Spud43
Member Since: 10 Jan 2013
Location: Aylesford, Kent
Posts: 54
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My rights against 2nd hand car dealer |
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Hi all
Please excuse my ignorance about 2nd hand car dealers but before recently buying my disco I have had company cars for years.
I bought an 07 discovery 3 ,2 weeks ago from a 2nd hand dealer and although the dealer got MOT done and replaced front tyres (at my request) they would not service it. I perhaps should have pushed them to service it before I bought it but I would have had no guarantee that they would have serviced it thoroughly.
I therefore had it serviced this week 90000 mile service at local main dealer and all was ok with vehicle except worn rear suspension bushes (needs packers apparently), and corroded rear brake pipe
Do I have any recourse against the dealer for these 2 issues?
Any advice much appreciated
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22nd Jan 2013 5:38 pm |
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Splitpin
Member Since: 30 Dec 2010
Location: At the toolbox
Posts: 535
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Were there any advisories on the MOT sheet?
If not then VOSA maybe interested in the mot garage if the pipes are bad enough for a fail.
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22nd Jan 2013 5:51 pm |
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StornowayStu
Member Since: 10 Aug 2012
Location: Austin TX
Posts: 331
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I think the "rights" against dealers have more to do with recourse of their selling a stolen or cut and shut vehicle or knowingly misrepresenting it in some fashion. If they had handed you a 150 point inspection which for example said all was well with those parts of the car.
Unless the dealer specifically included some warranty then I would think it was sold AS-IS so if you'd had a PPI done then you may have used these as a bargaining chip. Of course if these items were MOT fail points then the fact that it passed may be down to them if they did the MOT....
With the age and mileage you mention, I'm not surprised about the suspension bushes. Brake pipes I guess depends on the climate.
You would also be wise to steer clear of your main dealer and find a good LR independent mechanic for peace of mind of your wallet.
Last edited by StornowayStu on 22nd Jan 2013 5:56 pm. Edited 1 time in total
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22nd Jan 2013 5:54 pm |
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Spud43
Member Since: 10 Jan 2013
Location: Aylesford, Kent
Posts: 54
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No the MOT sheet had no advisories at all. From what I have read corroded brake pipes are usually called out as MOT failures. However dealer listed them on health check as an Amber problem,so I suppose that suggests they aren't that bad - maybe it's it's just an attempt from the dealer to get me to part with over a grand to replace the pipes?
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22nd Jan 2013 5:55 pm |
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StornowayStu
Member Since: 10 Aug 2012
Location: Austin TX
Posts: 331
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The dealer has many ways to get you to part with over a grand Grasshopper....
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22nd Jan 2013 5:57 pm |
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mzplcg
Member Since: 23 Jun 2009
Location: Gone
Posts: 1087
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OK, alarm bells are going off now, big ones at that.
The dealer wants over a grand to replace corroded brake pipes? That's all fine and dandy if they actually need doing since (if you go by the book) it's a body off job.
So it's passed an MOT very recently too. Right, and again this is all fine too assuming it wasn't a drive-by MOT.
So which one do you trust? NEITHER is the short answer. Go find a trustworthy independent specialist who has no axe to grind and ask for them to inspect it and give you the honest answer. Also explain that they will NOT get the work because if it does need doing you will be going back to the supplying dealer and also reporting the matter to VOSA for dodgy MOT's.
By doing this you will know for sure and have either peace of mind, or enough information to go after the dealer who sold you the car. Needless to say you want the indy's opinion in writing.
By the way, if the dealer is a motor trader (not a private individual) you have a lot more rights than if you bought privately, particularly with regard to warranties. It is illegal for a trader to sell a car to a punter (i.e. not another trader) "as seen". PM me if you want the full low down - I've successfully sued 2 main dealers in the past.
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22nd Jan 2013 6:13 pm |
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fishinmad
Member Since: 30 Jan 2012
Location: St Ives
Posts: 877
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You might want to look at some of the other posts on here about fixing corroded brake pipes, I believe several forum members good indies re-route the new pipes so the body doesn't need to come off.
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22nd Jan 2013 9:41 pm |
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CDS
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Member Since: 12 Oct 2009
Location: Cornwall & most of the UK!
Posts: 3343
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SWMBO's D3 needed 6 suspension arms doing BEFORE the last MOT due to failing bushes, didn't have the cash to do it at the time, so chanced the MOT....... they never spotted it, not a surprise really as it's wheels off to see it properly. Any LR dealership would see it straight away on a service, but a second hand dealership would probably not notice IMHO.
As for tyres - LR will sell you replacements at 3mm, though will pass MOT at anything over 1.6mm.
I've popped the road wheels back on mine for the last 2 MOT's and got the same advisory of '4 tyres near legal limit of 1.8mm' Drove home and put the AT2's straight back on.
I would say you took the car 'as is' and should've pushed for the service before buying. Not what you want to hear I know, but I once bought a car without having it serviced and had agro that would have been covered if I'd have pushed them to service it, lesson learnt, never again......
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23rd Jan 2013 12:22 am |
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Disco_Mikey
Member Since: 29 May 2007
Location: Dundee, Scotland
Posts: 20841
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The thing with brake pipes, and play in bushes is all "in the opinion" of the person working on cars.
2 people working at the same garage would probably have differing opinions of what is defined as "excessive"
NOt the end of the world though. The ARB bushes can be shimmed, less than an hours labour, and parts are around £1.50. Brake pipes are 3-4 hours, and get joined half way. My D3 Build Thread
TDV8 Retrofit Build Thread
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23rd Jan 2013 6:39 am |
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euangibson
Member Since: 24 Dec 2010
Location: Borders
Posts: 11027
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A week after buying mine,I took it to the Indy (that the car dealer I bought the car from used)...I said that I wasn't happy about the clattering over bumps and potholes,and hadn't noticed that the rear tyres were as worn as they were ....Indy phoned the dealer and he agreed without hesitation to new arb bushes all round and 2 new rear tyres......it may have had something to do with there being plenty of money in the pot after my panic part-exing of a BMW for the Disco,but he agreed without hesitation to pay for the parts and labour... "Better to remain silent and be thought a fool,than to speak out and remove all doubt" ?.....what rubbish...
Locking rear E-diff
RLD spare wheel protector & sump guard
Extended roof rails
Series 111 mudflaps
Black side tubes,grill and vents
Timed climate remote
Hids4u interior lights
D4 Firenze my2012 HSE
D3 Java 2005 SE manual (sold,sadly,thanks for the memories)
1966 '88 Series 2a....still starts in the morning better than I do...
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23rd Jan 2013 7:13 am |
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Splitpin
Member Since: 30 Dec 2010
Location: At the toolbox
Posts: 535
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I agree, but most mot inspectors will advise on anything they consider to be not spot on.
That way their backs are covered should anything happen.
But used car dealers want clean mot sheets to ease sales.
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23rd Jan 2013 7:15 am |
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BLFarrar
Member Since: 02 Aug 2006
Location: Deepest, Dankest, Darkest, Dingiest......Le Halifax, West Yorkshire...with strong links to Ireland
Posts: 6222
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Sale of Goods Act applies.....what the buyer is protected by & merchantable quality aspects
You can go to your local Citizens advice place & get some free advice on the scope of the law
I'm sure someone on here legally qualified will tell us the exact protection this gives BREXIT - done properly.
Right now ...We need Government - not Politics
Save the Dipstick Flagbearer-keep it simple, less likely to fail campaign-agenda items:Starting Handles, Acetylene Lamps.
Founder: Dipsticks-R-Us Inc
D3 HSE-perfectly formed, passenger friendly...has real DIPSTICK
Jag XK-but sadly no DIPSTICK...HUGE design fault
FL2 has DIPSTICK..."real comfort in rear seats"
VW Golf wondermobile (?)..has real DIPSTICK
Morris Minor..original DIPSTICK technology..and a real KEY.
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23rd Jan 2013 8:22 am |
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Splitpin
Member Since: 30 Dec 2010
Location: At the toolbox
Posts: 535
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On a 07 D3 these issues are not uncommon and could be considered wear and tear.
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23rd Jan 2013 8:28 am |
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G_Cam
Member Since: 12 Aug 2010
Location: Fife
Posts: 2061
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Have you gone back to the dealer that you bought it from and just told them of the issue and asked what they can/will do about it?
CAB is a great place for free advice and if its a rogue garage they will probably know about it.... However the seller could be OK and may rectify at least part of the issue. The brake pipe (singular) being perhaps the most worrying defect?
I have been told many times in the past that this or that needs done by a main dealer...often it does not! If I get any work done I always state up front that I want the parts back so I can inspect them.... in the past this has caused a few feet shuffle and eyes on the feet moments... and almost by Magic... after they look at it again... the parts do appear th be OK
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23rd Jan 2013 8:49 am |
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euangibson
Member Since: 24 Dec 2010
Location: Borders
Posts: 11027
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G_Cam wrote: If I get any work done I always state up front that I want the parts back so I can inspect them.... in the past this has caused a few feet shuffle and eyes on the feet moments... and almost by Magic... after they look at it again... the parts do appear th be OK
Sound advice....best one I heard was my Mother-in-law (in her 70's) called me and said her Volvo V70 had been in that day getting serviced.....when she queried the large bill,they told her the discs and pads needed changed and had done it (without calling her first for authorisation)....she asked for my opinion...told her it was unlikely as her car had only done 6k from new...I then told her to ring them back and ask for the old ones to be returned for independent inspection....to be told "sorry madam,we weren't happy with them,so have sent them back to Sweden to be looked at...."!! ......strangely,they took the cost of the "new" ones off the bill when I rang them.... 's "Better to remain silent and be thought a fool,than to speak out and remove all doubt" ?.....what rubbish...
Locking rear E-diff
RLD spare wheel protector & sump guard
Extended roof rails
Series 111 mudflaps
Black side tubes,grill and vents
Timed climate remote
Hids4u interior lights
D4 Firenze my2012 HSE
D3 Java 2005 SE manual (sold,sadly,thanks for the memories)
1966 '88 Series 2a....still starts in the morning better than I do...
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23rd Jan 2013 9:16 am |
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