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Fault on used car from dealer

Hello

I bought a used car from a dealer who is over a hundred miles from my home. They offered a one month warranty with the vehicle and when I pointed out the distance from me they said I could obtain a local quote for any repair work and submit it to them and if they agreed it I could get any faults repaired locally.

When I first went to view the car I noticed the driver side Michelin tyre was down and informed the salesman and he agreed to get it fixed by the following week when I collected the car.

I collected the car and drove it home without any problems. However three weeks into the four week warranty I noticed that the same tyre was well down. I pumped it back up and checked the pressure. After a few days I checked it again and it was going down so I contacted the dealer and they asked me to obtain a quote at the local garage for the work. The local garage took the tyre off and found it was cracking inside which was letting the air out slowly and they fitted the spare for me and gave me a quote for a like for like replacement (i.e. a Michelin tyre). I forwarded the quote to the dealer and they came back to say they were only willing to pay 50% of the quote as they could fix it cheaper at their place.

I refused and said that I should not have to pay towards a fault that I pointed out when I bought the car - he said he would check and get back to me.

In the meantime I got some more quotes and one was only £30 more than they were offering me so when he called back I asked him to check if this was feasible. But they were not willing to budge.

I know I can get a budget tyre for the money they are offering but surely as they sold me a car with a Michelin tyre on it should be replaced with a Michelin tyre?

How do I stand legally here?

Thanks

Comments

  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Whats the cars age and mileage?

    Legally, if the damage can be apportioned as wear and tear you are entitled to nothing (unless the warranty provides extra protection). If it was brand new or advertised as having brand new tyres then it would be completely different.

    If the warranty covers tyres and such you could be contractually entitled to some something - but warranties rarely cover wear and tear, usually just mechanical faults.
  • Geodark
    Geodark Posts: 1,049 Forumite
    Part of the Furniture 1,000 Posts
    arcon5 wrote: »
    Whats the cars age and mileage?

    Legally, if the damage can be apportioned as wear and tear you are entitled to nothing (unless the warranty provides extra protection). If it was brand new or advertised as having brand new tyres then it would be completely different.

    If the warranty covers tyres and such you could be contractually entitled to some something - but warranties rarely cover wear and tear, usually just mechanical faults.

    This isnt a warranty issue - from what I can gather the buyer pointed out the tyre issue *before* agreeing to buy the car and was told it would be fixed - and it wasnt.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    OP, I would be inclined to accept their offer.

    Keep in mind how much would it cost you to take the vehicle back to the dealer for repair.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Geodark wrote: »
    This isnt a warranty issue - from what I can gather the buyer pointed out the tyre issue *before* agreeing to buy the car and was told it would be fixed - and it wasnt.

    Ah yes, seems I overlooked that bit. That's fair enough. I'd be inclined to accept their offer anyway due to the hassle/value aspect - but yes, I would agree they should really front the cost, even if that involved a part-worn tyre to replace it like for like.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Geodark wrote: »
    This isnt a warranty issue - from what I can gather the buyer pointed out the tyre issue *before* agreeing to buy the car and was told it would be fixed - and it wasnt.

    There's nothing to say that the issue wasn't fixed but something on the 100 mile trip home caused new damage leading to a puncture, especially when it then took a further three weeks for the puncture to become apparent but after refilling the tyre this time it became apparent within a few days. That does sound more like something on the 100 mile trip or in the following three weeks has caused it.

    OP do you know what work was carried out by the dealer? Did they just re-inflate the tyre or did they fix a puncture?
  • ILW
    ILW Posts: 18,333 Forumite
    You need to base the deal on the cost of a second hand Michelin. Which would probably only be around a tenner.
  • browndog289
    browndog289 Posts: 10 Forumite
    Hello

    Thanks for all your replies. I don't think it happened on the journey home or since. I would say the cracking inside the tyre was the original issue all along and the dealer just reinflated the tyre and hoped for the best.

    I have gone back to their manager to see what he is prepared to do but after paying full list price for the car (they wouldn't budge on the price) I am loathed to pay out any more. I'll let you know how I get on!
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