Faulty BMW Z4 - is the seller trying to fob me off?

I have recently purchased a second hand 2008 BMW Z4 2.0 Sport with 35,000 miles on the clock and a full BMW service history from an independent dealer. After two weeks and doing a weekly trip of 300 miles the emissions light came on. I took it back to the dealer who had a quick look and reset it (bogus readings, he said).

After a few weeks later it came back on again – but with a slightly different error code (still exhaust). Then last week (just before my three month warranty expired) it came on again for the third time. Of course I went back to the dealer and said fix this problem.

He took it to BMW on my behalf and they have diagnosed it with a failing catalytic converter 1st bank (I think these engines have 2 – N46 engine). The dealer has told me I am not covered under the warranty on this part. He has been quoted £1200 to fix it and will make a £350 contribution towards this.

My question to you – this was a developing problem during the warranty period – should he pay for the whole thing? Or is he being more than generous by making a contribution?

Asked on 30 May 2014 by Littlepete81

Answered by Honest John
The dealer is trying to con you out of your rights. If you bought the car within the past six months then he is liable for any fault that could have been present or developing on the date of purchase and if he refuses to make the repair you can take him to small claims for it or return the car for a full refund.

Relevant case law is Clegg v Olle Andersson, House of Lords, 2003 (only an Act of Parliament can overrule that ruling). Law here: www.honestjohn.co.uk/faq/consumer-rights/
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