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used car warranty - what are my rights?

  • 22-08-2011 12:32pm
    #1
    Registered Users, Registered Users 2 Posts: 3,111 ✭✭✭


    Hi

    My sister is currently in the process of maybe buying a car for herself.

    She went and viewed it last night with her boyfriend.

    She didn't take it for a test drive as it was too awkward to get out of the lot (!!!???!!!)

    The car is 3500 and she gave a deposit of €1000 (too much, no?)

    Anyway, as she was leaving, the guy selling it to her said "Now are you okay with it, is the gear box ok?"

    She's nervous about him having said this to her. I agree its a bit of a weird thing to say to somebody, but then again I wasn't there and I don't know how the conversation had been going until that point.

    He could have just been making conversation, he could have found it odd (understandably) that she didn't take it for a test drive. It's unlikely a dealer is going to point out a flaw in a car he's selling, right?

    Now she did ask him for a warranty on the car (its a 2004, Peugeot 206) but he told her that for a 3 month warranty on a car "of this class" as he put it, it would be an extra 350€.

    She has already paid out the 1000 in a deposit which is non-refundable. However, a friend of a friend has now told her that she is legally entitled to a warranty. Just wondering about this. Is it a case of she is of course by law entitled to a warranty, but nowhere does it state that a garage can't charge extra for said warranty or is it assumed that a 3 month warranty is included in the sale price of a vehicle?

    By asking her if the gear box is "ok", is this a legal loophole for him to claim he didn't know there was anything wrong with it and therefore wasn't lying to her at the time of the sale?

    Thanks
    P


Comments

  • Registered Users, Registered Users 2 Posts: 1,308 ✭✭✭Ricardo G


    2004 car and she has to pay extra for a warranty ?? Nonsense.
    It sounds like he is chancing his arm tbh, i'd insist on the 3 month warranty and ask for details on what exactly it covers. Get it written on paper and signed/dated by the garage.
    This guy sounds very suspicious, you're sister should have driven the car and had it inspected prior to handing over the deposit


  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    She bought a car and left a non refundable deposit without actually driving it? Bleedin' Nora! :confused:


  • Registered Users, Registered Users 2 Posts: 3,111 ✭✭✭peanuthead


    Ricardo G wrote: »
    2004 car and she has to pay extra for a warranty ?? Nonsense.
    It sounds like he is chancing his arm tbh, i'd insist on the 3 month warranty and ask for details on what exactly it covers. Get it written on paper and signed/dated by the garage.
    This guy sounds very suspicious, you're sister should have driven the car and had it inspected prior to handing over the deposit

    He told her the warranty only covers the gear box and engine. Don't know enough to know whether that's crap or not myself but it curiously seems about the price of a gear box, no?
    She bought a car and left a non refundable deposit without actually driving it? Bleedin' Nora! :confused:

    I could have smacked her over the head when she told me that, not to mention the fact that the deposit was a third of the price of the car :eek::eek: Sure she may as well have gone to an auction!! But that is done now and we need to help her limit the damage at this point.


  • Closed Accounts Posts: 1,921 ✭✭✭Gophur


    She is not legally entitled to a warranty, and any dealer providing a warranty will charge for it. Dealer, in this case, is being up front with his charges.

    That said, the car being sold, by a trader, must be fit for purpose. In this case, free from significant faults.


  • Registered Users, Registered Users 2 Posts: 3,111 ✭✭✭peanuthead


    Gophur wrote: »
    She is not legally entitled to a warranty

    Where are you getting this from? Not because I don't believe you, I just want to show her, thanks


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  • Registered Users, Registered Users 2 Posts: 1,308 ✭✭✭Ricardo G


    Gophur wrote: »
    She is not legally entitled to a warranty, and any dealer providing a warranty will charge for it. Dealer, in this case, is being up front with his charges.

    That said, the car being sold, by a trader, must be fit for purpose. In this case, free from significant faults.


    Unless its stated as being a trade sale and an agreement has been made between both parties then that is'nt the case ! A dealer will in most cases have a warranty incorporated into the window price and not charge extra for it. From what i read above the dealer has seen this girl as a softie and is trying to squeeze another few quid from her


  • Moderators, Society & Culture Moderators Posts: 9,689 Mod ✭✭✭✭stevenmu


    A warranty is different to her consumer rights. She is pretty much guaranteed her consumer rights. A dealer may also offer or sell a warranty but this is in addition to her consumer rights, and there is no obligation on a dealer to provide one.

    http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Shopping/intro.html
    or more specifically
    http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Shopping/guarantees.html


  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    Ricardo G wrote: »
    Unless its stated as being a trade sale and an agreement has been made between both parties then that is'nt the case ! A dealer will in most cases have a warranty incorporated into the window price and not charge extra for it. From what i read above the dealer has seen this girl as a softie and is trying to squeeze another few quid from her

    No.

    Another example of this urban myth. A minimum warranty isn't automatically included in any sale.

    Statutory rights will apply however. These are quite different - fit for purpose/merchantable quality etc.


  • Registered Users, Registered Users 2 Posts: 3,111 ✭✭✭peanuthead


    Okay thanks for the replies, this is good, at least we have something to go on now.

    She is returning to the garage this evening with my OH as he would know a bit about buying cars. He's going to have a look at it but I don't know where they will go from there. By the sounds of things she is not going to get a deposit back from him nor is she entitled to. She will have to wait and see.

    I'm going to have a read through those links provided now, thanks a lot.


  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    I'd drive it, & tell them the gearbox was shot. Then the fun will start.


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  • Registered Users, Registered Users 2 Posts: 3,135 ✭✭✭fifth


    That is shocking stuff OP.

    Get a trusted mechanic in there asap to look over this car thoroughly, don't be worrying about wasting the dealers time, get that car out of the lot and drive it hard and soft, with no radio on during the testing. Look out for knocking etc.

    Check every single thing in the car - seatbelts, upholstery, check if there was a towbar. Check the alloys for flaking/corrosion. Be particularly vigilant in checking the bumpers for chips and dents/discolourment on the bodywork.

    Ask the garage to provide a cartell report or failing that just get one yourself considering such a large deposit was put down on it. Did your sister say anything when he asked about the gearbox? Like, if she didn't get to drive it why would he ask this? Baffling stuff altogether.

    If she's committed to this car she might aswell try and get as much off the cash price as she possibly can. Is it NCT'd? Get the dealer to agree to stand by the nct that you're going to put it through if not. Get that in writing.

    Let us have an update soon as you do OP!


  • Registered Users, Registered Users 2 Posts: 69 ✭✭BJ2007


    peanuthead wrote: »

    Anyway, as she was leaving, the guy selling it to her said "Now are you okay with it, is the gear box ok?"
    P

    are you serious, the gearbox is clearly about to fall out of the car, but the dealer was smart and seen his chance as she didnt even bother test driving the car. :rolleyes:


  • Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    funkyflea wrote: »
    ...

    Get a trusted mechanic in there asap to look over this car thoroughly, don't be worrying about wasting the dealers time, get that car out of the lot and drive it hard and soft, ...!

    +1 that what you need to do.


  • Closed Accounts Posts: 1,921 ✭✭✭Gophur


    BJ2007 wrote: »
    are you serious, the gearbox is clearly about to fall out of the car, but the dealer was smart and seen [sic] his chance as she didnt even bother test driving the car. :rolleyes:

    It is not "clearly about to fall out of the car"!

    All you have is hearsay about a, possible, flippant, remark, nothing more, nothing less.

    As for the car's buyer? Fools and their money are easily parted. She cannot, in all seriousness, claim to be hard done by when she purchases a car like that.


  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    Gophur wrote: »
    It is not "clearly about to fall out of the car"!

    All you have is hearsay about a, possible, flippant, remark, nothing more, nothing less.

    As for the car's buyer? Fools and their money are easily parted. She cannot, in all seriousness, claim to be hard done by when she purchases a car like that.

    Clearly none of us, from behind our keyboards, knows just how good/bad the gearbox on this car is.

    The OP sister and boyfriend don't know either, as they haven't driven it apparently.

    In those circumstances the remark of the salesman should ring alarm bells big time!

    My view is the buyer was rather unwise to put down a deposit on this car, to say the least.


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    Gophur wrote: »
    It is not "clearly about to fall out of the car"!

    All you have is hearsay about a, possible, flippant, remark, nothing more, nothing less.
    Finally, a voice of reason.


  • Registered Users, Registered Users 2 Posts: 375 ✭✭KingIsabella


    Any link to the vehicle in question?


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


    Any link to the vehicle in question?

    Please don't.

    We have enough info to discuss the situation/vehicle. If we start discussing the business and how "dodgy" this situation is, that's not fair on the business and is possibly libellous.


  • Registered Users, Registered Users 2 Posts: 5,340 ✭✭✭mullingar


    All second-hand cars sold in Ireland ARE covered by a BUMPER TO BUMPER warranty as part of the sale of goods act when purchased by a consumer (trade sales are excluded).

    Sale of Goods Act:
    The Sale of Goods Act also requires
    that all goods sold should be:
    ✽ Of merchantable quality (reasonable, acceptable quality
    given what was said about them and taking into account the age and history of the vehicle).
    ✽ Fit for the purpose they are intended to be used for.
    ✽ As described.


    The Act does not state how long the warranty is, but the accepted norm is 3 months.


    EG, if the boot door lock fails, it is NOT merchantable quality, so must be fixed by the dealer


  • Posts: 23,339 ✭✭✭✭ [Deleted User]


    She bought a car and left a non refundable deposit without actually driving it? Bleedin' Nora! :confused:

    A lad gave me €3500 for a car years back without driving it or even sitting in it while I drove it, I have an honest face :pac:
    peanuthead wrote: »
    Hi



    My sister is currently in the process of maybe buying a car for herself.



    She went and viewed it last night with her boyfriend...............

    He's probably at work telling the lads how he checked out a car for the ole doll last night !!


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  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    mullingar wrote: »
    All second-hand cars sold in Ireland ARE covered by a BUMPER TO BUMPER warranty as part of the sale of goods act when purchased by a consumer (trade sales are excluded).

    Sale of Goods Act:
    The Sale of Goods Act also requires
    that all goods sold should be:
    ✽ Of merchantable quality (reasonable, acceptable quality
    given what was said about them and taking into account the age and history of the vehicle).
    ✽ Fit for the purpose they are intended to be used for.
    ✽ As described.


    The Act does not state how long the warranty is, but the accepted norm is 3 months.


    EG, if the boot door lock fails, it is NOT merchantable quality, so must be fixed by the dealer

    No, no and no.

    There is no automatic warranty. Buyer can negotiate one, but it's not automatic.

    Statutory rights cannot be compromised however. The car must be fit for purpose and of merchantable quality at the time of sale*, but in the absence of a warranty if a major component fails even shortly afterwards it's caveat emptor.

    *That means there are no material faults not disclosed, and the dealer must have no knowledge of an imminent failure/breakdown.


  • Registered Users, Registered Users 2 Posts: 5,340 ✭✭✭mullingar


    No, no and no.

    There is no automatic warranty. Buyer can negotiate one, but it's not automatic.

    Statutory rights cannot be compromised however. The car must be fit for purpose and of merchantable quality at the time of sale*, but in the absence of a warranty if a major component fails even shortly afterwards it's caveat emptor.

    *That means there are no material faults not disclosed, and the dealer must have no knowledge of an imminent failure/breakdown.

    I doubt you are correct with the "no automatic warranty". This would contravene the Sale of Goods Act/Consumer legislation. The only way for a dealer to get out of providing a warranty is either a trade sale, or by informing the buyer in writing of detailing any known faults, eg a knackered gearbox.

    The law is very clear for the consumer of those 3 points listed above which includes all second-hand cars.

    With the situation above, if the dealer writes on the sales docket "sold with faulty gearbox", the buyer has no cover under the Act.


  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    There is no mention of "automatic warranty" or "minimum 3 months" anywhere in the Sale of Gods Act mullingar.

    Your statutory rights always apply, but that doesn't include a warranty of any sort.


  • Registered Users, Registered Users 2 Posts: 5,340 ✭✭✭mullingar


    There is no mention of "automatic warranty" or "minimum 3 months" anywhere in the Sale of Gods Act mullingar.

    Your statutory rights always apply, but that doesn't include a warranty of any sort.

    Not be be trolling, but I did say there was no mention of how long the warranty is, and those 3 points above make the warranty.....

    I think we need to get a mini thread started in the legal forum to get full clarification


  • Closed Accounts Posts: 1,921 ✭✭✭Gophur


    mullingar wrote: »
    Not be be trolling, but I did say there was no mention of how long the warranty is, and those 3 points above make the warranty.....

    I think we need to get a mini thread started in the legal forum to get full clarification

    It's almost semantics, but a warranty implies the seller making good any faults that occur after the sale, while the Sale of Goods legislation only covers the goods being good at time of sale.

    If your gearbox gives up the week after you buy it you'll be unable to either prove the fault was in the car at time of sale of prove the dealer knew of such a fault.


  • Closed Accounts Posts: 3,615 ✭✭✭kildare.17hmr


    3 months engine and gearbox warranty with car protect is 90 euro and with mapfree is 98 euro. i could sell someone a 2 year warranty on a used car for a little more than 350!!


  • Registered Users, Registered Users 2 Posts: 5,340 ✭✭✭mullingar


    Right,

    Someone replied to a thread on the legal forum pointing to this linky
    If something does go wrong with a car you have bought from a dealer, you are protected by consumer legislation. Under the Sale of Goods and Associated Guarantees Directive 99/44/EC a car must be of satisfactory quality, as described, and be fit for purpose. This legilation will apply whether or not you have a guarantee or warranty. Contact the seller to seek a remedy.

    http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32022_en.htm

    So, its also in EU law.


    Edit;

    After more googling I came across this guide from the Irish consumer agency:
    http://www.consumerconnect.ie/eng/Hot_Topics/Our-booklets/NCA-Sale-of-goods.pdf
    What are my rights if things go wrong?
    If the goods fail to comply with any of these three criteria – for example they turn out to be faulty – you have certain clear rights
    under consumer legislation. These entitlements come under the three Rs:
    • repair
    • replacement
    • refund

    and
    You have the same consumer rights if you buy a second-hand product as you have when buying new products. Second-hand goods
    should be fit for the purpose for which they are sold, though they may not be as durable as a brand new item.

    If you buy something second-hand through a private sale with an individual or at an auction, your rights are far more limited.
    The goods merely have to be owned by the seller and be as described by them (the description can specify flaws). You have very
    little comeback if you later find another flaw or defect. In this situation it is always a case of "caveat emptor" or "buyer beware".

    This is the statement for the warranty length:
    You should return faulty goods to the shop as soon as possible. If you wait for a long time it may appear that you have accepted
    the products, faults and all.
    from further reading 3 months seems to be the accepted time limit.


  • Registered Users, Registered Users 2 Posts: 19,099 ✭✭✭✭Del2005


    peanuthead wrote: »
    Hi

    My sister is currently in the process of maybe buying a car for herself.

    She went and viewed it last night with her boyfriend.

    She didn't take it for a test drive as it was too awkward to get out of the lot (!!!???!!!)

    The car is 3500 and she gave a deposit of €1000 (too much, no?)

    Anyway, as she was leaving, the guy selling it to her said "Now are you okay with it, is the gear box ok?"

    She's nervous about him having said this to her. I agree its a bit of a weird thing to say to somebody, but then again I wasn't there and I don't know how the conversation had been going until that point.

    He could have just been making conversation, he could have found it odd (understandably) that she didn't take it for a test drive. It's unlikely a dealer is going to point out a flaw in a car he's selling, right?

    Now she did ask him for a warranty on the car (its a 2004, Peugeot 206) but he told her that for a 3 month warranty on a car "of this class" as he put it, it would be an extra 350€.

    She has already paid out the 1000 in a deposit which is non-refundable
    . However, a friend of a friend has now told her that she is legally entitled to a warranty. Just wondering about this. Is it a case of she is of course by law entitled to a warranty, but nowhere does it state that a garage can't charge extra for said warranty or is it assumed that a 3 month warranty is included in the sale price of a vehicle?

    By asking her if the gear box is "ok", is this a legal loophole for him to claim he didn't know there was anything wrong with it and therefore wasn't lying to her at the time of the sale?

    Thanks
    P

    How many people heard this or is it written on the receipt? If there's 2 people saying the deposit was subject to inspection v's the salesman saying it wasn't. The salesman would have trouble denying it. Not that I'd condone the sort of thing.

    But if the gearbox is knackered the car isn't fit for purpose and legally they would be on very shaky ground even if marked "sold as seen" not fixing it before sale.


  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    mullingar wrote: »
    ...This is the statement for the warranty length:
    from further reading 3 months seems to be the accepted time limit.

    Again there's no mention of warranty, never mind 3 months.


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  • Moderators, Society & Culture Moderators Posts: 9,689 Mod ✭✭✭✭stevenmu


    A warranty (or guarantee) is always in addition to, and completely seperate from, your statutory consumer rights.


  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    stevenmu wrote: »
    A warranty (or guarantee) is always in addition to, and completely seperate from, your statutory consumer rights.

    ...so cannot be part of them.


  • Closed Accounts Posts: 6,131 ✭✭✭subway


    Here we go again, soga does not just apply on day of sale.
    You lads will make up anything to sound like you are talking sense :)

    SOGA covers the "reasonable life" of the goods, but excludes ordinary wear and tear


  • Registered Users, Registered Users 2 Posts: 5,340 ✭✭✭mullingar


    stevenmu wrote: »
    A warranty (or guarantee) is always in addition to, and completely seperate from, your statutory consumer rights.

    Agree, If you get a written 1 year warranty on a second hand car it should be superior to the SOGA, but the SOGA will always be in effect in the background as part of your statutory rights.

    If the car was purchased from a dealer and in the absence of a written warranty and the car develops a fault in a "reasonable timeframe" you have the Statutory Right under the SOGA of either:
    • repair
    • replacement
    • refund

    which is by definition is an IMPLIED warranty.

    As the Consumer Agency quotes
    You should return faulty goods to the shop as soon as possible. If you wait for a long time it may appear that you have accepted
    the products, faults and all.
    and the previous poster stated
    SOGA covers the "reasonable life" of the goods, but excludes ordinary wear and tear

    So, if the rear boot lock fails after a reasonable time, eg 2 months, if must be fixed under the SOGA.

    The ONLY time the SOGA does not apply if the consumer is given "in writing" on the sales docket the exact details of the faults.

    Wear & Tear items are naturally excluded from SOGA, eg clutch/brakes


  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    Where did this new notion of "reasonable time" come from? :confused: If it applied why would any warranty be needed and why would people pay for them?

    I had a look at the National Consumer Agency site www.consumerconnect.ie and found this snippet under a search for cars....

    "Warranties

    Finally, if a warranty is being offered with the car, check what the warranty covers (parts, labour, or both parts and labour), and for how long it lasts.

    Make sure to get details of any warranty in writing.

    Remember, a warranty can save you money if anything goes wrong, so ensure you receive the maximum benefits to which you are entitled."

    That to me anyhow clearly shows there's no implied, automatic, or minimum warranty. It also shows that any warranty is in addition to basic consumer rights, and is not part of them.


  • Registered Users, Registered Users 2 Posts: 5,340 ✭✭✭mullingar


    Where did this new notion of "reasonable time" come from? :confused: If it applied why would any warranty be needed and why would people pay for them?

    I had a look at the National Consumer Agency site www.consumerconnect.ie and found this snippet under a search for cars....

    "Warranties

    Finally, if a warranty is being offered with the car, check what the warranty covers (parts, labour, or both parts and labour), and for how long it lasts.

    Make sure to get details of any warranty in writing.

    Remember, a warranty can save you money if anything goes wrong, so ensure you receive the maximum benefits to which you are entitled."

    That to me anyhow clearly shows there's no implied, automatic, or minimum warranty. It also shows that any warranty is in addition to basic consumer rights, and is not part of them.

    Its for when purchaser wants a warranty beyond the SOGA's "reasonable time frame" (which would be also in effect during the "reasonable time frame"), so if a car broke down after 5 months its not in a "reasonable time frame" for the SOGA and would be covered under any purchased/FOC written 6 month warranty.

    As Stevemu quoted:
    warranty (or guarantee) is always in addition to, and completely seperate from, your statutory consumer rights.


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  • Registered Users, Registered Users 2 Posts: 3,111 ✭✭✭peanuthead


    Hi guys, me again. Okay I will give you an update on the situation but first to just comment on a few replies:
    BJ2007 wrote: »
    are you serious, the gearbox is clearly about to fall out of the car, but the dealer was smart and seen his chance as she didnt even bother test driving the car. :rolleyes:

    Yes, not bothering to test drive the car is foolish and I don't know why she did that. I don't think she knows herself!! However, the dealer is not that smart in my opinion if he mentioned the gear box at all. He should have kept his mouth shut if he wanted his sale, although I am glad he didn't.
    Gophur wrote: »
    It is not "clearly about to fall out of the car"!

    All you have is hearsay about a, possible, flippant, remark, nothing more, nothing less.

    As for the car's buyer? Fools and their money are easily parted. She cannot, in all seriousness, claim to be hard done by when she purchases a car like that.

    You are right, this was foolish of her, but she is not claiming to be hard done by. She is just looking for advice on how to limit the damage.
    BostonB wrote: »
    +1 that what you need to do.

    Yep, done.
    Clearly none of us, from behind our keyboards, knows just how good/bad the gearbox on this car is.

    The OP sister and boyfriend don't know either, as they haven't driven it apparently.

    In those circumstances the remark of the salesman should ring alarm bells big time!

    My view is the buyer was rather unwise to put down a deposit on this car, to say the least.

    She was unwise, I don't know why she gave him a deposit so large.

    RoverJames wrote: »
    A lad gave me €3500 for a car years back without driving it or even sitting in it while I drove it, I have an honest face :pac:



    He's probably at work telling the lads how he checked out a car for the ole doll last night !!

    :rolleyes: I can only imagine!!




    Okay so the update is this:

    My boyfriend went out with her to look at it again the other night. He hadn't it out of the lot before he could tell the thing was riddled with problems. Strangely enough though not with the gearbox!! It was cutting out by itself, was very very shaky and rattly to drive. Altogether something you would go out of your way to avoid!!

    In his unqualified experience he reckoned there was a problem with the back axle. He advised her to try to get her deposit back but if she couldn't to cut her losses.

    They went back to the garage and the salesman then agreed to fix the damage, drive it to her at home so she could take it out again and if she was happy with that she could then purchase. She agreed and the car was checked out for its problems.

    She called them back today and got through to a different salesman who told her the problem with the car was in fact the back axle (amongst other things I'm sure). He said they would get working on it as soon as possible.

    In light of the fact that they haven't even started working on it she has decided she no longer wants the car. She said she wanted her deposit back and at that point the other salesman stopped dealing with her and said she would have to talk to the person she paid, which is fair enough I suppose.

    Hopefully she gets her deposit back, but if not I suppose she has learned a little lesson the hard way.

    Thank you for your replies and I will keep you posted on whether or not she gets her deposit back.


  • Registered Users, Registered Users 2 Posts: 3,683 ✭✭✭DeepBlue


    Is there not a "cooling off period" that applies in situations like this?


  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    mullingar wrote: »
    Its for when purchaser wants a warranty beyond the SOGA's "reasonable time frame" (which would be also in effect during the "reasonable time frame"), so if a car broke down after 5 months its not in a "reasonable time frame" for the SOGA and would be covered under any purchased/FOC written 6 month warranty.

    You've completely ignored or failed to understand my point! A "strawman position" will get us nowhere.

    Please indicate where this "reasonable period" (or automatic warranty if you will) is enshrined in the Sale of Goods Act or other consumer legislation?

    Again I'm saying that in the absence of a warranty, minimum consumer rights will always apply, but but these will not cover a breakdown or major failure provided the car was fit for purpose, as described, and of merchantable quality at the time of sale.


  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    DeepBlue wrote: »
    Is there not a "cooling off period" that applies in situations like this?

    That'd apply to finance deals I reckon.


  • Registered Users, Registered Users 2 Posts: 5,340 ✭✭✭mullingar


    Please indicate where this "reasonable period" (or automatic warranty if you will) is enshrined in the Sale of Goods Act or other consumer legislation?

    Here: http://www.consumerconnect.ie/eng/Hot_Topics/Our-booklets/NCA-Sale-of-goods.pdf Page 5
    You should return faulty goods to the shop as soon as possible. If you wait for a long time it may appear that you have accepted the products, faults and all.
    Again I'm saying that in the absence of a warranty, minimum consumer rights will always apply, but but these will not cover a breakdown or major failure provided the car was fit for purpose, as described, and of merchantable quality at the time of sale.

    That statement is 100% wrong and violates the SOGA which is part of your Statutory rights.
    If the car was purchased from a dealer and in the absence of a written warranty and the car develops a fault in a "reasonable timeframe" you have the Statutory Right under the SOGA of either:
    • repair
    • replacement
    • refund

    This includes all second hand goods. Read the brochure in the link above and you will see.


    Tell me, if you were a dealer and I bought a 4 year old car from you, say a Ford Focus, with everything working at time of sale and there was no mention of warranty on the sales docket and 2 months later the gearbox packs up. I bring it back, would you fix it or not?


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  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    mullingar wrote: »
    Here: http://www.consumerconnect.ie/eng/Hot_Topics/Our-booklets/NCA-Sale-of-goods.pdf Page 5





    That statement is 100% wrong and violates the SOGA which is part of your Statutory rights.
    If the car was purchased from a dealer and in the absence of a written warranty and the car develops a fault in a "reasonable timeframe" you have the Statutory Right under the SOGA of either:
    • repair
    • replacement
    • refund

    This includes all second hand goods. Read the brochure in the link above and you will see.


    Tell me, if you were a dealer and I bought a 4 year old car from you, say a Ford Focus, with everything working at time of sale and there was no mention of warranty on the sales docket and 2 months later the gearbox packs up. I bring it back, would you fix it or not?

    Nah.

    I've already quoted above from the consumerconnect.ie and that's plainly at odds with your quote. There's no mention in any of that of automatic warranty, reasonable periods, or 3 months btw.

    If you were correct in applying all that to used cars, why would anyone offer or buy an additional warranty?

    If the car is out of warranty, or is sold cheaper because it was agreed one wasn't req'd it's the buyers lookout. I'm not a dealer btw.


  • Registered Users, Registered Users 2 Posts: 57 ✭✭noeleeee


    hey all,
    Been reading this discussion with interest as I recently bought a car from a small dealer who gave me a 3 months engine and gearbox warranty.
    I think he has this with mapfire.
    Anyway within a week of getting the car the EGR valve went which he replaced. Now two weeks(have the car just over the one month) I have discovered a leak from the engine - I dont know from where yet. This was not picked up when the car was inspected by an independent mechanic.

    Would and should this be covered under the 3 month warranty ?

    I am getting another independent mechanic to check this for me on Friday to see what is exactly wrong. Is this wrong ?


  • Registered Users, Registered Users 2 Posts: 19,099 ✭✭✭✭Del2005


    Nah.

    I've already quoted above from the consumerconnect.ie and that's plainly at odds with your quote. There's no mention in any of that of automatic warranty, reasonable periods, or 3 months btw.

    If you were correct in applying all that to used cars, why would anyone offer or buy an additional warranty?

    If the car is out of warranty, or is sold cheaper because it was agreed one wasn't req'd it's the buyers lookout. I'm not a dealer btw.

    A warranty makes it easy to get your car fixed. With the SOGA you'll get your car fixed but may have to use the courts, engineers reports etc. But the dealer will have to fix your car and pay your expenses if it goes legal.

    Dealers/shops will try and tell you that once it's out of warranty hard luck, the law doesn't agree.


  • Registered Users, Registered Users 2 Posts: 3,111 ✭✭✭peanuthead


    Hi all

    Well thanks for all the replies.

    The garage refunded her the money and she actually ended up buying a 206 privately off someone else for much cheaper and in much better condition. And she test drove it too this time!! :pac:

    Thanks for the advice

    p


  • Registered Users, Registered Users 2 Posts: 12,820 ✭✭✭✭galwaytt


    peanuthead wrote: »
    Hi all

    Well thanks for all the replies.

    The garage refunded her the money and she actually ended up buying a 206 privately off someone else for much cheaper and in much better condition. And she test drove it too this time!! :pac:

    Thanks for the advice

    p

    +1 to the garage then, fair is fair.

    Remember: just 'cos you're paranoid, doesn't mean they're not out to get you !! :p

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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