How many chances does a dealer need to repair a fault before I can take it elsewhere?

HarassedGranda

I've recently bought a used car from a dealer which had a cracked exhaust manifold. I like the car and apart from this fault it's just what I'm after so want to keep it as long as it's fully repaired.

I returned the car less than a week after buying it, during this time the fault came to light. It's a well known fault with this model of car and the correct fix is an updated part which the manufacturers replaced under warranty up to 7 years old, unfortunately my car is now 10 year old.

The dealer I bought the car off refuses to fit the new updated part and insists on trying to repair the old part by welding it up, it may work, it may not.

My question is, If it's not repaired satisfactory the first time, could I take the car elsewhere to be repaired and claim the cost of repairs from the seller. As the fault is a leaking exhaust system it renders the car unroadworthy as potentially deadly fumes are being drawn into the cabin.

sh0597

Your best bet is to try and broker a partial refund in order to partly cover the repair you want.

forgotmyname

You need to give them the chance to repair it. Taking it elsewhere will so you paying for it yourself. Little chance of claiming that money back.

Its a 10 year old car so guessing the new part costs a fair proportion of the cars value.

sh0597

You don't have to agree to them repairing it. You get to choose so long as there is not a significant difference in cost. Therefore you are entitled to a partial refund equal to the cost of the welding repair, which you can put towards the new part.

HarassedGranda

sh0597 wrote: »

You don't have to agree to them repairing it. You get to choose so long as there is not a significant difference in cost. Therefore you are entitled to a partial refund equal to the cost of the welding repair, which you can put towards the new part.

They are in the process of trying to repair it now but I'm not convinced the repair will be a success, I hope I'm wrong and it turns out OK, but I know from experience that welding cast manifolds is a bit hit and miss at times.

If this repair fails, what are my options after that?

Thanks.

sh0597

HarassedGranda wrote: »

They are in the process of trying to repair it now but I'm not convinced the repair will be a success, I hope I'm wrong and it turns out OK, but I know from experience that welding cast manifolds is a bit hit and miss at times.

If this repair fails, what are my options after that?

Thanks.

I'm not an expert, I'm simply going by what is written in the SOGA, and what I've read from a few motoring sites and a bit of case law.


I don't think there is anything specifically that sets a limit on the number of times a repair can be attempted other than the seller is supposed to be putting you to no disadvantage, you should be getting a courtesy car if it is a long repair although you've agreed to the repair now.


If the repair fails then you can either let them try again or agree a partial refund, it doesn't really change their obligations.


The other thing to consider is their repair probably doesn't have to last very long for them to fulfil their obligations under SOGA, considering the car is 10 years old.

Strider590

HarassedGranda wrote: »

As the fault is a leaking exhaust system it renders the car unroadworthy as potentially deadly fumes are being drawn into the cabin.

A slight exaggeration I think, the exhaust on my kitcar exits next to the passengers arm and the exhaust fumes from a 35yr old engine (which no emissions control) haven't killed anyone yet.

However if leaking then it should not pass an MOT, did the dealer supply a new MOT?
I'm betting they did, in which case they'd be stupid not to sort out this repair properly because they'll get into big trouble for falsifying an MOT (which most dealers seem to do anyway).

Master_Blaster

Strider590 wrote: »

A slight exaggeration I think, the exhaust on my kitcar exits next to the passengers arm and the exhaust fumes from a 35yr old engine (which no emissions control) haven't killed anyone yet.

However if leaking then it should not pass an MOT, did the dealer supply a new MOT?
I'm betting they did, in which case they'd be stupid not to sort out this repair properly because they'll get into big trouble for falsifying an MOT (which most dealers seem to do anyway).

Wow, that is a big claim to make. Can you back that up?

HarassedGranda

Strider590 wrote: »

A slight exaggeration I think, the exhaust on my kitcar exits next to the passengers arm and the exhaust fumes from a 35yr old engine (which no emissions control) haven't killed anyone yet.

However if leaking then it should not pass an MOT, did the dealer supply a new MOT?
I'm betting they did, in which case they'd be stupid not to sort out this repair properly because they'll get into big trouble for falsifying an MOT (which most dealers seem to do anyway).

If you think exhaust fumes aren't potentially lethal then perhaps a quick google on the subject may help.

What I need to know is, What are my rights should the car come back with the fault not fixed, do I HAVE to give it back to the dealer for repair, or am I legally entitled to get it fixed elsewhere?

Thanks.

Strider590

HarassedGranda wrote: »

If you think exhaust fumes aren't potentially lethal then perhaps a quick google on the subject may help.

What I need to know is, What are my rights should the car come back with the fault not fixed, do I HAVE to give it back to the dealer for repair, or am I legally entitled to get it fixed elsewhere?

Thanks.

Exhaust fumes, lethal perhaps if you shove a hose up your tail pipe, route it back into the car and sit their reading a book for half an hour. Will cause a mild (at most) headache IF your sat in traffic for long enough, IF you have the blower running.
The air into the cabin comes from the windscreen scuttle, not the engine bay, the exhaust manifold is under the bonnet, so your more likely to get exhaust gas from the car in front of you, than your own leaking manifold.
I'm not playing down the seriousness of the problem, i'm merely pointing out that going in there stating that it's potentially lethal is not going to make them take you seriously.


Well, of course it'll come back fixed, one way or another.
The question really is whether your capable of judging the permanency of the repair.

BeenThroughItAll

If it's a cast-iron manifold, welding it is going to be bloody difficult anyway. It's not impossible, but it's far from easy and most backstreet garages probably won't know how.

Cast-iron can be 'stitched' but that's an expensive process as there's not that many people who know how to do it.