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Issue with second hand vehicle

  • 14-03-2023 8:03pm
    Registered Users Posts: 2,923 ✭✭✭

    Firstly please forgive my brevity when it comes to the information in this post as I'm trying not to bring attention to myself or the retailer. I purchased a vehicle before Christmas and drove it about 10 kilometers home. Due to the cold snap we had, it sat in my garage for about a month and a half without being used. Fast forward to mid-Jan and I took it out and found it wouldn't start and when it did, it idled terribly.

    Turns out there was a large hole in the exhaust causing the idle issue because of lack of back pressure. The shop owner denied it was there when I bought it. I spoke to his mechanic and he admitted that there was no way it just appeared because the rust was old, so the owner was lying. I have this on video due to a dash cam being left on. The exhaust muffler was replaced with an after-market one that isn't road legal and is too noisy. The shop owner said I can take it or leave the vehicle outside his shop, he doesn't care. In the end, I took it home as I had no choice. So now I have this vehicle with a very noisy exhaust that's not road legal. The shop owner said he couldn't get the original but I had no problems finding it online which was substantially more expensive than the second hand knock off he installed.

    Since then I spoke to my solicitor, the CCPC and the finance company I bought the vehicle through. All three have bounced me around. Any suggestions as the shop owner is not prepared to discuss this?


  • Registered Users Posts: 10,507 ✭✭✭✭Jim_Hodge

    Sounds like he offered to take it back, no? Therefore refund offered. Or am I missing something.

  • Registered Users Posts: 2,923 ✭✭✭D3V!L

    Sorry just read over my post and i think you might be referring to when I said the shop owner said I can take it or leave it. I meant he told me to take the vehicle with the replacement exhaust or leave it there to rot. He wasn't going to do another thing to it.

  • Registered Users Posts: 3,137 ✭✭✭T-Maxx

    It's not impossible that it rusted through in the 6 weeks that it sat in your garage. Needless to say that it was on its way out in any case if it rusted through so quickly. Could have been a bad patch job also.

  • Registered Users Posts: 2,923 ✭✭✭D3V!L

    It was chromed steel so wouldn't rust through to the extent that it was. My garage is insulated and heated so no chance of anything rusting in there.

  • Registered Users Posts: 5,263 ✭✭✭greasepalm

    What do you mean exhaust was not legal , possibly genuine one be mega bucks and working in a garage would source from a motor factor and depends what make is available for your model.

    We have replaced many and might have a different audible sound if faulty.

    Might you have brought car to an exhaust centre for another opinion ?

    Curious what car is it and is it a diesel ?

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  • Registered Users Posts: 14,474 ✭✭✭✭elperello

    You probably need to do some sums to figure out whether its worth going legal on this.

    Among the things you need to consider are -

    How much did you pay for the car?

    How much will it cost to replace the exhaust with an OEM one?

    How much will it cost to instruct a solicitor to take your case.

    Are you sure the exhaust fitted is illegal?

    Did the seller give you a warranty?

  • Registered Users Posts: 1,290 ✭✭✭meep

    Is the shop owner a garage, or something like a fruit and veg shop that happened to be selling the vehicle privately?

  • Registered Users Posts: 2,923 ✭✭✭D3V!L

    Thanks for the advice lads, it's of the two wheeled variety and the exhaust isn't "E" stamped for road use.

  • Registered Users Posts: 2,923 ✭✭✭D3V!L

    A garage , or bike retailer in this case. Provided a 3 month warranty on gear box and engine. In this case the engine wasn't running because of the hole and they replaced the exhaust "out of good will" and completely denied the issue was there when they sold it.

  • Registered Users Posts: 14,474 ✭✭✭✭elperello

    OK didn't realise it was a motorcycle they are not usually referred to as vehicles

    If you think after consideration that a full legal case is not worth it you could try the Small Claims Court.

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  • Registered Users Posts: 1,297 ✭✭✭walterking

    It's a used motorcycle.

    Surely you checked it out before handing over money?

    Was the exhaust covered up that you could not inspect it?

    Did you not take it for a test drive?

    Debatable whether you have any rights here.