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Consumer law with buying used car from dealer over manufacture warranty.

Skylarking

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TGR, just to elaborate a little more, an engine failure that renders the vehicle inoperable an on.y be classified as a major failure under ACL. This means the buyer can choose their preferred remedy of either repair, replacement or full purchase price refund. It doesn’t mean the buyer has the choice of who will repair the defective product should they choose a repair (as the seller may have their own mechanics on staff so they can repair it more cheaply, of just make a cheaper repair...)

What works in your favour is that it’s only two weeks since purchase and you didn’t get the vehicle inspected before your purchase (ignorance can be is useful). But what can really undo an ACL major failure claim is if any written report was provided to you before you took possession of the vehicle with respect to the vehicle defects you listed must be rectified.

Dealers can be really slimy buggers as they know the law. If the seller provided a written report listing no noise found during roadworthy inspection and also wrote that such noises are common for vehicles of this age, then your ACL claim could be scuttled before it leaves port (since you accepted such a possible defect once you took possession). If they only wrote no fault found and the rest was verbal waffle, then you are in a better position to make a major fault claim.

(It may also depends on what the normal going price is for your vehicle you purchased. If you got it for much less than the going rate, the reason could be construed that it was due to it being old and tired...)

Ring CAV and outline the written conditions around your purchase and what has occurred after just 2 weeks and they should be able to provide advice (though quality of staff can be vary).
 
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shane_3800

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A road worthy certificate is not a pre purchase inspection. A road worthy inspection only looks at factors of the car that make it "road worthy" a ticking lifter has nothing to do with the cars road worthiness.
 

Skylarking

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@shane_3800, correct in that a RWC is not a pre purchase inspection. Never said it was...

But if the RWC has comments that addresses the concerns raised by the purchaser, in written form, and that was brought to the attention of the purchase before he drove off in the car, that may be enough to define those non roadworthy defects as accepted by the purchaser (as seen by ACL)...

It’s a tough situation and IMO smacks of some level of dishonesty from the seller, so if a tribunal judge see it as a purchasers acceptance of a defect you‘d be screwed... could go either way so some legal advice is needed...
 

Not_An_Abba_Fan

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The lifter noise was noted on the inspection. A couple of weeks later the lifter failed. The fact that they specifically said lifter noise should work in your favour and they will be obliged to fix it.
 

J_D 2.0

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No I didn’t as when I purchased it i was told it was going for a roadworthy and any defects I listed would be repaired and if any major faults were found they too would be repaired. I listed four. Three were fixed and was told the other was a noisy lifter (common on those models) and that it was not nessasery to replace it. Two weeks on I’m in this mess. Surly having been looked over and cleared for road use something so major to go wrong in two weeks of buying it has to be covered by something. I remember when I brought my other car two years ago the car yard gave me 30 days that if anything went wrong they would be liable to fix. Doesn’t this apply to all secondhand car dealers ?
The common perception (misconception) among people is that a roadworthy will point out any mechanical issues with the vehicle. This isn’t how a roadworthy works. The roadworthy only checks the items related to safety for the vehicle to operate on the road (lights, brakes, suspension, steering, etc.

The car could have a death rattle in the engine pointing to its imminent failure but it will still pass the roadworthy as it’s still safe to use on the road! It always pays to get an independent mechanic to check the vehicle over to find the stuff that they don’t look for or care about for the roadworthy.
 

Vin999

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Being as mine is 14 years old and done 215,000km it’s well over. Even then surly I have some sort of coverage for major faults like the one listed.
The mileage and wear and tear is the issue as in noisy lifter which was said to be a common issue with the motors and you bought the car with the issue knowingly and you stated there is no consumer law for cars over 10 years and/or mileage

You didn't have a major failure like the lifter seized and motor threw a rod and the valve stuck open and hit a piston and caused engine to fail.... sounds more like the lifter got a bit noisier after and a quote to fix it was alarming, I presume your still driving car around.

Common sense would say your in the same boat as if you bought car in a private sale.. its buyer beware, hence why inspections are vitual before trading any money, no consumer law or ACL is applicable to help you in your situation.

Unfortunate but similar things have happened to all of us, that's how we learn, either put up with noise, change to different oil to quiten or go forward and renew engine parts, at 215K mileage engine could do with a freshen up if inside condition ok. Don't go down the legal root as that means money outlay, stress and b/s for a no win situation, spend those funds on on getting issue fixed and enjoy the car you bought. Don't take this the wrong way just showing what is....is and no gov agency is gonna do anything for you except yourself.
 

Ginger Beer

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Throw some engine oil flush in, drive around for 10 minutes, then drain and put some 40w oil in it.

Post results

When purchasing old used cars it is buyer beware

Either have the issues fixed prior to purchsse, or, don't buy a old used car with know issues that you are not willing to pay for out of your own pocket
 

Skylarking

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... no consumer law or ACL is applicable to help you in your situation...
It is yet to be defined in any legal ruling whether a “Used Car Statutory Warranty trumps ones ACL Statutory Warranty rights.

As is, the aspiring purchaser raised an issue and was told it would be checked and rectified by the mechanic when the roadworthy was being done. That check was done (a seperate activity to the roadworthy) and it was reported as a normal issue, nothing to worry about, they all do that... The purchaser took delivery and then things went pair shaped...

In law, it’s not always buyer beware as a seller representations is absence of any purchaser checks can carry some weight.

As is, @TheGrimReaper needs to talk to CAV and clarify his rights w.r.t ACL, what if anythin* yje dealer is up for and whether there is any interrelationship between ACL and the Used Car Stat Warranty.
 
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