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Taking legal action against a car dealership

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  • 24-06-2015 11:40am
    #1
    leuler
    Registered Users Posts: 224 ✭✭


    Hi,

    Has anyone ever taken or would know what is involved in taking legal action against a car dealership under the Sale of Goods Acts 1893-1980?

    I have a problem with a car which the dealership will only give me partial cover for the repairs under what they call goodwill. It is out of warranty but it has what I would consider a manufacturing fault in the car.

    Thanks in advance.


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    #2
    Menas
    Closed Accounts Posts: 12,318 ✭✭✭✭Menas


    I dont, but would recommend that you try to establish if what you consider a manufacturing fault is something that could reasonably be considered a manufacturing fault by a court.

    You will save yourself money, frustration and effort that way.
    Perhaps post details of the fault here, or better, in the cars and motors forum on boards?


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    #3
    mordeith
    Registered Users Posts: 5,278 ✭✭✭mordeith


    Correct me if I'm wrong but if it's out of warranty does the seller have no more obligation? Would you have to go straight to manufacturer?


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    #4
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    mordeith wrote: »
    Correct me if I'm wrong but if it's out of warranty does the seller have no more obligation? Would you have to go straight to manufacturer?
    The legal obligation is always on the seller. However if you make a claim within the T&Cs of the guarantee then the manufacturer must honour it. You can make the warranty claim through the seller who must then handle the warranty claim as if they were the manufacturer.


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    #5
    draiochtanois
    Registered Users Posts: 2,655 ✭✭✭draiochtanois


    This post has been deleted.


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    #6
    leuler
    Registered Users Posts: 224 ✭✭leuler


    The reason why I say I would consider it a manufacturing fault is that the car is 4 years old and requires a new engine. It appears to be a common fault with this particular engine with lots of incidents reported online in both the UK and the rest of Europe.
    There are also references to it in the boards motoring forum.
    I really don't want to go down a legal route for a number of reasons but I am finding it hard to take that I have no other comeback.

    I suppose I would like to know if anyone else has ever taken action in a case like this and if they got any satisfaction.


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    #7
    brocky
    Registered Users Posts: 27 ✭brocky


    leuler wrote: »
    Hi,

    Has anyone ever taken or would know what is involved in taking legal action against a car dealership under the Sale of Goods Acts 1893-1980?

    I have a problem with a car which the dealership will only give me partial cover for the repairs under what they call goodwill. It is out of warranty but it has what I would consider a manufacturing fault in the car.

    Thanks in advance.

    You have said yourself.... it is out of Warranty why do you feel the garage should extended the warranty which I assume was agreed to by both parties? How can the garage that sold you the car be held responsible in anyway for the engine going in the car. I think any offer from the garage to cover any damage that is out of the agreed warranty be it goodwill or other is a nice gesture

    just my taughts


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    #8
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    brocky wrote: »
    How can the garage that sold you the car be held responsible in anyway for the engine going in the car.
    Under consumer law the seller (garage) is responsible for any contract non-conformance (eg defect) which existed at the time of delivery to the consumer. This applies equally to a car as it does to any other consumer item.
    The defect doesn't even have to be apparent at the time of delivery, even a defect which only manifests itself sometime later it could still be covered.

    As for the warranty, it doesn't matter if the manufacturer's warranty expires or not, the seller can still be held responsible.

    The problem with motor vehicles is their complexity and nature often makes it difficult to determine if the problem was actually there at the time of delivery or not. Often the value of a claim usually make worthwhile for the seller to fight against.


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    #9
    brocky
    Registered Users Posts: 27 ✭brocky


    slimjimmc wrote: »
    Under consumer law the seller (garage) is responsible for any contract non-conformance (eg defect) which existed at the time of delivery to the consumer. This applies equally to a car as it does to any other consumer item.
    The defect doesn't even have to be apparent at the time of delivery, even a defect which only manifests itself sometime later it could still be covered.

    As for the warranty, it doesn't matter if the manufacturer's warranty expires or not, the seller can still be held responsible.

    The problem with motor vehicles is their complexity and nature often makes it difficult to determine if the problem was actually there at the time of delivery or not. Often the value of a claim usually make worthwhile for the seller to fight against.

    But im wondering if this is a general car dealer or lets say a main dealer. the main dealer will act of manufacturer warranty but in my experience from buying cars there is usually only 3 months engine and gearbox from a car dealership if you get me. but again as you say nobody can tell if the problem was there when the car was bought. I'm wondering if op had a mechanic look over the car before the sale was agreed.


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    #10
    Jayop
    Closed Accounts Posts: 17,388 ✭✭✭✭Jayop


    A four year old car shouldn't be losing an engine. If you bought it from a main dealer then the manufacturer would probably consider some goodwill payment towards the cost of the repair, perhaps matching what the dealer will pay. You'd want to have your service record 100% up to date though as they'll be asking to see that.


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    #11
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    brocky wrote: »
    But im wondering if this is a general car dealer or lets say a main dealer. the main dealer will act of manufacturer warranty but in my experience from buying cars there is usually only 3 months engine and gearbox from a car dealership if you get me. but again as you say nobody can tell if the problem was there when the car was bought. I'm wondering if op had a mechanic look over the car before the sale was agreed.
    It doesn't matter if the car dealer is a main dealer or not, he is still responsible for undeclared defects existing when he sold it. You have the same consumer rights when buying a used car as you do when buying a brand new one. A seller's or manufacturer's warranty is optional and is in addition to these right, your statutory rights are there by law and don't expire with the warranty (if any is given).

    Even if the OP had the car examined that doesn't necessarily absolve the seller. If the defect was detected or obvious enough that it ought to have been detected at selling time then it's the buyer's tough, but if it was a hidden defect or one that had not manifested until sometime later then the OP may have a case. Proving it would be the difficult part.


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    #12
    brocky
    Registered Users Posts: 27 ✭brocky


    slimjimmc wrote: »
    It doesn't matter if the car dealer is a main dealer or not, he is still responsible for undeclared defects existing when he sold it. You have the same consumer rights when buying a used car as you do when buying a brand new one. A seller's or manufacturer's warranty is optional and is in addition to these right, your statutory rights are there by law and don't expire with the warranty (if any is given).

    Even if the OP had the car examined that doesn't necessarily absolve the seller. If the defect was detected or obvious enough that it ought to have been detected at selling time then it's the buyer's tough, but if it was a hidden defect or one that had not manifested until sometime later then the OP may have a case. Proving it would be the difficult part.

    I see, it will be a very difficult thing to prove, but hopefully it works out for the op


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    #13
    Oral Surgeon
    Registered Users Posts: 3,240 ✭✭✭Oral Surgeon


    Is the car 4 years old and you bought from new or did you buy it recently second hand??
    The garage can't take responsibility for a cars inner workings forever, sure an engine should not go in this timeframe but there are other variables here.
    What mileage is on the car?
    Is someone driving it like they stole it??
    Is it doing multiple very short journeys??
    Has it been serviced properly and frequently with the correct oil?
    Are you filling it up with washed diesel, knowingly or unknowingly??
    Etc etc....

    leuler wrote: »
    The reason why I say I would consider it a manufacturing fault is that the car is 4 years old and requires a new engine. It appears to be a common fault with this particular engine with lots of incidents reported online in both the UK and the rest of Europe.
    There are also references to it in the boards motoring forum.
    I really don't want to go down a legal route for a number of reasons but I am finding it hard to take that I have no other comeback.

    I suppose I would like to know if anyone else has ever taken action in a case like this and if they got any satisfaction.


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    #14
    soc
    Registered Users Posts: 488 ✭✭soc


    When a dispute arises with a car dealer, you should raise the issue with SIMI first (assuming dealer is a member) before going down any legal route:
    http://www.simi.ie/Consumer+Information/Consumer+Services/Contact+Complaints+Service.html

    Had a dispute many many years ago with a dealer, and SIMI ruled in our favour and dealer had to take back car. It can be a bit long-winded, but so is legal route, and this can save you some money.


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