisfactory quality. It must meet the standard a reasonable person would regard as satisfactory, bearing in mind the way it was described, how much it cost, the make, the age, the history, the mileage, the intended usage of the car and any other relevant circumstances. Amongst other things, this covers the fitness, appearance and finish of the car, its safety and its durability. The car must be free from defects, except when they were pointed out to you by the seller before you agreed to buy it or where you have inspected the car and that inspection ought to have uncovered the car defects. Even where a car appears to have a minor defect, it may still be of unsatisfactory quality if that defect could lead to extensive damage or render the car dangerous to drive.
Also nicked from the Governments' website:
- The dealer may be liable for faults that were present at the time of sale, even though they may only become apparent later on.
So, anyone offer any advice on this? It's not the end of the world (£500) to fix, but there's no way he didn't know about it beforehand. If feels like the PAS cuts-out mid-bend so it's like steering a dumper-truck.
He's also claiming there was something wrong with the car he took off us in part-ex and is saying if we fix that, he'll fix this...
Windymiller said:
After a bit of advice guys...
There's an issue with the X5 we've just bought from an indy dealer.
On the drive home we thought the steering felt a bit stiff/heavy but put it down to going from a small car to a tank. However, the next day on normal roads (it was motorway there/back to the dealer) it became obvious that it wasn't just the weight of the car, so I flung it into my specialist who diagnosed the lower universal-joint of the steering column as being on its was out — it would get to a certain point and 'jam' for a second.
So, my girlfriend has been speaking to the dealer, and as expected the warranty doesn't cover this (wear & tear) however under the Sale of Goods Act a car must be:
Of satisfactory quality. It must meet the standard a reasonable person would regard as satisfactory, bearing in mind the way it was described, how much it cost, the make, the age, the history, the mileage, the intended usage of the car and any other relevant circumstances. Amongst other things, this covers the fitness, appearance and finish of the car, its safety and its durability. The car must be free from defects, except when they were pointed out to you by the seller before you agreed to buy it or where you have inspected the car and that inspection ought to have uncovered the car defects. Even where a car appears to have a minor defect, it may still be of unsatisfactory quality if that defect could lead to extensive damage or render the car dangerous to drive.
Also nicked from the Governments' website:
- The dealer may be liable for faults that were present at the time of sale, even though they may only become apparent later on.
So, anyone offer any advice on this? It's not the end of the world (£500) to fix, but there's no way he didn't know about it beforehand. If feels like the PAS cuts-out mid-bend so it's like steering a dumper-truck.
He's also claiming there was something wrong with the car he took off us in part-ex and is saying if we fix that, he'll fix this...
Get trading standards involved! There's an issue with the X5 we've just bought from an indy dealer.
On the drive home we thought the steering felt a bit stiff/heavy but put it down to going from a small car to a tank. However, the next day on normal roads (it was motorway there/back to the dealer) it became obvious that it wasn't just the weight of the car, so I flung it into my specialist who diagnosed the lower universal-joint of the steering column as being on its was out — it would get to a certain point and 'jam' for a second.
So, my girlfriend has been speaking to the dealer, and as expected the warranty doesn't cover this (wear & tear) however under the Sale of Goods Act a car must be:
Of satisfactory quality. It must meet the standard a reasonable person would regard as satisfactory, bearing in mind the way it was described, how much it cost, the make, the age, the history, the mileage, the intended usage of the car and any other relevant circumstances. Amongst other things, this covers the fitness, appearance and finish of the car, its safety and its durability. The car must be free from defects, except when they were pointed out to you by the seller before you agreed to buy it or where you have inspected the car and that inspection ought to have uncovered the car defects. Even where a car appears to have a minor defect, it may still be of unsatisfactory quality if that defect could lead to extensive damage or render the car dangerous to drive.
Also nicked from the Governments' website:
- The dealer may be liable for faults that were present at the time of sale, even though they may only become apparent later on.
So, anyone offer any advice on this? It's not the end of the world (£500) to fix, but there's no way he didn't know about it beforehand. If feels like the PAS cuts-out mid-bend so it's like steering a dumper-truck.
He's also claiming there was something wrong with the car he took off us in part-ex and is saying if we fix that, he'll fix this...
It sounds like a safety issue to me. In my view, he has no choice but to repair the car. He's using the defect on your car (real or imaginary!) as a smokescreen.
I believe that the law would say that, as a professional, he should have noticed any major problems with your car. He doesn't sound that great to be honest, so you may have a bit of hassle here.
You could try telling him that, as the car isn't safe as it is, if he doesn't repair it you want your money back.
Tim
I believe that the law would say that, as a professional, he should have noticed any major problems with your car. He doesn't sound that great to be honest, so you may have a bit of hassle here.
You could try telling him that, as the car isn't safe as it is, if he doesn't repair it you want your money back.
Tim
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