Advice needed on pre-existing fault on vehicle

[Sham83]

hi- since buying the car a few weeks ago I got it checked out by an independent. It turns out that I have a leaky gasket on the cam cover. It is still in the early stages but obviously my concern is that it will inevitably get worse over time and need replacing which will be costly not to mention dangerous.

I have gone back to the dealer on this stating that it is a pre-existing fault and should have been caught and remedied by them before selling the car to me. While they have not definitively refused yet (they are pushing back saying that it is a monitor action thus implying its not eligible under warranty) I just want to know what my rights are.

From my perspective, I paid top dollar for the car and they told me there were no advisories. Therefore, I think it's not unreasonable, and within my legal rights, for me to ask them to pay for the repairs. I of course expect nothing less than the dealer to try and worm their way out of paying for it, but I am quited peeved about this, understandably. What do you guys think?

 

[Trev Latter]

I'm no expert, but was the inspection conducted before you purchased the car and were the faults pointed out prior to delivery? If so, I wouldn't think it unreasonable to request the repair being carried out. If not, perhaps a negotiation and a compromise regarding the cost to repair may be? I think the key thing here is to open a channel of communication with the dealer and keep any rights issues as a last resort. Most dealers wouldn't want their reputation tarnished over something that could be amicably resolved, which is always going to be the best outcome for all.

 

[allandwf]

I think you can try, but unless it was a pre purchase inspection , it is just one of those things. Gaskets leak, tyres and brakes wear. Not sure how a leaky cam cover gasket is dangerous though.

 

[Felonious Crud]

Agreed that it's not dangerous but it won't get any better and will need doing before too long. The question, is, is it just a seep or is it actually dripping? Mine took about 5k miles to go from "Hmm... worth keeping an eye on" to "Bugger. Better get it done."

 

[Sham83]

thanks for the posts guys. I think it is a seep at the moment but told that it may need replacing at the next service. unfortunately I caught it after delivery and then got a post inspection. I would have thought a reasonable dealer would get the repair done and accept it as the cost of doing business, especially as I paid full asking price. I took them on trust when they said they had health checked the car and there were no advisories.

 

[StuartW]

I would expect them to rectify it for you, being a dealer and paying full price. Good luck, I hope that there is a positive outcome

 

[hodroyd]

If they gave it a health check and reported nothing, they have missed it and now want you to pay for their mistake. Tell them they can take the car back and give you a full refund, as the car is not as described to you and has a health issue that was undisclosed, see what they say..??

 

[Sham83]

problem is, I want to keep the car, but I just want them to fix the bloody faults (there's more than one now, in fact it's a list).

I think it's well within my rights under the sale of goods act to request this, not to mention under warranty...

unbelievably, the dealer who is quibbling with me told me that he reserves the right to reverse the deal if we can't resolve the matter- is that even allowed??

I forgot to mention he initially sold me an unroadworthy car with tyre tread below the legal limit and I had to get them changed after I was told post delivery.

 

[midlifecrisis]

Did you point out the tyres on your initial inspection or delivery?

 

[hodroyd]

If the issues are fixable, which I assume they are, but the dealer is simply refusing to fix them, then just pass it over to Trading Standards, let them get involved in sorting it..!!

 

[midlifecrisis]

The phrase you are looking for is 'a latent fault'. We've used it at work to describe a preexisting issue that didn't appear until after the warranty expired hence why they should honour the contract of the warranty even though it was expired. We managed to swing it as reputation of the supplier was at stake.

 

[Contigo]

Sales of Goods Act "fit for purpose" and selling a car with borderline legal limit tyre tread is certainly comes under that. It's not your job to prove to the dealer that the cam cover was faulty upon purchase but for them to prove it wasn't and they have sod all chance of doing that. Tell them you like the car but feel that the vehicle is not up to the quality that you would expect and then give them the list of things. If they kick off then quote the SOGA 1979.

"When you buy a used motor vehicle from a trader, you enter into a legally binding contract. You are entitled to expect that the vehicle is of satisfactory quality, fit for purpose, and as described. An older vehicle with high mileage may not be as good as a newer vehicle with low mileage, but it should still be fit for use on the road and in a condition that reflects its age and price.

If the used vehicle is faulty, you have a short time after buying it to reject it for a full refund. You may have other remedies such as repair or replacement. You should write to trader you bought it from, confirm the details of your complaint and the remedy you are seeking and keep copies of all correspondence. As a last resort, you may need to consider taking court action. Bear in mind that used vehicles may have some faults, but they should not be excessive. Fair wear and tear is not considered to be a fault.

The law
When you buy a used vehicle from a trader you are making a legally binding contract. You have legal rights against the trader under the Sale of Goods Act 1979.

The vehicle should be:

- Of a satisfactory quality - free from minor defects, safe and durable for a reasonable length of time. When assessing satisfactory quality you should take into account the price you paid for the vehicle, its age, mileage and condition at the time of sale.

- Fit for its intended purpose or a purpose that you made known to the trader - fit to be driven on the road.

- As described - the vehicle should correspond with any description applied to it. In some circumstances, the trader may be liable for any statement made by the manufacturer of the vehicle.

If the vehicle is faulty , you are legally entitled to request one of the following remedies:

a full refund
compensation (damages)
repair or replacement
rescission or reduction in price"

http://www.tradingstandards.uk/cgi-bin/glos/con1item.cgi?file=*ADV0003-1011.txt

 

[Guest 1678]

problem is, I want to keep the car, but I just want them to fix the bloody faults (there's more than one now, in fact it's a list).

I think it's well within my rights under the sale of goods act to request this, not to mention under warranty...

unbelievably, the dealer who is quibbling with me told me that he reserves the right to reverse the deal if we can't resolve the matter- is that even allowed??

I forgot to mention he initially sold me an unroadworthy car with tyre tread below the legal limit and I had to get them changed after I was told post delivery.

Reverse the deal is interesting - I know if you buy on finance you normally get 1,000 miles and 30 days. Not aware the dealer has such recourse. Also, the title rests with the finance company and I am not sure the dealer has any ability to 'repossess' without their explicit instruction.

I had a weeping head gasket - about £250 parts and labour.

Highlighting the behaviour of the dealer on this thread can also sharpen their response. I know when dealing with a dealer in my area they monitored the 'social media' feeds. They are aware of the bad press. This has been heightened by Ferrari's 7 year servicing deal. Workshops are now desperately trying to bring the older cars back in and as Maserati do not have a similar servicing deal.

 

[StuartW]

This is such a bad experience for the first time in the brand too - very poor after sales for sure.
I hope that this eventually gets sorted to your satisfaction

 

[allandwf]

I agree a bad experience. A pre purchase inspection, on hind sight, should have shown up most of the faults. If I read correctly, the car was bought from dealer who said it was good, then an inspection was done after purchase which revealed problems, now dealer is "negotiating" on fix?

 

[Sham83]

I'm speaking to them again today, they have been avoiding me! so far I have not named and shamed the dealer but believe me if these issues are not resolved I will be reporting them!

I'll update you on progress but the crux of it is, they sold me a car for which I paid full asking price and told me it had been health checked with no advisories. they also told me tyres had been changed recently and passed the MOT. when I got it home it was revealed that the tyres hadn't in fact passed the MOT and needed replacing ASAP (suspect Mot centre passed on proviso dealer changed them). they paid for this without quibble but it was a huge inconvenience to me and I lost trust in them. subsequently I noticed some signs of oil in the engine bay. so while I had the car in I paid for a health check of
my own as peace of mind and to highlight any faults while it was under warranty. that's when the gasket leak showed up
(and a number of other items). I reported these to the dealer swiftly a few weeks ago and since then they have been dodging me.

it has been nothing but hassle and expense since I got the car and I've barely had a chance to enjoy and revel in it.

 

[Needamaser]

Dealer you bought from seems to specialise in Porsche and perhaps inexperienced in Maserati?
From memory you traded in the Exige.
Do they still have it?

 

[habanero]

I don't want to be the bearer of bad news but all these issues should have been checked pre-purchase. We've all done it, heart rules the head. My old 996 Turbo cost me £12k in 2 years because I didn't get it inspected before I splashed out.

The dealer, whilst morally liable, can pretty easily worm out of the issues you have raised.

Get the issues sorted elsewhere and don't ever let the supplying dealer touch your car again.

 

[granturismo]

I don't want to be the bearer of bad news but all these issues should have been checked pre-purchase. We've all done it, heart rules the head. My old 996 Turbo cost me £12k in 2 years because I didn't get it inspected before I splashed out.

The dealer, whilst morally liable, can pretty easily worm out of the issues you have raised.

Get the issues sorted elsewhere and don't ever let the supplying dealer touch your car again.

to some extent you're right but on the other hand how far do you take it? would you take car pre-purchase to another garage and ask them to conduct service and inspection? There is only limited checks one can do and you'd think if you're buying high performance car for >£50,000 then supplying garage can rectify problems that were discovered shortly after purchase if they insist that car passed their inspection. Its not £4000 Skoda Fabia....

just makes me nervous when I'm going to be looking for mine considering I'm likely to buy it from down south and drive up to Scotland so weekly visits to the dealer to rectify issues are possibly going to be difficult.

 

[allandwf]

It's a lottery. I drove mine 570 miles home to Scotland , no issues, was high miles but drove all the better for it. Good luck in your search.