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Car needs new engine 1 day after i bought it!

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Comments

  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    It all really hinges on whether you are a consumer and the leasing company is a business.

    Certainly the leasing company is a business and, assuming you bought it in a personal rather than business capacity, then I’d say you are a consumer in which case normal sale of Goods rules apply and they are obliged to repair or refund at no cost to you.
  • Gloomendoom
    Gloomendoom Posts: 16,551 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    OP do you have legal expenses cover with your car insurance? Many policies also include legal advice on any topic, not just motoring.
  • 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.

    Was it a private sale? If so, you'd have had no come back anyway.
  • TrickyWicky
    TrickyWicky Posts: 4,025 Forumite
    edited 9 December 2011 at 4:31PM
    Hammyman wrote: »
    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.

    Yes but we don't know for sure thats happened here. You know what some garages are like they'll worst case scenario it.

    Of course it would help if the op told us what car it is..
  • JQ.
    JQ. Posts: 1,919 Forumite
    vaio wrote: »
    It all really hinges on whether you are a consumer and the leasing company is a business.

    Certainly the leasing company is a business and, assuming you bought it in a personal rather than business capacity, then I’d say you are a consumer in which case normal sale of Goods rules apply and they are obliged to repair or refund at no cost to you.

    For that to apply, does the business need to be a car trading business?

    ie, if I bought a Mini off a firm of Estate Agents as I happened to know the manager of a branch who were about to send their stock to auction would the Sale of Goods act apply?
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Not 100% sure about your example, I suspect not but might be wrong

    Different for a car leasing company, their core business is buying, leasing/hiring and then selling cars so I can’t see anyway they could avoid being a business seller and equally, if they sell to members of the general public rather than exclusively to traders/auction, then I can’t see how they can avoid their sale of goods liabilities.
  • vax2002
    vax2002 Posts: 7,187 Forumite
    For 7k down the swanny, £150 to have the contract translated in to English and read and your actual legal position explained would be money well spent.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    And also, the fact that the OP has been hiring the car for the last few years makes no difference.

    OP………whilst I’m pretty sure you will be OK under Sale of Goods another avenue to explore might be a good will payout from the manufacturer.

    Catastrophic engine failure after less than four years/60k miles with FSH should certainly qualify for a significant if not total goodwill payout from the manufacturer, apart from anything else I’d have thought their quality control department would want to get their hands on the wreckage for examination.

    Also worth googling to see if others have had the same issues
  • Muscle750
    Muscle750 Posts: 1,075 Forumite
    what make of car is it ?
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    vax2002 wrote: »
    For 7k down the swanny, £150 to have the contract translated in to English and read and your actual legal position explained would be money well spent.

    Yep, but assuming the OP didn’t buy the car as a business then really it doesn’t matter what the contract says as Sale of Goods applies and anything in the contract that purports to limit or remove Sale of Goods rights is automatically unfair and can’t be enforced (as acknowledged by 4.2.2 in the bit the OP posted).
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