Warranties

Honest John Back Room » Motoring discussion
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Mon 14 Jan 2008 14:55
Warranties - Saltrampen
Hypothetical question:
If I buy a used car with remainder of the maker's warranty from a dealer, but not a dealer working for the maker - who is responsible for any faults?

For instance if the maker's warranty doesn't cover water leaks in the second and third year, yet the used car leaked within 2 weeks after buying it used, could a claim be made against the selling dealer?

The selling bumpf that shown to me before I bought the car said "comprehensive warranty for 2 years", yet after I bought it the actual makers warranty fine print says something like "does not cover water leaks & trim failures". (Guess which maker this is!)

Luckily Have traced the cause of the leak (looks easy to fix), but is there a case under misleading advertising?



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Mon 14 Jan 2008 19:49
Warranties - DavidHM
You could argue a trades descriptions case if you were that way inclined, but I wouldn't bother.

I'd just take the view that a warranty is in addition to the Sale of Goods Act and not instead of it. So, if the warranty doesn't cover leaks, all it means is that if the car is not of satisfactory quality then the seller doesn't get his liability reimbursed by the warranty provider.

If the leak develops in such a way that the car is of satisfactory quality then you're on your own but, in the case of a nearly new car such as this, where the leak develops so soon after the sale, I can't see that there'd be any mileage in such an argument.
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