Dealer Liability over Holed Air con Condenser - where do I stand?
I just bought a 3-year-old Renault Modus diesel QS5 with 16,800 miles for £7995, which the independent dealer claimed was in perfect condition. The fuel economy is impressive, returning twice the MPG of the petrol automatic in town. Road tax only £30 annually. Superb high driving position and the MkIIs, post 2007, have superior damping with less noise.
Side issue first: apart from the debit card docket, the seller has not provided me with a formal receipt after 11 days. Is he not legally-obliged to supply one being VAT-registered? How can I enforce this?
Two engineers have confirmed the aircon condenser has a hole and must be replaced; I obtained a quote of £321. The dealer is 125 miles away and wants me to return the car for repair by his people, although it is unlikely to be less than my already-competitive figure. Should I write to him (signed for), claiming his 6-month liability under the Sale of Goods Act, failing which I intend to pursue the cost through the small claims court? Could I have problems with the dealer claiming the condenser was suddenly holed on my run home? One does not normally run A/C in winter but certainly would within 6 months. Thank you.
Side issue first: apart from the debit card docket, the seller has not provided me with a formal receipt after 11 days. Is he not legally-obliged to supply one being VAT-registered? How can I enforce this?
Two engineers have confirmed the aircon condenser has a hole and must be replaced; I obtained a quote of £321. The dealer is 125 miles away and wants me to return the car for repair by his people, although it is unlikely to be less than my already-competitive figure. Should I write to him (signed for), claiming his 6-month liability under the Sale of Goods Act, failing which I intend to pursue the cost through the small claims court? Could I have problems with the dealer claiming the condenser was suddenly holed on my run home? One does not normally run A/C in winter but certainly would within 6 months. Thank you.
Asked on 11 January 2013 by Thavorn Thai
Answered by
Honest John
He has offered to fix it. You have to take the car to him to get it fixed. You are not entitled to a 'distance fix' unless he agrees to it. And yes, he is legally obliged to supply you with a receipt because the value of the car still contains a VAT element. Tell him if he doesn't you will report the matter to HM Customs and Excise. Then he will give you the receipt double quick.
Tags:
consumer rights
garages
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