BMW Can I return under Sale of Goods Act?

joe2010 · 04-11-2010 12:45AM #1

Hi,
I bought a 07 BMW in Feb with a 1 year warranty from BMW dealer in Dublin.
It's had engine problems in last month, and twice been in my local BMW garage in Galway, and repaired for free under the warranty.
Now the same problem has occured again for a 3rd time, all within the last month.

Can I return the car to the original dealer and ask for a repair, replacement or refund?

Assuming they can't repair it properly can I then ask for a refund?

Any advice appriciated.

BWairsoft · 04-11-2010 01:23PM

Hi, section 13 of the Sale of Goods Act 1980 deals with the safety of motor vehicles. There is quite strict rules & remedies regarding the quality of new vehicles, naturally with second hand vehicles you are not entitled to as much. In your situation you are obviously dealing with the right to reject the goods in question. In my opinion and from a case law point of view you probably will not be able to return the car as 9 months is quite a long time due to the fact that the defect is only emerging now. It would be quite hard to prove the defect was present at time of sale and also the courts would consider that naturally used vehicles are subject to a certain amount of wear and tear.

Of course this would be different if your vehicle was an inherant danger to you or the public but in the case of an everyday used car defect it is unlikely you will be entitled to anything outside repairs under warranty. As far as I know the BMW warranty is 4 years in most countries which would make sence that you recieved a 1 year warranty with a 07 model bought in 2010, I would highly doubt the dealership and factory warranty would be any different but I can't confirm that 100%.

I am a law student speaking from a text book point of view I am not a qualified solicitor, hope I was of some assistance.

page1 · 04-11-2010 02:43PM

I agree with the previous poster. Do you have any idea what exactly the engine problems are. Has it been in for the same problem the three times. The car is almost 4 years old and you would expect a certain amount of wear and tear and just because a car has been in a garage three times in a month would not entitle you to a refund. Sometimes it is difficult to diagnoise a problem and the garage may have to try a couple of different parts before correcting the fault.
It would be useful if you knew the exact fault and what repairs have been carried out and I may be able to give further information

joe2010 · 04-11-2010 09:02PM

Thanks both of you for your replies.
Well the original garage is going to look at it at the weekend and then I might have some idea what the problem is when I get it back.... but I'm starting to think I have zero chance of getting a refund.

BMW Can I return under Sale of Goods Act?

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