Renault Clio - Warranty dispute - rgk

My mother bought a car from a garage with a 3 month warranty. After 2 months the big end went and she had it transported back the garage for repair. The owner said he would have a new engine fitted and loaned her a car in the meantime.

After a month, she got her car back. He told her to run it in, as it has a new engine, which cost him £3k but she immediately had to return it because the "new" engine leaked oil. He said he would have it fixed and return it. When she got it back it still leaked, so she took it to an independent garage to have a look at it. The independent garage said it was not a new engine, just a replacement and prepared a list of things wrong with it.

She contacted the original garage and was told that as the warranty ran out while she had the loan car, she was no longer covered!

Is this correct?

Renault Clio - Warranty dispute - RobJP

First off, she isn't entitled to a 'new' engine - just a replacement, working engine. Having a recon engine, or one from a car that has been scrapped for another reason, is perfectly reasonable.

Secondly, exactly what is or is not a 'reasonable' repair depends on the age of the car, the price paid, various factors. Also, what EXACTLY does the second garage say is wrong with the engine (bearing in mind they might just be trying to drum up business). Without all that information, then advice will be rather limited.

Renault Clio - Warranty dispute - gordonbennet

Always risky to take a car under warranty, especially when in dispute, to another garage, gives the garage that should be obliged to sort the problem out, a get out.

Renault Clio - Warranty dispute - rgk

Well, that could be true but they only looked at it, they didn't attempt to make any repairs. It is a garage she knows and trusts.

Renault Clio - Warranty dispute - rgk

She's not too bothered about the fact the engine is not new, just that it disingenuous of the garage to say that it was new but the important issue is the time of the expiration of the warranty. There was no dispute regarding the original repair, i.e. the garage accepted liability. However, to say that the warranty ran out while she was using the loan car doesn't seem possible.

If that were the case, if she bought the car and it broke down the next day, the garage could loan her a car for three months, not repair the other one, then say that they are not liable anymore because the warranty ran out while she was using the loan car.

Renault Clio - Warranty dispute - RobJP

I asked some questions in my first reply - regarding age of vehicle, price paid, EXACT details of what the second garage say the faults are, etc. Not replied to. Without those answers, nobody can tell you what the selling garage is, is not, or even may be liable for

Renault Clio - Warranty dispute - rgk

The vehicle is a 56 reg. I think she paid too much for it, £4,995 for a vehicle that had done 77k miles.

I don't know the details of the faults. I am only trying to establish one important principal which is this: Can a car's warranty expire during a lengthy repair? If so, there is no incentive for the garage to fix it because he can loan his customer a car until the warranty expires, then wash his hands of the problem, which is effectively what has happened here.

Renault Clio - Warranty dispute - RobJP

The details of the faults are important because,as a used 8 year old car, it is not reasonable to expect it to be as perfect as a brand new car would be.

For example, if the car has squeaky (but working) power steering, or if one of the speakers isn't working, or even possibly a very minor oil leak, then that might be a minor fault that could (possibly) be viewed as commensurate with the age of the car. If, on the other hand, the car has a major oil leak, or the power steering isn't working at all, or the stereo blows fuses whenever you try to switch it on, then that is more likely to be viewed as a major fault.

So the actual, full details as to the faults that the second garage say are present are very important.

As to the warranty running out while a fix is in progress - no, that is not reasonable. I can't imagine a court would view it any other way. But, as I've said, the seriousness of the fault is a major factor. Not all faults are major, or unreasonable on a car of this age.

Renault Clio - Warranty dispute - rgk

Thank you, that is helpful.

I am trying to establish the principal first and then the subjectivity of the seriousness of the faults as the second stage of the process.

I have to admit to spitting a few feathers after she visited me on Sunday and left a slick on my driveway!

Edited by rgk on 21/10/2014 at 11:03