Honda Civic S Type brake pads - replacement on a car we have just bought?

At the end of March we purchased a Honda Civic 2003 S Type car with 58850 miles on the clock, as part of the deal we had the car serviced and MOT'd at the same time. We recently noticed squeaking from the rear brake, so took it into a garage to be looked at, it turns out the brake pads and disks need to be replaced.

As this is classed as general wear and tear it is not covered under the warranty we took out with the car, however we are wondering if we have any recourse to go back to the garage where we purchased the car to see if they will contribute towards some of the cost, as the MOT and Service were both clear, and we would have thought at least the service should have spotted that the brake pads were starting to go, is this something that should have been identified?

Asked on 6 June 2013 by RO

Answered by Honest John
Good choice. This is a GREAT car. But if you bought the car from a dealer the fault with the rear brakes was obviously present on the date of purchase and, under Clegg v Olle Andersson (House of Lords) 2003, the dealer is legally liable to either take the car back and refund the purchase price, or replace the faulty components at no cost to you. Law here:
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