Mazda MPV 2002 - Discovered fault after 3 weeks, where do I stand.

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Tue 4 May 2010 15:57
Mazda MPV 2002 - Discovered fault after 3 weeks, where do I stand. - cphardcastle

Just over three weeks ago we purchased a late 2002 Mazda MPV. All was well until yesterday when we couldn't get any warm air from the heater. I checked the coolant level and found the header tank empty and it took a litre to refill, after which we started to get warm air back through the heater - obviously there wasn't sufficient coolant in the system to feed the heater matrix.

I then discovered a fairly significant leak coming from the rear of the car, as it's fitted with rear heaters. Today I informed the dealer from whom we purchased the car who says we only have a 'power-train' warranty on the car and we're not covered for this fault.

When we purchased the car we were given no documentation on the warranty at all so is this just a get out clause for dealers to claim they're not liable for any fault they deem not connected to engine or gearbox?

I think I've narrowed down the fault to some corroded heater pipes in the rear wheelarch, it was quite a common problem in the north USA and Canada, but the part is in the region of £300.00!!

Legally, where do I stand? Should the dealer be liable or am I on my own? Under the sale of goods act it states I am allowed reasonable time to ensure the car is in satisfactory condition, but what is a reasonable time? It also states that the car should be fit for purpose, as it is it isn't, but does this apply to used cars as well as new ones?

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Tue 4 May 2010 16:21
Mazda MPV 2002 - Discovered fault after 3 weeks, where do I stand. - Pondlife

If you bought from a dealer, then my understanding is that they are liable for any faults that exist when the vehicle was sold. It's different for private sales, but from your post it looks like you bought from a dealer.

I also beleive faults that show up within six months of purchase are deemed to have been present at the time of sale, with the exception of consumables.

So I think the dealer is liable for this unless you were made aware of the problem before you bought it. I don't think he can use the fact that the warranty does not cover this as a way to avoid liability, although he may well try to do so.

I'm sure there will be some more knowledgable members around soon, but that's my basic layman's understanding.

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Tue 4 May 2010 23:23
Mazda MPV 2002 - Discovered fault after 3 weeks, where do I stand. - bathtub tom

I'd suggest you get the repair done independantly of the dealer that sold you the car, because you obviously don't trust him to not to 'bodge' it, and you've given him opportunity to repair it.

You then present him with the bill, but you'll probably have to go to court to recover the costs.

He'll ignore the the court.

How far do you want to pursue him over a matter of principle?

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Wed 5 May 2010 10:56
Mazda MPV 2002 - Discovered fault after 3 weeks, where do I stand. - cphardcastle

Thanks all for the advice, much appreciated.

I have emailed the dealer again this morning telling them what I want them to do, ie, supply and fit a replacement part, or failing that just to supply me with the part and I'll fit it myself.

I've also emailed them a picture of the old part and tried to reason that the amount of deterioration could not have happened within three weeks and it must therefore have been a problem that existed prior to sale.

I'm expecting them to dig their heels in so I'm prepared to take it to the small claims court if necessary - I don't see why dealers can hide behind 'not under warranty' clauses and get away with it.

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