sold as a 4x4 but missing propshaft do i have a claim?

Sophsters1982

Hi, back in March we bought a Kia Sorento xt 4x4 2006 model from a dealer down in wales and have not had any problems with it until now. It was looked over today by a mechanic who noticed that the front prop shaft is missing which basically renders it a 2 wheel drive. Theres nothing in the full service history (all but the last 2 services were done by KIA) about it, and all the listings selling the car advertised it as a 4x4, do i have any claim here? thanks

Tilt

The car must be as described so yes you do but you may of had to complain within 6 months of ownership. After which you MAY be deemed to have accepted the car.

I think you need face to face legal advice on this one.

Sophsters1982

Thanks tilt, ive been reading up on the sale of goods act and it seems that after 6 months you can no longer return for a refund but i could be entitled to repair or partial refund, but id have to possibly have evidence that the part was missing from when we bought it which will be near impossible to do.

Do you know if CAB would be able to help? i will be calling the dealer tomorrow to see what he says

Tilt

Sophsters1982 wrote: »

Thanks tilt, ive been reading up on the sale of goods act and it seems that after 6 months you can no longer return for a refund but i could be entitled to repair or partial refund, but id have to possibly have evidence that the part was missing from when we bought it which will be near impossible to do.

Do you know if CAB would be able to help? i will be calling the dealer tomorrow to see what he says

Well you need to go through them to get to trading standards for advice so they're probably your best bet. I would speak to them BEFORE speaking to the dealer so you will know where you stand.

I think the after the "six month rule" passes, simply means that the onus shifts from the seller to the consumer to prove the "fault" was present at the point of sale so it dosn't necessarily mean you not in with a shout.

wealdroam

Sophsters1982 wrote: »

Thanks tilt, ive been reading up on the sale of goods act and it seems that after 6 months you can no longer return for a refund but i could be entitled to repair or partial refund, but id have to possibly have evidence that the part was missing from when we bought it which will be near impossible to do.

Do you know if CAB would be able to help? i will be calling the dealer tomorrow to see what he says

Surely the CAB would only be able to help by explaining your options.

You have a short time after purchase during which time you can reject the vehicle as not conforming to contract. After this (undefined) time you will heve been deemed to have accepted the vehicle. In my opinion, the vehicle has been accepted, simply because you have not rejected it.

If you had pointed out the issue during the first six months, it would be for the seller to prove that the propshaft was in place at the time of the sale. Unfortunately, after six months have passed the onus shifts and, as you say, it is for the buyer to prove the fault existed at the time of the sale.

Of course you could perhaps source the missing part yourself and have it fitted, but I wonder why the thing is missing? Is it missing because the front transmission is faulty, and removing the prop hides that fault?

Not sure what you can do now. Sorry.

Sophsters1982

wealdroam wrote: »

Surely the CAB would only be able to help by explaining your options.

You have a short time after purchase during which time you can reject the vehicle as not conforming to contract. After this (undefined) time you will heve been deemed to have accepted the vehicle. In my opinion, the vehicle has been accepted, simply because you have not rejected it.

If you had pointed out the issue during the first six months, it would be for the seller to prove that the propshaft was in place at the time of the sale. Unfortunately, after six months have passed the onus shifts and, as you say, it is for the buyer to prove the fault existed at the time of the sale.

Of course you could perhaps source the missing part yourself and have it fitted, but I wonder why the thing is missing? Is it missing because the front transmission is faulty, and removing the prop hides that fault?

Not sure what you can do now. Sorry.

This our worry wealdroam, unless it was just damaged and not bothered to be replaced. i think i was told that you would only be able to check the front transmission works by fitting the prop shaft and not before? It certainly makes me worry, my other half is looking into replacement parts just now.
say the dealer agreed to pay to have the part put in, and the transmission was found to be faulty i suppose he could decline to pay that instead

Herzlos

After that long you might also have difficulty it was like that on sale. But it's very hard to test that all 4 wheels are driven on a test drive.

Could be it was just damaged and removed to boost the fuel economy? In any case it'd probably be cheaper to fit a replacement part and fix any defects than it would be to sell the car as a rwd and buy another.

bigjl

I looked at buying a Sorento a few months ago and this is not unusual according to the forums (propshaft being removed).

I doubt the 6 month limit would apply surely? As clearly the selling dealer knew it was missing or indeed bought a faulty Sorento and removed it to get it sold.

From the little bit of research I did the repair is not cheap.

Sophsters1982

bigjl wrote: »

I looked at buying a Sorento a few months ago and this is not unusual according to the forums (propshaft being removed).

I doubt the 6 month limit would apply surely? As clearly the selling dealer knew it was missing or indeed bought a faulty Sorento and removed it to get it sold.

From the little bit of research I did the repair is not cheap.

Its a shame its only a week or two over the 6 month period since we bought it, but like you say the dealer would have know the propshaft was missing or removed it themselves therefore they mis sold the vechicle as a 4x4. we have a few different listings of the car as proof, but obviously dont have proof the car was bought without the propshaft so its that im worrying about

forgotmyname

When i spotted the title i thought freelander.

The issue is that the previous owner may have removed it to save fuel or maybe there is a problem?

A shaft can be bought for £10 - £40 on ebay, maybe worth fitting one and then decide if its worth chasing the seller.

arcon5

You don't buy a 4wd then remove the propshaft for economy. More like the rear transfer box has jammed up so it was removed to avoid spending money making it a fwd.
Go back to the dealer. It gets complicated if they say it was fine when sold otherwise you should have rights.