Q: I bought a secondhand car from a dealer a few weeks ago. My old car was drivable, but only just. It had failed the NCT, was almost 15 years old, and had high mileage. I got a great trade in price from the dealer, which I was delighted with. They had a good look over my old car and gave me a one-year warranty for the new one. My new vehicle has unfortunately developed some minor issues, and the dealer is now saying that the trade-in was worthless and they aren’t going to honour the warranty. Can I do anything?
Dear Reader,
The first thing to note is that the warranty offered to you is a binding contract. ‘Consumables’, such as tyres, brake pads, or wipers, often would not be covered. Whether or not the minor issues you complain about are covered under the warranty would depend on the exact wording of the warranty.
Vehicles are also covered by the Sale of Goods Acts. If the vehicle was not fit for purpose or reasonably durable, you would be entitled to a repair or refund. It does not sound like the car is not functional, merely that there are smaller issues.
Were these issues disclosed to you on sale? If the dealer pointed out that, say, there was a scratch or an issue with the car radio, those disclosed issues would generally not be covered by the warranty. If they assured you that there were no problems with the vehicle whatsoever, you are entitled to rely on that promise.
When it comes to the vehicle you traded in, if the dealer had the opportunity to inspect the vehicle, they cannot not renege on that figure. They are a professional body and as such are not covered by any of the Sale of Goods Acts. If they failed to do their own checks, that is a matter for themselves. You would not be under any obligation to actively disclose defects to them, but you would not be entitled to mislead them. If you did mis-state something regarding the condition of the car, that might well cause a difficulty.
You, or your solicitor, should revert to the garage to set out the position. If they fail to honour the warranty, you can try and have the vehicle repaired by a third party and then sue the dealer. Depending on the cost of the repairs, this may not be financially sensible when you factor in the cost of litigation.
If the garage does not revert to you in a reasonable timeframe, you should consider writing to the SIMI, the motor dealers association, to lodge a complaint.
It would be important that the matter should not be left idle for too long. You would be strongly advised to speak to your solicitor.
