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Dodgy car unfit for road

  • 20-01-2010 6:21pm
    #1
    lemon head
    Closed Accounts Posts: 76 ✭✭


    guys,

    Wondering if you can tell me if i have a leg to stand on. My brother purchased a car abt 1 months ago in wexford. The car is a fiat stilo i think, it was priced at 2400 approx but his limit was 2000. dealer offered 1800 but without a NCT which he accepted bearing in mind he already tested the car and felt it was good enough at the time.Cash was exhange and he forgot to ask for a warranty.
    1 month later, clutch was damaged. local garage repaired and said it was the worse clutch he had ever seen and shd have been unfit for the road. Also found out the wheel is wonky! Estimate work by the garage was 700 .He needed to repair it b4 the NCT.
    What can he do here, can he bring the car back and say it was unfit to use on the road...does he have any legal stance or even comsumer right!


Comments

  • #2
    fullstop
    Registered Users, Registered Users 2 Posts: 11,500 ✭✭✭✭fullstop


    How the hell do you forget to ask for a warranty? It's one of the most important things when buying a car.


  • #3
    lemon head
    Closed Accounts Posts: 76 ✭✭lemon head


    lol..I didnt forget..it was my brother. I just simply gave him a lift to the place. and i wasnt around when they did the paperwork


  • #4
    no1beemerfan
    Closed Accounts Posts: 1,714 ✭✭✭no1beemerfan


    lemon head wrote: »
    guys,

    ....1 month later, clutch was damaged. local garage repaired and said it was the worse clutch he had ever seen and shd have been unfit for the road. Also found out the wheel is wonky! Estimate work by the garage was 700....

    What do you mean clutch was damaged? Could you change gear?

    Also what do you mean wheel was wonky? Buckled? Or something else?

    Clutch usually isn't covered on a warrenty and it shouldn't cost €700 to replace a clutch!


  • #5
    anon11
    Closed Accounts Posts: 131 ✭✭anon11


    Maybe your brother needs a driving lesson lol:p


  • #6
    slimjimmc
    Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    Section 13 of the Sale of Goods and Supply of services Act, 1980 protects you if you unwittingly bought a car which was dangerously defective. It does not protect you if you knew when buying it that the car was unsafe.

    The first thing to find out is... is the car a danger to the public including occupants.
    If it is unsafe then it is up the the dealer to prove it was safe when he sold it to your brother or prove that your brother knew it was unsafe but accepted it anyways.

    If it's not deemed unsafe then caveat emptor (tough sh?t in layman's lingo).

    PS: I don't know who would have to do the inspection, perhaps a registered motor engineer.


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  • #7
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    sold without an NCT? I reckon thats the same as buying "sold as seen without warranty" in which case "buyer beware" definately applies.


  • #8
    colm_mcm
    Registered Users, Registered Users 2 Posts: 73,478 ✭✭✭✭colm_mcm


    yep. an NCT is €50, your brother got €600 off. that would imply to me that the car wasn't gonna be covered.


  • #9
    mickdw
    Registered Users, Registered Users 2 Posts: 23,469 ✭✭✭✭mickdw


    Your bro needs to get real. The asking price was 2400. He could have bargained with the dealer but instead, the dealer offered him the car at 1800 and clearly stated that there was no or would be no NCT. You bro took the car under that understanding and imo at that point took responsibility for any costs associated with getting it through the nct. The fact that they didnt even discuss warranty further clarifies that it was sold as seen. The law does seem to allow a dealer to do this provided the buyer is fully aware of that fact. In this case, you brother was aware that he was buying the car at a reduced rate due to its not being certified to be roadworthy. No comeback imo.
    In any case, it would be hard to get any garage to fit a new clutch under warranty. Your brother could quite likely have worn out the clutch completely in 1 month if he isnt driving properly. and as for the wonky wheel, if you mean a bent rim, well noone is going to cover that under warranty


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