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Issue with Car Dealer

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  • 27-04-2007 11:44am
    #1
    cold_filter
    Registered Users Posts: 744 ✭✭✭


    Ok heres the situation. My Fiat brava failed the NCT for emissions.... 4 times. Took it to a garage did a trade in on a car wirth 10k got a 6 month warranty.

    The garage phoned today and said that they have voided the warranty as the fiat needs a new engine, got 1500 trade in on fiat and at no point did he ask me what had car failed NCT for, he did ask does it have a NCT i said no it failed.

    Anyway the owner says he has now voided my warranty, what the hell do i do?


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    #2
    Mitch Connor
    Registered Users Posts: 45,759 ✭✭✭✭Mitch Connor


    did you sign a contract on the terms of the warranty? You'd be best checking them out.


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    #3
    cold_filter
    Registered Users Posts: 744 ✭✭✭cold_filter


    No ive got a receipt A4 headed paper with warranty details written on it


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    #4
    OldmanMondeo
    Registered Users Posts: 3,009 ✭✭✭OldmanMondeo


    You have a receipt, the warrenty is vaild. Just hope you don't need to bring the car back to him.


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    #5
    cold_filter
    Registered Users Posts: 744 ✭✭✭cold_filter


    Yep lets hope!


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    #6
    bazz26
    Registered Users Posts: 51,238 ✭✭✭✭bazz26


    OldmanMondeo wrote:
    You have a receipt, the warrenty is vaild. Just hope you don't need to bring the car back to him.

    How can the warranty be valid if you are afraid to bring the car back?


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    #7
    Owen
    Registered Users Posts: 12,683 ✭✭✭✭Owen


    If you have a warranty in writing, get a Solicitor involved.


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    #8
    cold_filter
    Registered Users Posts: 744 ✭✭✭cold_filter


    Well it wont present a problem unless something happens to the car in the next 6 months.


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    #9
    gyppo
    Registered Users Posts: 1,648 ✭✭✭gyppo


    You traded in your old car in good faith - it was up to the garage to examine your trade-in at the time, and give you an allowance commensurate with condition.

    The garage is legally bound to honour the written warranty they gave you - take no s**t from them if you need to use your warranty - as Ned said, get your solicitor on the case.


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    #10
    OldmanMondeo
    Registered Users Posts: 3,009 ✭✭✭OldmanMondeo


    You should be ok, unless you bought either a
    Fiat, Renault, Ford, Citroen, Merc, VW, Audi, Toyota, Peugeot, Opel, Lada, Skoda, Kia, Hyundai, Nissan, ah bugger can't think of another makes....


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    #11
    cold_filter
    Registered Users Posts: 744 ✭✭✭cold_filter


    Its an opel vectra....


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    #12
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,714 Mod ✭✭✭✭Seth Brundle


    1. What verbal stipulations did he make before taking the old car?
    2. What written stipulations did he make before taking the old car?
    Ignore any made under #1!
    If he took the car on a 'sold as seen' basis and it subsequently went bad then its tough titties! He was already aware that there were problems as it had no NCT.
    The guy is IMO an idiot and appears to know sweet FA about cars!


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    #13
    cold_filter
    Registered Users Posts: 744 ✭✭✭cold_filter


    All he asked when doing up the valuation on the car was " does it have an NCT" my reply " no it doesnt"


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    #14
    boomer_ie
    Closed Accounts Posts: 392 ✭✭boomer_ie


    kbannon wrote:
    1. What verbal stipulations did he make before taking the old car?
    2. What written stipulations did he make before taking the old car?
    Ignore any made under #1!
    If he took the car on a 'sold as seen' basis and it subsequently went bad then its tough titties! He was already aware that there were problems as it had no NCT.
    The guy is IMO an idiot and appears to know sweet FA about cars!

    Sold as seen only applies to Body work, it cannot refer to the electrics, engines etc. Think about it, how can you "see" a problem in the engine?


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    #15
    ctc_celtic
    Closed Accounts Posts: 234 ✭✭ctc_celtic


    boomer_ie wrote:
    how can you "see" a problem in the engine?

    by starting the engine. if you know your way around cars, then you can see an number of problems just by inspecting the engine.

    sold as seen, means exactly that, if you buy a car sold as seen, and it develops a problem, you cant take it back to the seller complaining.
    regardless of what the problem is.


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    #16
    unkel
    Registered Users Posts: 65,372 ✭✭✭✭unkel
    Chauffe, Marcel, chauffe!


    boomer_ie wrote:
    Sold as seen only applies to Body work, it cannot refer to the electrics, engines etc. Think about it, how can you "see" a problem in the engine?

    Nonsense. When a dealer takes a trade in, caveat emptor applies. Whatever is / will go wrong with the car is the dealer's problem...


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    #17
    boomer_ie
    Closed Accounts Posts: 392 ✭✭boomer_ie


    unkel wrote:
    Nonsense. When a dealer takes a trade in, caveat emptor applies. Whatever is / will go wrong with the car is the dealer's problem...

    That is correct unless the seller of the car/item missrepresents the item being sold. (Which I am not saying the OP did btw)

    In my case I purchased three vehicles from the UK which were "Sold as seen" but several guarantees as to condition were given by the seller which were found to be incorrect. My research into the issue discovered that in SOME cases using the words "Sold as seen" can be regarded as criminal.

    I will look up my research and post the link when i track it down. Granted it is a UK website that says it but given the broad similarity of legislation between Ireland and the UK the same could be true or at the very least argued over here.


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    #18
    ctc_celtic
    Closed Accounts Posts: 234 ✭✭ctc_celtic


    yeah if sold as seen is accompanied by statements that are not ture, then yeah you have a case.
    but if nothing is said regarding the condition of the car, other than 'no it does't have an NCT', then it cannot be misleading.

    the OP has a very strong case, if something go wrong with the car in the next 6 months, take it straight back to the dealer under warranty.
    consult a Solicitor if they they refuse, legal facts are on your side.


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    #19
    colm_mcm
    Registered Users Posts: 73,454 ✭✭✭✭colm_mcm


    what a load of rubbish. A warranty is a warranty. he can't just void it. Is he a proper SIMI garage?


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    #20
    louie
    Closed Accounts Posts: 1,200 ✭✭✭louie


    Just pray that your car will be alright and you won't need to bring it back.
    BTW the garage warranthy on a second car only represent the engine and gearbox (unless anything else is mentioned in writting) and depending on the year of the car, it is probably only 3 months.


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    #21
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,714 Mod ✭✭✭✭Seth Brundle


    boomer_ie wrote:
    Sold as seen only applies to Body work, it cannot refer to the electrics, engines etc. Think about it, how can you "see" a problem in the engine?
    Have you ever worked under a bonnet? Actually have you ever looked under a bonnet?
    Its quite easy to spot problems with an engine. Its usually fixing them thats the problem!


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    #22
    BrianD3
    Registered Users Posts: 8,387 ✭✭✭BrianD3


    I'd have the same opinion as everyone else. IMO this garage owner sounds like an arsehole and a chancer. If it were me I'd now be slightly worried about the car he sold me as who knows what other tricks he's been up to. I'd already be anti the car becasue of the attitude of yer man and his (attempted) voided warranty. So I'd be thinking about getting rid if the chance arises.

    As for the Brava you traded in - I'd love to know exactly what's wrong with it that means it requires a replacement engine. The story he has spun you about the Brava may not be the full truth either.


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    #23
    JHMEG
    Closed Accounts Posts: 7,686 ✭✭✭JHMEG


    Ignore what he said on the phone, what he said on paper is legally binding.

    May be a non-issue as nothing may go wrong with the Vectra in the 6 months (make sure timing belt has been done).


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    #24
    Little-Devil
    Closed Accounts Posts: 911 ✭✭✭Little-Devil


    gyppo wrote:
    You traded in your old car in good faith - it was up to the garage to examine your trade-in at the time, and give you an allowance commensurate with condition.

    The garage is legally bound to honour the written warranty they gave you - take no s**t from them if you need to use your warranty - as Ned said, get your solicitor on the case.


    I agree with GYPPO, it was down to the garage to look over your FIAT when you where doing a trade , you also told him it failed the NCT.

    ITs simple, if you have to bring the car back for some reason just ring a solicitor and see where you stand.

    You could always name and shame the Dealer if you want ;)


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