Is my Citroen Xsara Picasso covered by the Sale of Goods Act?
Are cars covered by the Sale of Goods Act 1979? My five-year-old, 29,000 mile Citroen Xsara Picasso suffered a catastrophic clutch failure with little warning, requiring new clutch and DMF. As the vehicle was purchased new less than six years ago, and if such a failure could not be regarded as "reasonable", then I should have a good case against the supplying dealer under this legislation, unless cars or car dealers enjoy some form of exemption?
Asked on 16 February 2013 by HC, Rochford, Essex.
Answered by
Honest John
I bet you were listening to Martin Lewis on the Jeremy Vine Show on Friday. He did at least explain that Statutory Law is meaningless without Case Law to uphold it. But he failed to mention any of this case law. In your case you would need to sue the supplying dealer, not Citroen, because you bought the car from a dealer, not from Citroen. The supplying dealer will contend that clutches are a wearing part never warranted beyond six months from new, because a driver could destroy a clutch in 15 minutes if he wanted to. Dual mass flywheels are a warranty item, but three years is a "reasonable life". You would need to prove that a "reasonable life" was five years, and I don’t think you'll manage it. See: www.honestjohn.co.uk/faq/consumer-rights/
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