Can you help me... I purchased a used car on the 28th April. Before purchasing it an oil leak was identified and the agreement made that this would be repaired prior to sale. This was noted on the purchase agreement. I paid cash.
5 days after I took possession of the car, I noticed it was leaking oil again and informed them that day. However, they couln't book it in to be looked until Thursday 11th May. I received a call to say that it was a different oil leak!!! and that it required a minimum of 4 hours to strip it back and this would cost more than the allocated £100 in the warranty agreement. I was told to collect my car as it was safe to drive and just to keep a check on the oil levels!!
Am I wrong to not accept this? I have not collected my car from the garage as I assumed this would be regarded as acceptance.
I have read all the small print regarding the Sale of Goods Act on the purchase form and none relates to my right as the buyer in this situation. Do I have a cooling off period if they refuse to repair the defect and demand my money back?
Thanks
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If it is, as alleged, a different oil leak than it's a different problem.
It may well have been caused by the first repair i.e. an oil seal not properly seated or similar.
I would suggest that it is the seller or warranty agreement provider that should be responsible for the follow up repair.
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What\'s for you won\'t pass you by
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Thanks for that.. hadn't thought that they could have done the damage!
I agree that the warranty should cover it but they claim that the work would cost more than the excess they placed on labour and parts.
I think I probably have a battle on my hands .. but they are a large dealership and I wouldn't have thought it was worth their reputation!
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Is it a leak or a 'weep'...? Sometimes you can live with weeps from cam cover (or at least I did..)
I do not think it is a warranty issue if it was pre-existing. Actually the warranty usually specifically excludes pre-existing faults. Some are not worth the paper they are written on (one garage told me my warranty would only cover the gearbox if it sponetaneously exploded from the inside)
Or are they saying it suddently appeared after delivery..?
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They are saying that it's a different leak from the one that was pointed out to them prior to sale .. ie a new one that 'appeared' after we had taken delivery!
Its leaking quite badly onto the driveway .. making quite a mess so it's def a leak.
I have to agree that the warranty appears worthless! Did smile at the gearbox exploding one!!
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Dealers like these 'warranties' because they deflect the customer away from taking action against the dealer.
You have only had the car two weeks and I would expect the leak to be fixed FOC by the dealer without mention of the (worthless) warranty.
Can you specify what the car is, age and mileage, and where leak is from (and where first leak was supposed to be from)?
If its a reasonably newish car with sensible mileage then I would threaten Small Claims Court and see what happens.....
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The car is a Tigra, 8 years old with 59,000 on the clock. The leak was originally seen on the sump from the front of the engine. The garage allege it was from the rocker cover, but there was no visible oil leak at the top of the engine. The reappearance of oil appeared to be coming from the same place as the oil was under the front of the car on the driveway. The garage is now saying this a new oil leak that requires more investigation but haven't said where it's coming from!
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Can you say where the garage is?
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Can you say where the garage is?
Not without naming / shaming. So I'd rather fi64 didn't. DD.
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You paid cash..a pity because if you paid any part by credit card you can get the card people to sort it out..its very effective. I feel your only recourse if the garage won't be co-operative is small claims. I have had experience of being sued by a rogue plumber who took me to small claims and the judgement went out way. Just the threat of small cliams may induce a satisfactory outcome.
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Probably crank front oil seal which is not unusual and a bit tedious to replace.
I wonder if the crankcase is pressuring and forcing the oil out - I would check that if I were you.
As them (in writing) to fix the leak and if they don't cooperate then fire out a small claims court claim.
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Thanks for all your advice.. will mention the crankcase. Problem is so far I am dealing with the sales person rather than the mechanics. If that is the problem it's probably the original one!
Will keep you posted .. hopefully it won't come to threats although a mention of it would probably do no harm!
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Well, I contacted the dealership armed with all your advice and a printout of section 14 of the Sale of Goods Act from the FAQ section of this site!
Surprisingly enough I got an immediate agreement to fix the car. It went into the garage yesterday and I still don't have it back as they had had to strip it back to the cylinder head! At least 2 days labour never mind anything else it may have cost for parts.
I also insisted on a courtesy car so as long as the leak is fixed.. an all round successful conclusion
Thanks again
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Good to hear..:-)
Trust it will sort it out once and for all.
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Well done Fi - not a bad result from your first Q on HJ! Some really helpful knowledgeable people on here (present company excluded!!)
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Phil
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