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Dealers problem or mine?

  • 04-04-2011 10:34am
    #1
    Registered Users, Registered Users 2 Posts: 1,512 ✭✭✭


    Just bought an 04 Audi A4 on friday from a dealership. No major problems bar the fact that the ABS warning (and ESP but I think they are linked?) lights are coming on after driving for around 5 mins.

    Just wondering are they obliged to fix this issue as when I bought it on friday I was assured everything was in working order. Or will it be a case of caveat emptor as the warantee does not cover electrics?


Comments

  • Posts: 23,339 ✭✭✭✭ [Deleted User]


    A fault that quickly should be there problem really :) Strictly speaking it's not but any reputable crowd would look after you.


  • Registered Users, Registered Users 2 Posts: 2,262 ✭✭✭Vertakill


    If it's a proper dealership and they assured you everything was in working order, and then these problems arose within a couple of days, then they should be held responsible for it.

    If they're selling a sh!tbox, sold-as-seen with no warranty, then it'd be tough luck.

    They probably just wiped the errors prior to you buying it and it took a certain amount of miles to throw them back up again.



    PS. RoverJames, how do you manage to post in EVERY thread on here!?! :o
    Compare both our Join Dates/Posts.. :)


  • Registered Users, Registered Users 2 Posts: 7,401 ✭✭✭Nonoperational


    They should sort that for you.


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    I agree they should but if you're asking whether they must probably not.

    That is presuming you are under standard SIMI warranty (three months) for engine & gearbox only. The fault not relating to either, it is not covered. You may however have a agreed a different warranty - check your paperwork.

    As commented above a decent dealer should however address it for you.


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    They should sort this for you, take it back immediately.
    Let us know what happens.


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  • Registered Users, Registered Users 2 Posts: 2,249 ✭✭✭pippip


    Dealer should fix it.

    Curious, do the lights come on every time after 5mins or is there any random partner to it. And when the warnings come on is it when you hit the brake pedal?


  • Registered Users, Registered Users 2 Posts: 1,747 ✭✭✭mdebets


    Vertakill wrote: »
    If it's a proper dealership and they assured you everything was in working order, and then these problems arose within a couple of days, then they should be held responsible for it.

    If they're selling a sh!tbox, sold-as-seen with no warranty, then it'd be tough luck.
    That's not true. If you buy a car from a car dealer and you are a private buyer, you have the same rights under the Sales of goods and supply of services act as you would have buying a new car.
    As a dealer he can't sell you a car with no warranty.


  • Registered Users, Registered Users 2 Posts: 1,512 ✭✭✭BigDuffman


    Cheers for quick replies! Yeah I havn't noticed a pattern to it yet. Also strangely there is a high pitched continuous beeeeep that has just started to happen! Off to the dealer I go.


  • Posts: 23,339 ✭✭✭✭ [Deleted User]


    Vertakill wrote: »
    PS. RoverJames, how do you manage to post in EVERY thread on here!?! :o
    Compare both our Join Dates/Posts.. :)

    :D

    I keep on getting PMs of encouragement :cool:


  • Registered Users, Registered Users 2 Posts: 2,262 ✭✭✭Vertakill


    mdebets wrote: »
    That's not true. If you buy a car from a car dealer and you are a private buyer, you have the same rights under the Sales of goods and supply of services act as you would have buying a new car.
    As a dealer he can't sell you a car with no warranty.

    I didn't know that. I thought a garage has the ability to sell you a car 'as seen' if it's out of warranty etc.


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  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    The problem as such with the sale of goods act here is that in the context of a used car an issue such as that presented by the OP does not make the car less than of merchantable quality & fit for purpose.

    Things do break on cars, hence the attractiveness of warranty protection.

    There is some window of opportunity to argue that the OP was assured everything was working fine when he bought, but the difficulty then presented is establishing that the fault or whatever it did was present on Friday as opposed to having happened yesterday, Sunday or Saturday.


  • Registered Users, Registered Users 2 Posts: 1,747 ✭✭✭mdebets


    Reloc8 wrote: »
    The problem as such with the sale of goods act here is that in the context of a used car an issue such as that presented by the OP does not make the car less than of merchantable quality & fit for purpose.
    I think this depends. The car needs to be of merchantable quality & fit for purpose for a 7 year old car, not a brand new one.
    If the same fault would have happened on a brand new car, the dealer would have to have this fixed under the customer's statuatory rights without any question.
    For the 7 year old car it depends. If this is a fault that normaly happens only after 10 years, I would think it would fall under the warranty. If it something that normally happens after 7 years, it's more tricky. It might be something that is normally catched during the 7th yearly service, the liability of the dealer might depend on if he sold it before or after this service (and if he stated that to the customer). If it is something that is normally not caught during the service, the dealer might not be liable, as the fault would have been expected of a 7 year old car.
    But that's just my own opinion and IANAL


  • Registered Users, Registered Users 2 Posts: 2,249 ✭✭✭pippip


    Not sure of the noise but the light coming on could just be the brake pedal sensor, a few euro for new part and DIY fitting. Does it reset once the car is restarted?

    Let us know dealer response.


  • Closed Accounts Posts: 642 ✭✭✭viper006


    hi,

    i was actually about to start a thread on this myself. i bought a 04 car with 80k on sat and having problems alreadys starting her up in the morning.

    was assured car if perfect nick and test drove a few times and no issues to see. car also comes with a 6 month warranty from a crowd called car protect.ie. wondering does any1 have experience with them?

    thing is if car keeps having trouble i want the dealer to pay for it for issues..also they advertised the car as 76k miles when it actually had nearly 80k. a full lexus service is due on 81k so im annoyed that il have to fork out 300-400e so soon..surely i have recourse there as the mileage falsely advertised.its even written on contract car is 76k..any tips on wat i should do?

    any


  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    viper006 wrote: »
    hi,

    i was actually about to start a thread on this myself. i bought a 04 car with 80k on sat and having problems alreadys starting her up in the morning.

    was assured car if perfect nick and test drove a few times and no issues to see. car also comes with a 6 month warranty from a crowd called car protect.ie. wondering does any1 have experience with them?

    thing is if car keeps having trouble i want the dealer to pay for it for issues..also they advertised the car as 76k miles when it actually had nearly 80k. a full lexus service is due on 81k so im annoyed that il have to fork out 300-400e so soon..surely i have recourse there as the mileage falsely advertised.its even written on contract car is 76k..any tips on wat i should do?

    any

    Whatever about the issues you ar having, you must be having a laugh over the mileage issue. You saw the car, test drove etc I presume. If you didnt take note of the mileage and factor the required service into the deal, then Im afraid you were alittle caught out IMO. Its not at all unusual for a garage to be advertising a slightly reduced mileage like this


  • Registered Users, Registered Users 2 Posts: 7,401 ✭✭✭Nonoperational


    Surely the car should have been serviced prior to sale? If I had a car 2 days and was having problems I know where I'd be going. And it wouldn't be to carprotect.ie. You've had the car 2 days. The vast majority of dealers would sort you out.


  • Closed Accounts Posts: 6 tyretec


    I'm nearly sure if you by a car paying over 3k the seller has to stand by it for 3 months ..


  • Registered Users, Registered Users 2 Posts: 1,512 ✭✭✭BigDuffman


    I dropped out to the dealer and he said he would look after it, he replaced a bulb FOC that he thought may have been causing the problems. Turns out that it didn't so waiting to hear back tomorrow. But he seems willing to fix it. I think due to the fact that I rang back next working day that he has no choice but to be helpfull!


  • Closed Accounts Posts: 642 ✭✭✭viper006


    mickdw wrote: »
    Whatever about the issues you ar having, you must be having a laugh over the mileage issue. You saw the car, test drove etc I presume. If you didnt take note of the mileage and factor the required service into the deal, then Im afraid you were alittle caught out IMO. Its not at all unusual for a garage to be advertising a slightly reduced mileage like this

    mick im not joking at all about the mileage issue at all but i freely admit i could have addressed this myself but i should not have too as car should be sold as described. car was advertised at 76k and they kept saying it was 76k and cartell.ie check didnt bring back any red flags when i input that mileage in.you cant read the mileage by looking at dials in this car..you must select an menu option to view it..by default your mpg was showing at teh time so to be honest it slipped my mind as was viewing other parts of car and we were haggling over the price of new alloys on the car so as stupid as it sounds i forgot to check it on car itself.i believed them as have never been lied too about mileage before though i think it was an honest mistake. either way im 4k miles closer to a full service than i should be so im going to at least try to gets the place to go 50/50 on service.

    the car has a full service history from dealer and was routinely serviced before i bought it so looks and its 95% running perfect but its slow to start in the mornings..maybe a new battery might do the trick. its a beauty of a car but little teething problems like this are always annoying. dealer always answered my calls when enquiring about car and suddenly very hard to get a hold of him not i need something from him.


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