Bought A Used Car With A Fault
Discussion
Hi all,
Looking for some advice to see what people suggest and to see whether I'm just being dramatic.
15 days ago, I bought an E91 318d M Sport with 150k on the clock. Full service history, all major work done. Looks and drives great. I needed something that could just chew through motorway miles on my commute as our other fast Fords guzzle too much fuel and I don't like piling unnecessary miles on to a PCP as I'm sure we can appreciate. I found it on AT, advertised by an independent dealer who shall remain nameless. I called the dealer through the advert and went to view the car on the dealers premises. The car was sold with 12 Months AA Cover through the dealer and 3 months warranty through the dealer's warranty supplier. It was only when I agreed to buy the car after a test drive that I was told an employee at the dealership had bought the car and was looking to turn a quick coin before Christmas. This employee had replaced the rear shocks and had an injector seal replaced paying for the parts and the business covered the labor. The vehicle was paid for by transferring the money into the employee's account and I left with the car, 3 months warranty and the AA cover.
I have however over the last week or so noticed a burning smell coming through the vents when the car gets warm. Lifting the engine cover, I can see the top of the engine is covered in what appears to be solidified diesel/carbon. This is where the smell is coming from and it is all over the rocker cover and injectors. The car runs great, but it smells. Clearly an injector has blown at some point and wasn't properly cleaned off after.
I called the dealer back and explained the issue. In all fairness to them, they were really understanding. However, the employee that answered was the employee who was selling the car through the business. I stated, this issue is obviously causing a smell in the cabin and because no part has 'failed' the warranty are unlikely to cover a replacement rocker cover or associated wiring that is also covered in said material. The employee stated that this was basically a private sale and so a return and refund wouldn't be likely as it was as if I "bought it off their driveway sold as seen". I stated whilst I appreciate what they're saying, I didn't buy it off their driveway. I found the advert listed by the dealer, called the dealer to arrange a viewing, viewed and purchased the vehicle off the dealer premises, sold with AA cover through the dealer and again, a warranty through the dealer that involved a pre-purchase inspection by the dealer. The dealership has since 'reluctantly' agreed for me to return the vehicle for a refund.
Would anyone disagree with my logic or think I'm being unfair?
Looking for some advice to see what people suggest and to see whether I'm just being dramatic.
15 days ago, I bought an E91 318d M Sport with 150k on the clock. Full service history, all major work done. Looks and drives great. I needed something that could just chew through motorway miles on my commute as our other fast Fords guzzle too much fuel and I don't like piling unnecessary miles on to a PCP as I'm sure we can appreciate. I found it on AT, advertised by an independent dealer who shall remain nameless. I called the dealer through the advert and went to view the car on the dealers premises. The car was sold with 12 Months AA Cover through the dealer and 3 months warranty through the dealer's warranty supplier. It was only when I agreed to buy the car after a test drive that I was told an employee at the dealership had bought the car and was looking to turn a quick coin before Christmas. This employee had replaced the rear shocks and had an injector seal replaced paying for the parts and the business covered the labor. The vehicle was paid for by transferring the money into the employee's account and I left with the car, 3 months warranty and the AA cover.
I have however over the last week or so noticed a burning smell coming through the vents when the car gets warm. Lifting the engine cover, I can see the top of the engine is covered in what appears to be solidified diesel/carbon. This is where the smell is coming from and it is all over the rocker cover and injectors. The car runs great, but it smells. Clearly an injector has blown at some point and wasn't properly cleaned off after.
I called the dealer back and explained the issue. In all fairness to them, they were really understanding. However, the employee that answered was the employee who was selling the car through the business. I stated, this issue is obviously causing a smell in the cabin and because no part has 'failed' the warranty are unlikely to cover a replacement rocker cover or associated wiring that is also covered in said material. The employee stated that this was basically a private sale and so a return and refund wouldn't be likely as it was as if I "bought it off their driveway sold as seen". I stated whilst I appreciate what they're saying, I didn't buy it off their driveway. I found the advert listed by the dealer, called the dealer to arrange a viewing, viewed and purchased the vehicle off the dealer premises, sold with AA cover through the dealer and again, a warranty through the dealer that involved a pre-purchase inspection by the dealer. The dealership has since 'reluctantly' agreed for me to return the vehicle for a refund.
Would anyone disagree with my logic or think I'm being unfair?
Edited by DS900 on Saturday 21st December 16:49
Proper dodgy that they are advertising the car as having "12 months AA cover" and "3 months warranty" (both of which are pretty meaningless tbh), then after the test drive telling you an employee has already bought it, in an attempt to absolve themselves of any responsibility as they knew it was a lemon. As soon as they would have tried to pull that crap on me, I'd be no deal brexiting it and getting the hell out of there!
I'd consider getting a refund to be a result.
Also, avoid those old BMWs with the crappy N47 diesel engines, you are just asking for trouble.
I'd consider getting a refund to be a result.
Also, avoid those old BMWs with the crappy N47 diesel engines, you are just asking for trouble.
DS900 said:
Would anyone disagree with my logic or think I'm being unfair?
Your logic is soundYou bought a car advertised by a dealer, who handled the sale. Their story about it being an employee selling it seems a bit fishy TBH - like they knew it might be returned and wanted to avoid their CRA obligations.
In any case, they've agreed to take it back so get your money and move on.
Good result to get what you wanted without a struggle. As an aside 3/6 month warranties are smoke and mirrors sometimes since the law gives protection up to 6 months regardless of and additional warranty. We recently had an aircon issue on our car to be told that aircon is as not included in the warranty (which was true) but as it was under 6 months since purchase they backed down when I mentioned the consumer rights act, to their credit.
fflump said:
Good result to get what you wanted without a struggle. As an aside 3/6 month warranties are smoke and mirrors sometimes since the law gives protection up to 6 months regardless of and additional warranty. We recently had an aircon issue on our car to be told that aircon is as not included in the warranty (which was true) but as it was under 6 months since purchase they backed down when I mentioned the consumer rights act, to their credit.
The addition of a warranty gives you some more options over your basic legal rights. The warranty gives you the option of repair at a different garage and/or can mean repairs without arguing the toss. This is especially helpful when you don’t buy a car locally. Sometimes it can help…Edited by Jaguar99 on Friday 20th December 19:08
MrBen.911 said:
I'd just take the refund and move on.
Sadly I'm a little doubtful that a 150,000 mile 118d (or 318d if it's an E91?) is going to be the perfect choice for a pain-free mile muncher. You might be lucky, but they are often pretty knackered at that stage.
Agree with this if a refund is an optionSadly I'm a little doubtful that a 150,000 mile 118d (or 318d if it's an E91?) is going to be the perfect choice for a pain-free mile muncher. You might be lucky, but they are often pretty knackered at that stage.
That said, where’s the oil filler cap on the car? I’ve bought a couple of used cars in the past and there’s been spilt oil over the top of the engine which was pretty black and smelled of burning oil every time the engine got up to temp
All,
Thank you for your replies. Apologies shift patterns have dictated a slow reply from myself.
I am pleased that they have offered a refund. The owner of the dealership is shall we say 'dissapointed' that I am exercising consumer rights as he seems to believe the car was a private sale. However, my argument to him is simply that if he doesn't want the car to be associated with the business and he wants it to be a private sale then he shouldn't allow it to be advertised on AT through the business, with a full business description "AA BREAKDOWN, 3 MONTHS WARRANTY (that requires a 120 point inspection by the DEALER to be authorized), YOU'RE IN SAFE HANDS" etc, with the main contact being the business itself.
At no point throughout the sale was anything signed to say that it was nothing to do with the business and was a private sale only, the only sneaky thing I have seen is a "sold as seen" on the receipt from the colleague who sold me the car. But again, per consumer rights that phrase doesn't affect your rights. The owner himself wouldn't let the car be sold to me without a fresh MOT as he didn't want anything coming back on the business. So he was in charge of whether the car left the dealership or not. If it was a private sale, it would have been a private advertisement and bought from the colleague from his driveway.
Just in relation to the fault itself, it doesn't look like oil spillage. The engine cover quite clearly has for want of better wording an explosion mark right above where it sits on the injector. It's definitely previous diesel spill. If anyone has seen the greasy black gunk that you find on a diesel pump, it looks exactly like this and most of it is solidified across the rocker cover and wiring harness.
They can't be too annoyed, it's going back with 4 x PS5's and 4 wheel alignment.
Thank you for your replies. Apologies shift patterns have dictated a slow reply from myself.
I am pleased that they have offered a refund. The owner of the dealership is shall we say 'dissapointed' that I am exercising consumer rights as he seems to believe the car was a private sale. However, my argument to him is simply that if he doesn't want the car to be associated with the business and he wants it to be a private sale then he shouldn't allow it to be advertised on AT through the business, with a full business description "AA BREAKDOWN, 3 MONTHS WARRANTY (that requires a 120 point inspection by the DEALER to be authorized), YOU'RE IN SAFE HANDS" etc, with the main contact being the business itself.
At no point throughout the sale was anything signed to say that it was nothing to do with the business and was a private sale only, the only sneaky thing I have seen is a "sold as seen" on the receipt from the colleague who sold me the car. But again, per consumer rights that phrase doesn't affect your rights. The owner himself wouldn't let the car be sold to me without a fresh MOT as he didn't want anything coming back on the business. So he was in charge of whether the car left the dealership or not. If it was a private sale, it would have been a private advertisement and bought from the colleague from his driveway.
Just in relation to the fault itself, it doesn't look like oil spillage. The engine cover quite clearly has for want of better wording an explosion mark right above where it sits on the injector. It's definitely previous diesel spill. If anyone has seen the greasy black gunk that you find on a diesel pump, it looks exactly like this and most of it is solidified across the rocker cover and wiring harness.
They can't be too annoyed, it's going back with 4 x PS5's and 4 wheel alignment.
MrBen.911 said:
I'd just take the refund and move on.
Sadly I'm a little doubtful that a 150,000 mile 118d (or 318d if it's an E91?) is going to be the perfect choice for a pain-free mile muncher. You might be lucky, but they are often pretty knackered at that stage.
Yes you're absolutely right. 318d, my bad!Sadly I'm a little doubtful that a 150,000 mile 118d (or 318d if it's an E91?) is going to be the perfect choice for a pain-free mile muncher. You might be lucky, but they are often pretty knackered at that stage.
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