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We bought a car from an independent dealer but within 17 days it suffered a head gasket failure. The dealer wants us to contribute to the repair but surely the dealer is responsible?
We bought a car for £4,000 from an independent dealer. Within 17 days and with less than a 1,000 miles covered, the car suffered a head gasket failure. We returned the car to the dealer who informed us that he would only pay £250 towards the repair and we would have to pay £275 towards it. We thought our consumer rights would mean the dealer was responsible. We contacted Trading Standards and they side with the dealer claiming it to be "wear and tear". However, as I understand it a "gasket" is jointing material between two surfaces. Please can you clarify if we are right or wrong?
The Sale of Goods Act provides that a car must be of satisfactory condition at the time it is sold. If the car breaks down within 6 months of sale the onus falls on the seller to prove that it was of satisfactory condition when sold. The fact that the car broke down after only 17 days suggests that it was not. Whether the cause was wear and tear is immaterial. The ultimate relief you are entitled to under the Act is to reject the car and reclaim the purchase price. The Court however will award the buyer the cost of a repair as an alternative if that is thought a more reasonable award. I therefore think that you are entitled to the cost of the repair from the seller in full.
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