Uncool

I’m writing on behalf of my girlfriend. She purchased a car 10 days ago from a garage in Leicestershire. It’s a 2004 SEAT Ibiza with 56,000 miles. It was listed with climate control (air-conditioning), which as any person would expect to work when buying a car. We both went on a test drive and tested the air conditioning system on a cool day that seemed to supply cold air (however it was cold outside) but with a vague ‘hissing’ sound but the salesperson explained it was simply a fan. We decided on the car and when we picked it up it was fine, until when we tried it on the journey home where it seemed to make a hissing noise and no cold air being blown out. We quickly phoned the garage to say it had stopped working before we picked the car up but unfortunately, the garage was not interested insisting we repair or refill the air-conditioning system to our own cost. We have contacted the garage several times but still not interested in our car. So I decided to phone the citizens advice bureau, which claimed we would only have a claim of ‘sales of good act’ if the part/parts in question were considered not reasonable wear and tear. We have checked the car out with a different garage which claims it needs re-gassing and a air conditioning service at around £50-£80. Despite the garage we purchased the car from listing the a/c as a fully functional item. Is this considered fair wear and tear?

Asked on 4 July 2009 by

Answered by Honest John
Legally, the selling garage is liable for any fault that could conceivably
have been present at time of sale for a period of 6 months from sale and to get out of that liability actually has to prove that you caused the problem, which it obviously cannot do. See consumer rights FAQ answer at www.honestjohn.co.uk
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