Car needs new engine 1 day after i bought it!

mike123456_2

I have had use of a Company car for almost 4 years. It has covered 60k miles in that time. On 30th November I bought the car from the leasing Company making payment using my debit card of £6,632. I declined to buy an optional warranty. The following day it broke down with a severe mechanical noise coming from the engine. It was towed by the AA to the nearest main dealer. The garage is now telling me that a con rod has broken and the only solution is to fit an entirely new engine at a cost of £3,458 plus vat. I have contacted the leasing Company who sold me the car who say that they are not prepared to contribute to the cost of the new engine as the car was “sold as seen”. The wording on the terms and conditions that I accepted when I bought the vehicle include the following;
4. Guarantee and exclusion clauses
4.1 The Seller will endeavour to transfer to the Buyer the benefit of any warranty or guarantee given by the manufacturer of the Vehicle
4.2 SAVE AS PROVIDED IN CLAUSE 4.1 THE SELLER WILL BE UNDER NO LIABILITY UNDER THE CONTRACT FOR ANY PERSONAL INJURY, DEATH, LOSS OR DAMAGE OF ANY KIND WHATSOEVER (OTHER THAN DEATH OR PERSONAL INJURY RESULTING FROM THE SELLER’S NEGLIGENCE) WHETHER CONSEQUENTIAL OR OTHERWISE INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND THE SELLER HEREBY EXCLUDES ALL CONDITIONS, WARRANTIES AND STIPULATIONS, EXPRESS OR IMPLIED, STATUTORY, CUSTOMARY OR OTHERWISE WHICH BUT FOR SUCH EXCLUSION WOULD OR MIGHT SUBSIST IN FAVOUR OF THE BUYER EXCEPT THAT SUCH EXCLUSION WILL NOT APPLY TO:-
4.2.1 ANY IMPLIED CONDITION THAT THE SELLER HAS OR WILL HAVE THE RIGHT TO SELL THE VEHICLE WHEN THE PROPERTY IS TO PASS; OR
4.2.2 WHEN THE BUYER DEALS AS A CONSUMER (AS DEFINED IN SECTION 12 OF THE UNFAIR CONTRACT TERMS ACT 1977) ANY IMPLIED TERMS RELATING TO THE CONFORMITY OF THE VEHICLE WITH ITS DESCRIPTION OR SAMPLE OR AS TO ITS QUALITY OR FITNESS FOR A PARTICULAR PURPOSE
4.3 IN NO CIRCUMSTANCES WILL THE SELLER OR ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER (OTHER THAN DEATH OR PERSONAL INJURY RESULTING FROM THE SELLER’S NEGLIGENCE) WHETHER CONSEQUENTIAL OR OTHERWISE CAUSED DIRECTLY OR INDIRECTLY BY ANY NEGLIGENCE ON THE PART OF THE SELLER OR ONTHE PART OF ANY OF ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS IN CONNECTION WITH OR ARISING OUT OF THE SUPPLY OF THE VEHICLE OR IN CONNECTION WITH ANY STATEMENT GIVEN OR MADE (OR ADVICE NOT GIVEN OR MADE) BY OR ON BEHALF OF THE SELLER

Do I have no option other than to pay for the new engine? Do you think that I can go to the small claims court and seek to recover the £3,458 plus vat that the new engine is going to cost? Does the Sale of Goods Act apply as the vehicle was clearly defective when sold? I’m grateful for any advice.

LandyAndy

You are in the AA. They have specialist legal advice. Ask them.

TrickyWicky

Well frankly I don't think you've got a leg to stand on against the company. Considering you've been the driver of it for so long their version of sold as seen puts them in a very strong position.

I'd be surprised that a broken conrod warrants a new engine though.. it should theoretically be possible to replace it UNLESS the broken parts have damaged something else. Either way it should still be possible to rebuild it for less than a new engine at the quoted price.

Alternatively hit ebay and various scrap yards, you'll get a replacement engine a lot cheaper than that.

mike123456_2

Many thanks for the advice, but "The AA doesn't currently provide personal legal advice. If you're looking for personal advice on any matter relating to vehicle use, motoring offences, accidents or disputes with suppliers/garages we recommend contacting your local CAB or other legal adviser in the first instance".

Hammyman

TrickyWicky wrote: »

I'd be surprised that a broken conrod warrants a new engine though.. it should theoretically be possible to replace it UNLESS the broken parts have damaged something else. Either way it should still be possible to rebuild it for less than a new engine at the quoted price.
.

Broken conrods tend to go through the side of the block and en-route, the piston usually ends up gouging a chunk out of the cylinder bore too big to machine out.

The price of a new engine seems horrific. It is about twice what it should be for a brand new one and about three times what it would be for a reconditioned unit.

colino

I don't see how you can win in this to be honest. Presumeably the car has been serviced properly and had no faults to speak of (you wouldn't have bought it otherwise), the car wasn't re-inspected by them or you pre-sale and your bargain has gone sour. Hindsight is always 20/20, but warranty was offered and declined so why should they pick up the tab for a spontaneous though spectacular failure?
Are you sure it wasn't running low on oil or you missed it overheating? Throwing a rod is very rare nowadays.

Badger_Lady

Oooo, that's very harsh luck! I'm sorry OP but I think that's all it is - and you will not be entitled to any help

It's no different I suppose from a normal private sale. A few of us have been stung by those (I had to buy a whole new engine due to a similar problem 4 weeks after buying mine!)... the end result is you bought it, it's yours, you deal with it.

One day though... ouch!

pendulum

Tough luck, but I think the buck stops with you. Very unlucky for it to die a day after it officially became yours. It must be hard to accept!

Weird_Nev

Errr, it's been 'your' car for 4 years, it's an unfortunate co-incidence that this happened the day after you paid for it.

I really can't see much happening other than you finding the cheapest way to fix or dispose of your car!

Gloomendoom

I had a similar thing happen to me a few years ago, although it was probably a month after I had bought it. It didn't occur to me to try and get the seller to pay. The dealer quoted me over £5000 to fit a new engine. I bought a low mileage second hand engine from a salvage company and fitted it myself. I think the total cost worked out at around £750 so a worthwhile saving.

LandyAndy

mike123456 wrote: »

Many thanks for the advice, but "The AA doesn't currently provide personal legal advice. If you're looking for personal advice on any matter relating to vehicle use, motoring offences, accidents or disputes with suppliers/garages we recommend contacting your local CAB or other legal adviser in the first instance".

Oh, sorry.:o

Guess you'll have to ask a lawyer then.

I tend to agree that it is not a sale in the motor trade and so safeguards applicable there do not apply here.