Does a manufacturers warranty apply to 2nd owner?

DaisyMoo

I hope someone can help becuse I'm at my wits end! I bought a 2nd hand car in Aug last year with 3 month warranty. It was not driven until Dec (apart from test drive, which was fine) Now the engine cuts out for no reason and when it's re-started the engine management system kicks in so it won't go over 50mph.
I have taken it to a garage, they ran diagnositcs and there was a list of electrical faults that they could do nothing about. It also turns out that the previous owner took the car to the same garage so they were able to tell me a bit about the history.
This problem has been going on for some time now and the garage has previously sent the diagnostic results to the manufacturer who confirmed they did not know what the results meant and there was nothing they could do. I don't understand why the previous owner did not seek a replacement as the car would have been under warranty.
As the car is now my problem, I was wondering if the warranty would apply to me? If not, would there be anything else I could do?

Thanks in advance x

vikingaero

Generally, yes the manufacturers warranty will apply to a second owner. There may be some manufacturers who require you to register your interest but this is rare. I would try taking the car to a different dealer and let them try to fix it. I presume that the car is nearly new?

DaisyMoo

Thanks Viking - The car is 4 years old, I have contacted the manufacturer and they confirmed that the warrenty would apply, however, the garage said this particular issue is not covered. I could take it to another garage / dealer, however, I know the previous owner did this and threw a lot of money at it, but no one was able to fix it. I'm not sure if it would be throwing good money after bad. Don't really know what to do now.

Wig

What car is it? What warranty is offered from new? Standard 3 years? Plus 2 year extension?

I know on a Punto the second extended warranty is not transferable, but the 3 year part is.

What is the manufacturer referring to when they said "the warranty would apply"?

Sounds odd that there could be any fault not covered by a standard 3 year warranty. I could understand it not being covered by an extended warranty. But the issue here is was it diagnosed before the end of the 3 year warranty?

Maybe they are saying it is not covered because now an independant garage has been fiddling and replacing bits and bobs, thus nullifying the warranty?

Wig

Try to get it working at least temporarily then sell it at auction..... a possible solution?

Need to check with the auctioneers if major faults need to be declared on a 4 year old car.

jase1

5 years? Is this a proper warranty or a dealer extension?

If it is the former (meaning the car is most likely a Hyundai) I can confirm that the warranty is definitely transferable.

DaisyMoo

Thanks Wig - It's a proton and the warrenty is the extended 6 year/100,000 miles for engine faults. The garage says it is an electrical fault and therefore not covered. I can't actually prove that the problem existed before as we found this out verbally from the mechanic who looked at the car. I'm sure if we were to get it looked at on the basis if the issue existing before the 3 year warrenty was up, they would require hard proof of this.

Tilt

WHOA! If the car was bought last August (2010) from a dealer/trader, why are we talking warranty? The car will still be subject to the SOGA which assumes any fault within the first 6 months of ownership is present at the point of sale. The resposibility therefor lies with the seller, not the warranty co. If however the manufacturer's warranty still applies then I would imagine it will cover the problem but as far as the OP is concerned, he should be talking to the seller very quickly!

Wig

Tilt wrote: »

WHOA! If the car was bought last August (2010) from a dealer/trader, why are we talking warranty? The car will still be subject to the SOGA which assumes any fault within the first 6 months of ownership is present at the point of sale. The resposibility therefor lies with the seller, not the warranty co. If however the manufacturer's warranty still applies then I would imagine it will cover the problem but as far as the OP is concerned, he should be talking to the seller very quickly!

It's not assumed at all. It would be for the trader to persuade a court i.e. a judge, that the car was satisfactory at point of sale. If they persuade the judge, it's game over for the litigant.

We don't know if the car was under £5000 for the OP to safely use the small claims court (which could still cost over £500 in court costs).

Points in the OPs favour
*it could still be within 6 months, if they act fast
*There is a garage who can testify to the history of the problem on the car.
* the car was not driven all of these months which although surprising, means that the trader cannot argue that the car has been driving around for 5 months with no problems - which would be a VERY persuasive argument to put to the judge.


Have you got any case law on the subject?

Tilt

Unfotunately as a 'newbie' I cannot post any links ect. If you go to; www. adviceguide. org.uk /index/ c_secondhand_cars. pdf (there are no spaces, I have had to post it like that to avoid the link) it has all the info you need including the term 'assumed'.

jase1

DaisyMoo wrote: »

Thanks Wig - It's a proton and the warrenty is the extended 6 year/100,000 miles for engine faults. The garage says it is an electrical fault and therefore not covered.

Just on this point, the garage is correct (I forgot about Proton's deal TBH).

That drivetrain warranty is transferable but it is correct to say that any ancillary parts aren't covered.