returning a faulty car

stranger12

Hi All,

I have bought an imported car from a dealer which was imported in 2013.

All looks well but think the engine may have a problem .

last night did a compression test and it did not return anything sinister but engine is weak on power and I am investigating it .

The guys said while they do not provide any guarantee as it is imported they do however will accept return to fix if any issues.

if I find the car to have a problem and he changes his mind , what options do I have ?

I know by trading standard etc if I can proof that the issue was there, I can win all costs for repair or return the car, am I correct ?

I have taken print screen of all pages the car was advertised on showing none of them says anything about the engine or something being faulty .

many thanks

macman

Without any manufacturer or dealer warranty, your rights are limited to those available to you against the retailer under SOGA. After 6 months, the onus is on you to prove that the fault existed at the time of sale-if you can prove that, you have a potential claim. The retailer can refund, repair or replace at their discretion: you have no automatic right to a return and refund.
But, since the dealer has already agreed to repair it (apparently on a goodwill basis), the issue does not arise. If upon inspection he declines to do so, then your only option is a civil claim under SOGA, and for which you would have to fund the cost of an engineer's report in support of your claim.
So the key question here is; how long ago did you buy the car? If within 6 months, the onus is on the dealer to prove that the fault was not pre-existing.

burlington6

stranger12 wrote: »

Hi All,

I have bought an imported car from a dealer which was imported in 2013.

All looks well but think the engine may have a problem .

last night did a compression test and it did not return anything sinister but engine is weak on power and I am investigating it .

The guys said while they do not provide any guarantee as it is imported they do however will accept return to fix if any issues.

if I find the car to have a problem and he changes his mind , what options do I have ?

I know by trading standard etc if I can proof that the issue was there, I can win all costs for repair or return the car, am I correct ?

I have taken print screen of all pages the car was advertised on showing none of them says anything about the engine or something being faulty .

many thanks

Not quite as simple as that

motorguy

stranger12 wrote: »

Hi All,

I have bought an imported car from a dealer which was imported in 2013.

All looks well but think the engine may have a problem .

last night did a compression test and it did not return anything sinister but engine is weak on power and I am investigating it .

The guys said while they do not provide any guarantee as it is imported they do however will accept return to fix if any issues.

if I find the car to have a problem and he changes his mind , what options do I have ?

I know by trading standard etc if I can proof that the issue was there, I can win all costs for repair or return the car, am I correct ?

I have taken print screen of all pages the car was advertised on showing none of them says anything about the engine or something being faulty .

many thanks

You shouldnt be tampering with the car - its not up to you to diagnose the fault.

Return it to the dealer and let him have a look.

stranger12

4 days ago.

I have done all mechanics for the past 10 years on my cars , you name it I have so I am fairly ok knowledge wise but of crouse if issues arises will take it to a qualified mechanic to certify .

if the fault is there and it is not something that can happen over night I guess I have a case.

laidbackgjr

motorguy wrote: »

You shouldnt be tampering with the car - its not up to you to diagnose the fault.

Return it to the dealer and let him have a look.

This - by tampering with the car you give the dealer the opportunity to say that you created the fault by not doing something correctly (regardless of whether you did or not). If there is a fault take the car back to be fixed, if there isn't get on with enjoying the car.

motorguy

stranger12 wrote: »

4 days ago.

I have done all mechanics for the past 10 years on my cars , you name it I have so I am fairly ok knowledge wise but of crouse if issues arises will take it to a qualified mechanic to certify .

if the fault is there and it is not something that can happen over night I guess I have a case.

Thats irrelevant - you have to give the dealer the opportunity to inspect the car and diagnose the problem.

Its not up to you to give him a diagnosis, and by tampering with the car, you are giving him a potential get out clause.

If its a FAULT, then the dealer has to prove it was not there at the time of sale.

If you've only owned it for 4 days, then its extremely likely - to the point of no debate - that it was there at the time of sale.

burlington6

Home ''know it all mechanic'' (probably works in an office) tampers with something, breaks it and tries to blame the dealer

macman

Begs the question of why anyone would buy an import with no warranty whatsoever and then be reliant on dealer goodwill or SOGA to resolve any problems without cost.
OP, if you bought it 4 days ago then you are in a much stronger position as described above, but you can't return the car, or expect the dealer to pay the cost of a 3rd party repair. As already explained, if they accept that the fault is pre-existing, then they can repair, replace or refund. Their choice, not yours.

stranger12

many thanks. If no issues but had something coming up later 2 month down the line, would I still have the same position if I take them to court assuming they refuse the claim ?

motorguy

stranger12 wrote: »

many thanks. If no issues but had something coming up later 2 month down the line, would I still have the same position if I take them to court assuming they refuse the claim ?

what age is the car?

Depending on the age, a problem down the line could be wear and tear. As such then it wouldnt be covered under the SOGA, as it only covers FAULTS.

It would still be up to the dealer to prove the fault was not there at the time of sale, however after two months he could simply say that you had two months driving without the fault, therefore it couldnt have been there at the time of sale.