Volvo Owners Club Forum - Where do I legally stand?

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- XC90 '02–'15 General (https://www.volvoforums.org.uk/forumdisplay.php?f=37)

- - Where do I legally stand? (https://www.volvoforums.org.uk/showthread.php?t=297573)

Quote:

Originally Posted by barrybritcher (Post 2559216)

Sale of goods act. If you buy from a trader the goods have to last a reasonable amount of time. A few months is not reasonable. There is no legally defined time. Eg a tomato you would expect to be good for a few days. A stainless steel table - a few years

SOGA hasn't applied for 4 years...

Quote:

Originally Posted by Bonefishblues (Post 2559226)

SOGA hasn't applied for 4 years...

It still does... but only on transactions completed on or before 1st September 2015 which is clearly not relevant here.

It was superseded by the Consumer Rights Act.

Quote:

Originally Posted by Tannaton (Post 2559236)

It still does... but only on transactions completed on or before 1st September 2015 which is clearly not relevant here.

It was superseded by the Consumer Rights Act.

If we want to be picky it's still actually in force for B2B and C2C transactions, but this is B2C, and my point is correct.

Quote:

Originally Posted by CondorXC90 (Post 2559218)

I have a less serious but similar issue - bought my 2008 XC90 from a small local independent dealer only three weeks ago - it drives very well, dealer has sorted several minor issues I noted at the time of sale as well. BUT I noted that the hand / footbrake does not hold the car at all, not even slightly. The car was MOT'ed on 10 September.......no advisories. Checked online. It has failed in the past on the hand / footbrake, 2015 I think, on checking MOTS.

I contacted the dealer in writing about this and was told it was a "known problem" and "all xc90'S have this problem", he then contacted me to say the local Volvo specialist (he gave their details) had advised there was an "upgrade" available. (but did not offer to pay for it to be done.).

Surely the parking brake has to work to at least minimum MOT standard? It does not work at all.........am I right in thinking the dealer has to repair this or that I can take it elsewhere to be repaired and claim the cost back from him? Is it worth all the hassle?

Yup, get back onto him and ask that he carries out a suitable repair at no cost to you. It may help to mention the Consumer Rights Act, but he may not know about it/choose to ignore you. Either way, get it in writing that he refuses to remedy the fault and then get it fixed yourself before chasing him for payment. Worst case scenario is that you'll need to chase him through the small claims. A 'Simple Procedure' for claims of less than £5K is around £100 to lodge.

Quick update on this thread - the handbrake was completely redone by an independent Volvo specialist at no cost to me (selling dealer paid the bill) and then two weeks later he paid for a brand new intercooler as that was leaking........so i am happy with the dealer and would recommend, actually, he has been good about the repairs despite being a little cagey initially.