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VW Golf breaking down on way home from dealer

  • 15-07-2008 11:08pm
    #1
    sambocrowley
    Closed Accounts Posts: 1 ✭


    I know this is a little off topic but I just bought a 01 VW Golf today from a VW dealer and it was an "as is" sale. The bloomin thing died on the way home. Any idea where I stand legally considering the dealer said there was no warranty and claimed he didn't even have to provide 3 months engine and gearbox which I thought was obligatory.

    Any advice?


Comments

  • #2
    stepbar
    Closed Accounts Posts: 6,123 ✭✭✭stepbar


    sambocrowley wrote: »
    I know this is a little off topic but I just bought a 01 VW Golf today from a VW dealer and it was an "as is" sale. The bloomin thing died on the way home. Any idea where I stand legally considering the dealer said there was no warranty and claimed he didn't even have to provide 3 months engine and gearbox which I thought was obligatory.

    Any advice?

    You should have ran. But what bugs me is how can dealers get away with this sort of behaviour? How in ever, you too must accept some sort of responcibility. Buyer beware and all that melarky.


  • #3
    Volvoboy
    Closed Accounts Posts: 2,479 ✭✭✭Volvoboy


    sambocrowley wrote: »
    I know this is a little off topic but I just bought a 01 VW Golf today from a VW dealer and it was an "as is" sale. The bloomin thing died on the way home. Any idea where I stand legally considering the dealer said there was no warranty and claimed he didn't even have to provide 3 months engine and gearbox which I thought was obligatory.

    Any advice?

    Wow thats bad form, especally from a VW dealer.

    The ''as is'' part that you mentioned is the dealer washing his hands of the car as soon as he placed the keys in your hands.


  • #4
    peasant
    Registered Users Posts: 17,819 ✭✭✭✭peasant


    new thread created


  • #5
    Tenzor07
    Registered Users Posts: 8,402 ✭✭✭Tenzor07


    So you didnt get the car checked by the AA or a Mechanic before handing over the cash?? :confused:


  • #6
    peasant
    Registered Users Posts: 17,819 ✭✭✭✭peasant


    I don't think that an "as is " sale allows a car dealer to completly wash his hands of a vehicle.

    There is something in consumer rights about the item being of merchandable quality.

    In my opinion, as far as a car is concerned that means that it has to drive and be roadworthy. There may be scratches, windows not working, torn seats and that kind of stuff that could fall under the "sold as is" rule. But the car breaking down on the way home shouldn't.

    Contact your nearest consumer advice office for more informed advice than my opinion.


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  • #7
    NiSmO
    Closed Accounts Posts: 1,670 ✭✭✭NiSmO


    This post has been deleted.


  • #8
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,615 Mod ✭✭✭✭Henry Ford III


    NiSmO wrote: »
    This post has been deleted.

    Yep. It was cheap for a reason.


  • #9
    christy c
    Registered Users Posts: 2,193 ✭✭✭christy c


    The person was right about the goods having to be of merchantable quality, this is under the sale of goods and suppply of services act 1980. You are still covered by the law but not by a warranty, mention the above law to the dealer and see what he says.


  • #10
    Ferris
    Registered Users Posts: 2,280 ✭✭✭Ferris


    Have you contacted the dealer to ask if he will fix it yet? That would be the first step imo. From this point on however record and document any communication with the dealer. If he doesn't play ball then contact the consumer rights agency, the SIMI and, if necessary, your solicitor. If its a 1.4 golf your best bet is to hand it back if possible, as the engines in these are quite unreliable.


  • #11
    MarkR
    Moderators, Regional Midwest Moderators Posts: 11,045 Mod ✭✭✭✭MarkR


    Is he a proper registered dealer, or some guy selling from the side of the road?


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  • #12
    -Chris-
    Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    I don't understand why you think you have any grounds for recourse!

    What did you think "as is" meant?
    Do you think it means different things from a car dealer than it does from your personal definition?
    Did you pay less for the car than you would have if it had warranty/aftersales support?

    If someone sells a car "as is", it usually means there's something about that car that they don't like the look of (some sort of potential or actual issue), and if someone agrees to buy a car "as is", it usually means they have the confidence in their expertise/connections /remaining budget to fix any problem.

    Get it fixed, move on.


  • #13
    ronnie3585
    Registered Users Posts: 6,675 ✭✭✭ronnie3585


    christy c wrote: »
    The person was right about the goods having to be of merchantable quality, this is under the sale of goods and suppply of services act 1980. You are still covered by the law but not by a warranty, mention the above law to the dealer and see what he says.

    As above, warranties are given only as an aside to your Statutory rights. The dealer owed you a duty to provide the car in good merchantable quality and fit for the purpose it was designed [obviously it was not], of the top of my head I think it's section 12 or 14 of the SOGSOS Act. Put that to the dealer in writing [put everything on the record], if no joy then it's time to go to your solicitor.


  • #14
    Climate Expert
    Closed Accounts Posts: 1,393 ✭✭✭Climate Expert


    ronnie3585 wrote: »
    As above, warranties are given only as an aside to your Statutory rights. The dealer owed you a duty to provide the car in good merchantable quality and fit for the purpose it was designed [obviously it was not], of the top of my head I think it's section 12 or 14 of the SOGSOS Act. Put that to the dealer in writing [put everything on the record], if no joy then it's time to go to your solicitor.
    So what If a business wants to sell a non functioning crashed car? Sale of goods act cannot apply.


  • #15
    -Chris-
    Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    And I'm pretty sure that the price you pay correlates strongly to the expectations you can have for the product - if it's significanly lower than market price, you can't have the same expectations of reliability or suitability for purpose.


  • #16
    Toots
    Administrators, Business & Finance Moderators, Society & Culture Moderators Posts: 16,905 Admin ✭✭✭✭✭Toots


    Get an AA mechanic or similar to examine the car and see what is wrong with it, then give the National Consumer Agency a ring 1890 432 432. They're really helpful, I had to get on to them when I had problems with my car (which I had a problem with, while it was under warranty) and they gave me the advice I needed to get it sorted without having to get a solicitor involved. The only thing is that they told me things can get quite complicated with 2nd hand cars, cos even if you have a warranty, it more than likely won't cover 'wear and tear'. You bought the car 'as is' so I would imagine you would have very limited recourse. TBH, I'd never buy a car 'as is' or from a private seller for this very reason. I'd get one that comes with a written warranty, cos honestly I'd prefer to pay a bit more for peace of mind.

    I know under the Consumer Protection laws, the goods have to be of merchantable quality, fit for purpose etc, but I'm really not sure what way this will be applied to your situation. As I said, give the NCA a ring and see what they say. Hopefully something can be done for you.

    EDIT: Depending on what the NCA say, contacting the SIMI may be a good idea. You will need to do it in writing, the form can be obtained here. They cannot force the dealer to do anything for you, but will act as a mediator. If the dealer won't do anything for you, then you can take legal action, but you may not be successful, and the whole thing may end up costing you more than it cost to buy the car and carry out any repairs to it. It is also worth noting the following point on the SIMI website:
    1) A COMPLAINT WHICH HAS BEEN REFERRED TO A SOLICITOR OR IS THE SUBJECT OF A MANUFACTURER'S WARRANTY CLAIM (NEW VEHICLE), IS OUTSIDE THE SCOPE OF THE SIMI INVESTIGATION AND COMPLAINTS SERVICE
    2) YOU SHOULD CONTACT SENIOR MANAGEMENT OF THE COMPANY PRIOR TO SUBMITTING A FORMAL COMPLAINT TO SIMI

    so it would be worth seeing if mediation makes any progress before getting a solicitor involved.


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