Fan drivers

I recently wrote to you about a buying experience at a large car showroom when my sister bought a 2003/03 BMW 320d SE. I recommended she get her local garage, which has looked after her decently in the past with her former 318i, to change the oil and filter and possibly the pollen filter, and to give the new car a general check using their computerised analytical equipment. The only fault to come up was a non-operating cooling fan - the garage puts it down to a u/s module, and says the fan must be replaced. My sister told me that on the only long journey she has done so far the coolant temperature gauge did not rise above the mid-point, though she said the car did get hot inside. I do not doubt the integrity of her local garage. The cost to replace the fan is £381, including labour and VAT. The dealer refutes liability, but has said he will make a goodwill contribution of half. The car came with a 3-month warranty - and I believe that under the new Sale of Goods Act, the car can be returned if not fully satisfactory or the supplier will not pay for any defects to be rectified. She would like to keep the car. Could you advise me on her position, please? Should the cooling fan be covered under the warranty?

Asked on 25 April 2009 by

Answered by Honest John
Strictly speaking, the selling dealer has to either make good a fault that was clearly present when the car was sold or take the car back and return the purchase price. So it depends how much of a fuss you want to make and how much stress you want to put yourselves through. You have not rights against the selling dealer if you get someone else to do the work. The selling dealer could probably buy and fit the part for less than the local garage, so is actually offering what it would have cost to do the job itself.
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