|
I have owned my ford focus 1.8 zetec for just one week and the central locking is no longer working properly (locks then unlocks) , Should the dealer fix this problem and if not do i have any rights ?. thankyou Katherine. p.s it is not a main dealer but has been dealing on the same site for over 14 years.
|
Hi Katherine,
I thought you got it working again? You could try but I'm not sure. I think your only ammunition would be the fact you've owned the car for just a week.
Someone else will know more.
--
Adam
|
|
Yes it did work just for one night then got to work this morning and same thing happend (sigh) its so frustrating but i just get the impression this dealer is going to FOB me off (excuse the pun)!!!!
|
|
|
|
|
Sorry to state the obvious, but check the warranty handbook. That *should* tell you what is covered, and what isn't.
|
Assuming that the Sale of Goods Act would apply in these circumstances, the amended act provides for any defect that is apparent in the first six months of ownership of the vehicle is assumed to have been there from day one.
Therefore you have a claim against the dealer under the Sale of Goods Act as amended and that came into law I think August/September last year?
|
Assuming that the Sale of Goods Act would apply in these circumstances, the amended act provides for any defect that is apparent in the first six months of ownership of the vehicle is assumed to have been there from day one. Therefore you have a claim against the dealer under the Sale of Goods Act as amended and that came into law I think August/September last year?
That only applies to a brand new car.
Check out www.dti.gov.uk/ccp/topics1/saleandsupply.htm for a lot of good info.
|
kenl - can you point me in the right direction of the info that says it only applies to a brand new car? I may be missing something (wouldn't be the first time...), but from memories of my studies it applies to anything sold by a dealer, whether used or new. Still, I stand ready to be corrected.
Even if I'm wrong in this case, under the original Sale of Goods legislation, a fault appearing in the first week since the sale of the vehicle would be enough to ensure that the dealer resolves the problem at no cost to the customer. Whether rejection is a possibility is another question!
|
www.dti.gov.uk/ccp/images/guide.gif
Read the section "proving the fault". It isn't really explicit right enough about new or used but I assumed it meant new and have read this elsewhere - you could be correct though.
Anyone have the definitive answer on this?
|
Having read the guide I understand your point of view. However, to the best of my knowledge the Sale of Goods Act applies to all transactions between a business and a consumer, whether it be for a brand new Jaguar or a 15yr old Cavalier!
I think the main point is regarding the products being of a satisfactory quality, and for the lock to break after one week suggests that the product was not of a satisfactory quality and that the dealer should repair it.
I would be interested to see what the legal experts think... I'm only a buyer by trade!
|
|
Yes I agree - the dealer will or at least should fix it.
|
the dealer is responsible, it's fair to assume the fault was present when you bought the car:
www.oft.gov.uk/Consumer/Your+Rights+When+Shopping/...m
Your rights
When buying from a dealer, the law says a car must be:
of satisfactory quality - it must meet the standard a reasonable person would regard as acceptable, bearing in mind the way it was described, how much it cost and any other relevant circumstances. This covers, for example, the 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.
as described - a car said to have 'one careful lady owner' shouldn't turn out to have three previous owners, all males under 22
reasonably fit for any normal purpose - it should get you from A to B
reasonably fit for any other purpose you specify to the seller - for example, towing a caravan.
These rights are not affected by any mechanical breakdown insurance (often sold by dealers if the manufacturer's warranty has run out), guarantee or warranty giving additional protection.
If you inspect the car, or someone does so for you, the dealer is not liable for any faults which should have been uncovered by the inspection. It's a good idea to get a description of the vehicle's condition from the dealer: ask whether there is a pre-sale inspection checklist.
|
|
|
|
