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Where do I legally stand?

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Old Aug 13th, 2019, 19:15   #1
Jimmy90
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Default Where do I legally stand?

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Purchased a XC90 from a dealer. Appears the steering rack is on its way out. I've taken it back to him (150mile round trip) just for him to agree with me although his mechanic has stated it's not an MOT failure so not his responsibility. He has agreed to pay 30% +vat towards the repair. Is this right or is he legally bound to pay more? Had the car just over a week covering 300 miles or so.

There is an issue with the handbrake too but he's agreed to cover the cost for that as it just does not work at all
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Old Aug 13th, 2019, 20:41   #2
Tannaton
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Can be a very variable area with used cars...

Do you have any legal protection policies on your home insurance or car insurance? You may be able to get free advice from a lawyer.

Essentially the car should be fit for purpose, but going through the process to hold the dealer to account can be more trouble than it returns.
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Old Aug 13th, 2019, 21:04   #3
john.wigley
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I'm not legally qualified, but doesn't a dealer have to supply a car that is both safe and fit for purpose under the supply of goods legislation?

A rack that is 'on the way out' may not be presently unsafe, but may shortly become so. I would ask the dealer to meet you half way on the cost of replacement as a goodwill gesture, but be prepared to accept his offer of 30pc - it's better than nothing.

It seems that he is prepared to accept responsibility for the handbrake, which is as it should be. My question to him would be why is it not working? Was it supplied in that condition? If so, why? Did you test drive the car prior to purchase? Did it come with a valid (preferably new) MOT?

There ARE steps that you can take if you are not satisfied, but as 'Tannaton' suggests, this can be problematic. Much will depend upon your determination and resolve.

Regards. John.
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Old Aug 13th, 2019, 22:17   #4
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You have the right to reject the car and get all of your money back if within the first 3 months a defect is identified and the dealer will not fix it.

Not sure of the right legal terminology but stick to your guns and make him pay for it all to be fixed.
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Old Aug 13th, 2019, 22:29   #5
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Thank you for your replies. I test drove the car but it was already warm so didn't get a change to feel the steering when cold. I tested it when warm and felt fine (although only driven one other XC90 before so hard to tell what's normal.
Mot is present and from end of June so just over a month old.

I want the car except for the couple of issues already but don't know where I stand on getting it fixed. I bought the XC90 as a safe run around for my partner and I plus my 3kids but appears may not be so safe at the moment!?

Who best is to speak to whether am within my right to negotiate a better deal than 30%? Citizens advice? I stretched my budget on the car. With a new babyŁ600+ may be a bit tight.

When I purchased it he said I get a basic 3month warranty but that this would only cover up toŁ300? Does this sound right for a dealer?
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Old Aug 13th, 2019, 22:30   #6
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Most 2nd hand car purchases come with at least a 3 month warranty could you not look to that for covering your repairs?
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Old Aug 13th, 2019, 22:31   #7
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I would get some proper legal advice ASAP and be prepared to return the car and get your money back. Time is of the essence however, and make sure you keep notes of all communication with the dealer. Dates, times, what was said and what was agreed. Emails are ideal for this as they’re automatically date stamped and obviously written rather than verbal. Good luck!
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Old Aug 13th, 2019, 22:33   #8
Jimmy90
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Quote:
Originally Posted by xco View Post
Most 2nd hand car purchases come with at least a 3 month warranty could you not look to that for covering your repairs?
That's why I've gone back to the dealer asking for them to deal as I assumed the three month warranty would be with him as apposed to an external company? Not sure how it all works. It's the first time buying a used car that's had an issue. I normally only have new cars play up.
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Old Aug 13th, 2019, 22:36   #9
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Quote:
Originally Posted by Whyman View Post
You have the right to reject the car and get all of your money back if within the first 3 months a defect is identified and the dealer will not fix it.

Not sure of the right legal terminology but stick to your guns and make him pay for it all to be fixed.
'A defect' is too broad. Here's a steering rack 'on its way out', but not unsafe, nor an MOT failure. I doubt there's a right to reject in these circumstances. If it worsened significantly over the next few weeks, then probably yes.

Overall I think that the offer made is okay, better still if, as suggested earlier it can be negotiated up to 50%
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Old Yesterday, 11:45   #10
05XC90
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How much is a second hand or recon unit going to be? I would like to think that his mechanic would fit and you'll not get charged for labour.

Handbrake is an xc90 issue as anyone will tell you, can be a pain to get sorted, if he has to replace the shoes make sure he uses genuine volvo ones or it'll never be right!

As far as the warranties go they can be a bit grey and vague. A mechanic friend had a car in with a turbo on the way out I think the bearing was starting to get noisey..…….it was still under warranty, guy brought it back and they wouldn't do anything as it was noisey and not broken as such. He said ok I'll bring back when it's gone "No sir, you have told us that you are aware that there is an issue with your car, if you don't address this and maintain your car correctly the warranty is void"
The warranty with mine a few years ago would pay up to the first Ł600 up to three times within the first 6mths, all depends what warranty the dealer pays for.

Total nightmare dude

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