Is the garage which sold my daughter a faulty MGTF liable to repair the engine?

My daughter recently bought (mistakenly in my opinion, but she didn’t tell me until after she had bought it) a 6-year-old MG TF soft-top with 30,000 miles on the clock. On Christmas Eve she was driving from Liverpool to her boyfriend’s in Croydon when, in her words, she heard a bang and the engine died. Two local garages said they couldn't fix the problem (one wouldn’t touch it because it was an MG), so the vehicle was taken back to Liverpool under the terms of the rescue policy to the selling garage, as there were still a few days left on the 3-month warranty they had given her.

The garage has now contacted my daughter (still on holiday in the USA) saying that the engine has been ruined because water and oil have become mixed and that this could only have happened by her putting oil into the water filler or vice-versa, and that a new engine is needed and that this is solely her responsibility. She is adamant that she has put in neither oil nor water since buying the vehicle from them, but they are unmoving. Where does she stand legally please? Should she ask them to do the repair, pay for it, then seek to claim it back from through the small claims court? Or should she press her claim that there must have been an inherent fault in the vehicle when she bought it from them?

Asked on 24 December 2010 by MB, Oxford

Answered by Honest John
The dealer is attempting to pull wool over your eyes. There is a fundamental fault with Rover K series engines in that they have a very small coolant capacity and the ‘O’ ring gaskets between the inlet manifold and the head are prone to leaking. There is very little running time between the leak starting and the engine running so short of coolant that the head gasket fails (when engine oil and water mix), or, even worse, the heat from lack of coolant results in a bore wet liner being displaced. She has a very strong case for either demanding that the selling dealer repairs the car to her satisfaction, or takes the car back and refunds her purchase price. Law here: www.honestjohn.co.uk/faq/consumer-rights. For further help, e-mail: asklucy@honestjohn.co.uk

Update: MB did as I suggested and the dealer capitulated.
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