New clutch needed for my MINI - is the dealer I bought it from liable?

I bought a 2009 MINI Cooper S in February. Since then I have put 1100 miles on it. About a month ago, I noticed it was making a strange screeching noise when I pulled away from a standstill. My local garage that I've used for years has checked it and advised it needs a new clutch. It's likely that it needs a new DMF at the same time,

I've been quoted £1500 to get this sorted. Obviously, I'm not pleased. I'd like to know what my position is with the dealer I bought the car from. When I got it, it came with a three-month warranty, which has now passed. Are they responsible to get this fixed? I find it unbelievable that this wasn't picked up by them when they prepare it for sale.

Asked on 15 September 2021 by ollielewis

Answered by Dan Powell
You have legal rights for up to six years (five years in Scotland) when you buy a used car but you will need to prove you didn't cause the clutch and flywheel failure.

If the problem happened within the first six months of ownership and was reported to the garage that sold you the car then you will have strong grounds to argue the problems were present or developing at the time of sale. However, if you didn't report it to the dealer and you are outside of the six-month window then you'll ultimately need proof to show the seller is liable.

I would ask your local garage to write a report on the condition of the car. They may charge you for this but it may be the evidence you need to show the clutch and flywheel was faulty when you bought it.

For your legal rights, see:
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