Is the dealer liable for my broken gearbox?

I bought an Audi A7 eight months ago from a BMW dealership. Last week the car developed gearbox problems I took the car to an Audi centre and was told that it has the wrong oil in the gearbox. The problem will cost £10,000 to fix. What should I do?

Asked on 17 June 2016 by Cath A7

Answered by Honest John
Presumably this is the seven-speed longitudinal s-tronic. That needs a change of fluid and filter every three years or so. If the BMW dealer filled it with normal ATF, then that is the problem. But anyway, you didn't, so liability rests with the dealer who sold you the car, even though it's outside the six months when a dealer is automatically liable. Hit the dealer who sold you the car for the £10k transmission replacement cost, or have him buy the car back from you for its current market value. Better the former because the county court small claims limit is £10k.
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