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I bought a car from a garage with a three month warranty. The car has been back to the garage three times now as the sunroof leaks. Can I get my money back?

I bought a car from a garage six weeks ago and it had a three month warranty. I have had to take the car back three times because the sun roof leaks whenever it rains, which has resulted in the seats and the head lining becoming stained. There was no evidence of this when I bought the car. The garage now says that it is not responsible for the repair of the sunroof. Can I get my money back because every time it rains I get wet?

Under the Sale of Goods Act a car should be fit for purpose when sold. If the defect occured within six months of purchase the onus falls on the seller to prove that the problem did not exist at the time of purchase. You consequently may have a good claim for the cost of repairing the roof properly and removing the stains from the upholstery, although the Court will look at the age, model and condition of the car. Obtaining a full refund is also possible although less likely.

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by mariam — last modified 2008-09-08 09:47

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