Bought used car and having a problem....

[Magoozle]

Hello there I have a small problem im hoping you can advise me

 

My dad (trusting as he is) purchased a Renault grand espace 05 plate 120k from a used car dealer on 05/10/12

Now the car drives fine however it has a very loud whistle under acceleration, he was told after placing a deposit that a new turbo was going to be fitted and all would be good when he came to collect.

 

He picked the car up yesterday and the whistle is still there, the seller claims it's just due to it being new and will go away in a couple of weeks and won't talk about it anymore, I know this is rubbish having previously worked as a Renault service manager.

I've done a fair bit of googling and all the Renault forums (and a couple of RTE's i know) say the turbo is about to expire, a very expensive job.

 

So i'm wondering what his rights are here, can he return the car now demanding it be fixed or a refund issued? or does he need to wait till the turbo expires? (is there a time limit on these things?)

 

Thanks for any advice

 

James

[heliosuk]

If you worked as a Renault Service Manager then you should know how to deal with this!

 

He has to allow the dealer three opportunities to fix it for a start before rejecting the car. If he does reject then it has to stay on the drive and not be used until the dispute is resolved.

 

Best bet is for you knowing the in's and outs of the issue to go along.

 

The dealer though would be quite within their rights to ask for a contribution to the repairs as you will havea significant betterment on the car. Reality is, if he knows his stuff he will ask for or attempt to ask for in excess of 90% as it is at the end of it's usefull/design life.

 

He can only though ask this for the part content of the cost, not the labour as he'd have to pay for that anyway.

 

However, you could reject immeadiatly under breach of contract in that the deal was struck on the basis that the issue was not there. There is a difference between breach of contract and what SOGA states.

 

So you have a two edged sword to go in on. I wouldn't rely on SOGA myself as it is too long winded and open to misinterpretation.

 

Go back with him to the dealer and explain what you know, i.e. the only way to cure is a new turbo and give them the get out of jail card in that refund now or else.

[Conniff]

The dealer though would be quite within their rights to ask for a contribution to the repairs as you will havea significant betterment on the car.

 

I wouldn't agree with that:

 

he was told after placing a deposit that a new turbo was going to be fitted

 

If the fault appeared after purchase, maybe, but not when informed at purchased that it will have a new turbo.

[Isiris]

 

The dealer though would be quite within their rights to ask for a contribution to the repairs as you will havea significant betterment on the car. Reality is, if he knows his stuff he will ask for or attempt to ask for in excess of 90% as it is at the end of it's usefull/design life.

 

WHAT

They havent had the car a DAY and you think the garage should only contribute 10%

[Conniff]

What's happening, has the seller been approached ?