Car bought 3days ago off dealer/mechanic leaking water

xTanyax

Hi
I bought a Nissan primera 1.8 3 days ago 02 petrol. I only did 30 to 40 miles tops in this car. First day when I was driving it home It seemed to be going towards the high temp zone, then it went down, so I presumed it must be the fan kicking in. Second day I drove about 12 miles same thing, then yesterday whilst driving it it went into the high zone very near the red danger mark, I got worried, pulled over & let it cool down whilst I went to the garage to buy coolent. I put the coolent into the coolent refrigent where it has min/max, and filled it just below max. Tried car again, seemed to lower the temp, but after a few mins the same thing it started to rise into danger zone. Pulled the car in again & checked the coolent which had all leaked out! Edventually I got the mechanic to come & he said it was my problem that there was No water in the rad! How could the water dissapear from the rad soo quick!? He told me this car was "Perfect" with "Very good engine". Now this is supposed to be "my problem". As I've mentioned only 30+ miles has been done in this car. Now an orange light is staying on all the time. Do I have rights here? Please help! Thank you!!

colm_mcm

Have you approached the dealer in question?
Does the dealer have a premises, or just some guy selling out of his house?
Is the garage a member of the SIMI?
Did you get any receipt/docket




Check out consumerconnect.ie

Your rights depend on whether you are buying the car from a trader or from a private individual.

* A trader is generally referred to as a "dealer", and buys and sells cars as part of their business
* A private seller generally has only one car to sell, and is not selling it in the course of a business

In general, if you are buying a car for private use from a dealer, you are fully protected by consumer laws, which also give you the right to take legal action if your rights are not upheld.
Private sales

But the same consumer rights do not exist when you are buying a car privately, as the seller is not acting in the course of a business. So you need to be more careful and well informed before buying a car in this way.

Similarly, if you are buying a car/jeep/van for your trade, business or profession, you may not be covered by consumer law.


* It is an offence under both road traffic legislation and the Sale of Goods and Supply of Services Act to sell a car to a consumer which is not roadworthy
* The Sale of Goods and Supply of Services Act 1980 also requires that any car sold by a dealer - whether new or used - should be:
o Of merchantable quality (this means a reasonable, acceptable quality given what was said about it and taking into account the age and history of the vehicle)
o Fit for the purpose it is intended to be used for
o As described
o Roadworthy

t is an offence under consumer legislation to provide false or misleading information to consumers in commercial transactions.

A car dealer must not give misleading material information in relation to any aspect of the car, including its history (such as if the car has been in a crash or "clocked"), its specification, the need for any repair or other work required and so on.

A dealer must also not give misleading information about themselves, such as information about:

* Any after-sales assistance they will provide
* Any approval, authorisation or endorsement they claim to have
* Their commitment to a code of practice

Withholding, omitting or concealing any material information regarding the main characteristics of a car is also an offence. These offences amount to added protection for consumers if they already know what questions to ask.

Remember, though, that a private seller cannot be expected to know as much about the car as a dealer would, and consumer protection legislation generally does not cover private sales.

Muckie

Jesus, thats awful. If the mechanic/dealer who sold it to you

had any sense he'd apologise and fix the problem.

Could be the water pump or radiator or radiator fan at fault.

Had a similar problem turned out just needing to have the radiator

replaced and the system cleaned out.

xTanyax

Thank you for your reply Colm. Yes he does have a premises in which he works from. I'm not too sure if he is SIMI registered. He gave me the log book, which I signed my name address etc.. then he signed it & told me to post it But I still have it in my pocession. I got a verbal 1 yr warrenty on the engine. After many calls to him that day he came out and said, "aw you no water in engine" this is bad! But how could water leak or evaporate soo quickly!? He said it was Hot weather. I told him I put coolent into the coolent refrigerent (with yellow lid & min/max sign) & he tutted & said that could have caused the problem. I've to see him tommorow but I wish I had another Mechanic with me because I don't know anything about cars really! I didn't get the manual & I didn't expect to have soo much trouble less than 3days later & 30+ miles. DO I have rights here? Does anyone know a decent mechanic in south Dublin that could have a look at it first to see if there was a previous problem? I appreciate the help as I am totally gutteed here This is 2 Cars gone on me in 2 weeks!

xTanyax

Muckie wrote: »

Jesus, thats awful. If the mechanic/dealer who sold it to you

had any sense he'd apologise and fix the problem.

Could be the water pump or radiator or radiator fan at fault.

Had a similar problem turned out just needing to have the radiator

replaced and the system cleaned out.

Thanks Muckie, I know I'm totally gutted!! I know he is going to try and charge me tommorow! My head is really wrecked over it! He filled the rad up with water & just kept tutting! It was only when I told him that we had consumer rights in Ireland he came to see the car, his first reply was "Your Car Your Problem" Thanks again.

Big Nasty

I'm presuming this guy is a non-national by your replies. That shouldn't make any difference however it is all to easy to do the 'language barrier' thing whereby you just get pi**ed off and go elsewhere to get it sorted leaving him alone with your hard earned cash in your pocket. As colm-mcm has said if he is not a private seller you are entitled to receive any product in good mechanical order. You should insist on the car being repaired to your satisfaction or your money back. I would also threaten consumer affairs / small claims court etc - that should sort him out farly lively!

xTanyax

MCMLXXV wrote: »

I'm presuming this guy is a non-national by your replies. That shouldn't make any difference however it is all to easy to do the 'language barrier' thing whereby you just get pi**ed off and go elsewhere to get it sorted leaving him alone with your hard earned cash in your pocket. As colm-mcm has said if he is not a private seller you are entitled to receive any product in good mechanical order. You should insist on the car being repaired to your satisfaction or your money back. I would also threaten consumer affairs / small claims court etc - that should sort him out farly lively!

Yeah he is actually, he's korean & there is alot of the language barrier problems giong on now although his english was fine to begin with. He's trying to blame all this on me saying It was me putting coolent into the coolent resivior (Not too sure if anyone's familiar with the 02 Primera, but it has a coolent refrigerent, which I filled below max and he says that's what must have caused the problem!) I know I'm not going to get my money back because when I was in the carpark in sandymount, the 2nd one I accidently reversed/tipped into a bin, now there's a small dint on the back, only small though.. I know this of course is My Problem but the leak couldn't possibley be! Thanks for the help guys! Do you think it would be a good idea to bring a mechanic with me, if so does anyone know a good reasonable mechanic to come with me? Cheers everyone, I don't feel so bad now, I haven't slept a wink & I'm just sick with the worry!

-Chris-

OP, there should be no way your car lost enough coolant to need a top up in just 3 days.
Also, as long as you didn't top up past the "max" mark, then I don't see a way you could have damaged the engine.

If I were you, and based on the responses you've received so far, I'd be looking to hand the car back for a full refund - more to sever your relationship with this seller rather than to reject the car.

Involve an independant assessor, threaten to talk to your solicitor, etc. etc.
The longer you take to act and the longer you drive the car, the harder it will be to refuse the car.


DON'T DRIVE THE CAR until you know the issue is solved - if you drive without coolant, or in the knowledge that there's an issue with the coolant system, you'll become partially culpable for any damage done to the engine.

call d

Had similar problem with a guy in ballymount, SIMI registered, warranty etc, but when a problem came up got a terrible time off him, first he wasn't SIMI registered his mate was working out of same place, receipt had similar name to his mate so SIMI told me it's not there problem then he wouldn't even speak to me on the phone. In the end had to get a solicitor on to him and was fully covered by the comsumer law stated above. So I would advise you to just listen to what he has to say and commit to nothing on the spot as you are covered. Best of luck.

xTanyax

-Chris- wrote: »

OP, there should be no way your car lost enough coolant to need a top up in just 3 days.
Also, as long as you didn't top up past the "max" mark, then I don't see a way you could have damaged the engine.

If I were you, and based on the responses you've received so far, I'd be looking to hand the car back for a full refund - more to sever your relationship with this seller rather than to reject the car.

Involve an independant assessor, threaten to talk to your solicitor, etc. etc.
The longer you take to act and the longer you drive the car, the harder it will be to refuse the car.


DON'T DRIVE THE CAR until you know the issue is solved - if you drive without coolant, or in the knowledge that there's an issue with the coolant system, you'll become partially culpable for any damage done to the engine.

Thanks very much Chris! No I haven't drove the car since it happened! It's just lying up now. The main reason I bought the car off him was he was fixing my golf which needed a new thermostat, he charged 90 euro, A day later same problem so I got another 2 mechanics to look at it & was told it was a 2nd hand thermostat to og back to him. He said it wasn't & he got 3 month warrenty on it, he said he'd fix it but I'm still waiting on him to fix that too! I want to get the primera fixed 1st. I don't even think I'll let him near my golf! He told me he's working in his garage (which he rents I think) 3yrs now & always has satisifed costumers and has sold lot's of cars with No complaints! Could you tell me a little more about the independant assessor? Where would I find one (I actually haven't heard of that term before). Once again I thank you all from the bottom of my heart!

xTanyax

Thank you Call D, I will do that! It may be my only option now. Glad you got yours sorted! WIll let you know how it goes!

-Chris-

http://www.iaea-online.org/Ireland.asp?flash=YF

I used to used George Ballard a bit, he knows what he's doing.

mickdw

This guy is a joker. Blaming you for topping it up. He obviously knew about this problem because if he was genuine, he would have had to have a good look around to see what was wrong cause it could have been a €5 repair. It seeems this guy came out and just tried to blame you full stop.
Possibly head gasket is gone.
Get a solicitor quick and get money back

xTanyax

Thanks a million for the link Chris!
Mick D your right I'm sure him been a mechanic he must have known! I really didn't think he'd do this, he knew I had 4 kids & dependant on the vechical for taking the kids to school etc.. He was looking for 3,500, managed to get it down to 2,900, he said it was his own car. I'm really dissapointed in him & we're going to see a solictor. He wants us to bring it back tommorow to put it under the computer. Thanks again, your all Very helpful!

-Chris-

I don't think the computer will do anything for a leak. He's wasting your time.

Next time you talk to him you need to have a "heavy-hitter" on your side.

Whether this is an experienced mechanic with you tomorrow when you bring the car back to him, or whether this is a solicitor's letter or an assessor's report - make sure you have back up.

If you go there alone again you'll get jerked around and you'll be one more day further from being able to return the car.

xTanyax

-Chris- wrote: »

I don't think the computer will do anything for a leak. He's wasting your time.

Next time you talk to him you need to have a "heavy-hitter" on your side.

Whether this is an experienced mechanic with you tomorrow when you bring the car back to him, or whether this is a solicitor's letter or an assessor's report - make sure you have back up.

If you go there alone again you'll get jerked around and you'll be one more day further from being able to return the car.

Your right Chris, I have a feeling I will be just jerked around! I'm going to try get a mechanic first, then if things are bad a solictor a.s.a.p. I've Never gone through this kind of trouble before, it's awful Thanks for your help!

tempodublin

That is really awful! You should really ask and also expect him to fix the problem as that would be the common courtesy thing to do on his part. I also agree with an above comment about bringing a "heavy hitter" along with you when trying to rectify the problem. By checking out your consumer rights you should find that a product/service being sold should be in a fit/safe condition as described. Unless he told you when selling it that there was a problem, which i doubt he did, then you would def have a case. I would imagine that most mechanics would gladly oblige to fix the problem without any cost as most mechanics cannot face the prospect of bad word of mouth travelling around groups of car buyers about their cars and service. Hope all works out for you!

xTanyax

tempodublin wrote: »

That is really awful! You should really ask and also expect him to fix the problem as that would be the common courtesy thing to do on his part. I also agree with an above comment about bringing a "heavy hitter" along with you when trying to rectify the problem. By checking out your consumer rights you should find that a product/service being sold should be in a fit/safe condition as described. Unless he told you when selling it that there was a problem, which i doubt he did, then you would def have a case. I would imagine that most mechanics would gladly oblige to fix the problem without any cost as most mechanics cannot face the prospect of bad word of mouth travelling around groups of car buyers about their cars and service. Hope all works out for you!

Hello and Thank you, aw I was told it was a Perfect car, Great car, he said this was my own car, although it only had him down 3 months on the log book, although he does buy and sell cars. I'm actually trying to google for a "Heavy Hitter" to come with me tommorow But no luck!:( Does anyone know any?? Thank you all soo much!

AÆ

I would try not to worry.

Get a mechanic....probably best to get a mobile mechanic as u dont want to drive the car ( btw...if u do drive it and it overheats ..make sure to pull off the side of the road and turn on ur heater full power to avoid blowing the engine)

Find what the problem is first....and then get him to fix it....no real point in worrying until u know exactly what the issue is.

I blew an engine in an old merc because i was stupid enough to try to get home....my problem was just a simple radiator hose leak.....well...until i had a blown gasket aswell...

xTanyax

I'd just like to say a big Thank you to everyone who helped me out here, I would have been utterly lost! Also A Big Thanks to Shaun (Mechanic)in Limerick who was following the thread & was willing to help me out, unfortunetly he lived too far away.
Just a little update as to what's happening at the moment regarding the car. I edventually got a "Heavy Hitter" to come back with me, the mechanic wasn't expecting this as I could tell by his reaction, he also had a translator friend that just happened to be there too. My "Heavy Hitter" went straight in & asked him what was he going to do about the car, he was trying to say this & that about the coolent hymning and hauming.. etc..& pointing at different stuff in a different car. The guy with me just shook his head & said listen are you going to fix the car, he Really knew his stuff! (I couldn't Praise this guy enough, he was an absolute Godsend!..) This was been translated back & foward. His friend said staright away "Yes he will fix the car". Went back again today to get the Tempeture light knocked off, the mechanic was very very nice to me, ever since (well a couple of hours lol) car seems Perfect! So fingers crossed! I'm still qoing to have it checked out though, I have it booked in for next Tuesday, the guy recommended a pre-nct test it would be able to tell if there was something wrong. So I'm just hoping for an ok on that. Thanks again everyone for all the advise!

mickdw

that garage guy must be some asshole if the problem was that small that he could have fixed it already and still decided to mess you around so bad. Get it checked properly though.

Big Nasty

Well done Tanya!

Hope all works out good for you!

pred racer

MCMLXXV wrote: »

Well done Tanya!

Hope all works out good for you!

+1

xTanyax

mickdw wrote: »

that garage guy must be some asshole if the problem was that small that he could have fixed it already and still decided to mess you around so bad. Get it checked properly though.

Yeah I thought that too but the problem is still there! I had originally booked it in for a test tommorow to see if all is ok but I'm going to have to cancel that for now. Friday gone I noticed water coming out from under the engine again! I had a neighbour look at it & he said it was the water pump! I left it for the week-end, didn't drive & I rang him this morning & he told me to bring it down to him tommorow. I can't make out how he didn't notice this when he was under the car last week. It's really turning me off the car completley, even though it's a beautiful car! Would there be anything else he should be looking at/for aswell as the waterpump when he's under there? I really don't want to be back & forward all the time to him! I'm starting to think when I get everything done & then have it checked over by another Mechanic I may sell it..:(. Thanks again everyone for all the help you have given to me!!

-Chris-

At this stage, you'd want to start trying to hand the car back xTanyax - get an assessor to look at it, threaten legal action etc. etc.

He doesn't deserve your business based on that level of service.

xTanyax

-Chris- wrote: »

At this stage, you'd want to start trying to hand the car back xTanyax - get an assessor to look at it, threaten legal action etc. etc.

He doesn't deserve your business based on that level of service.

Really Chris.. Could I do that even though if he says he'll fix it? Also the bumb I made to the back of it while reversing in sandymount, it's not that bad though but the paint started to peel off & theres a wee dint, a mechanic looked at it & said it was already done! (Someone bumbed into something previously, but a good job was done on it) How much should I allow for it, The mechanic said 250 euro, but I got another quote for 120 euro. Once again I can't Thank you enough for all your help!!

fj1200

You'll find it very difficult to give a car back specially to a chancer as this guy seems to be. Simi are a waste of time also. Get somebody to confirm the pump is leaking and go back to said chancer, preferably accompanied by a male, and put it up to him. You want it fixed pronto! Pump is about €60 and a couple of hours labour. And don't waste money on pre-nct test.

xTanyax

Thanks FJ, You wouldn't believe it but I'm just after taking my golf to the shops and the blo**y thing started overheating! This was the 1st car I got him to fix for me, & he put a 2nd hand thermostat in it, (Got another mechanic to look at it & he told me & said to go back to him) then he replaced it with a new one last week & said all was ok. (This is all in the space of 2 weeks!) This is the 1st decent drive I got out of it & steam is coming out of the engine etc..I had to pull in & park it off about 2 miles away from my house. I just can't believe I'm having soo much bad luck!! So that's 2 cars I'm down now . Thanks for all the help!

-Chris-

If you keep driving it and it keeps overheating, you'll damage it and be faced with a large bill.

He's had ample opportunity to repair it, and he seems unwilling/incompetent.

Try and hand it back.

x in the city

Had only to see the line

"the hot weather" bit to know the car dealer is a cnut.

You should leave the car alone and get onto a solicitor.

Muckie

Jesus your in a world of hardships! So basically he's not bothering

to help you and you have no car at all. Just not right.

call d

Go the legal road you are fully covered, the longer this carries on the worse things get, another thing when you speak to the solicitor you must stress the car is DANGEROUS and you are afraid to drive it but stress DANGEROUS.