Used car from dealer warranty question

squarehead94

squarehead94

squarehead94

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Cumbria, United Kingdom
Quick one for any legal whizzes on here

Mate purchased a BMW 135i m sport coupe from a dealer in Birmingham. 3 month warranty included.

Only had it a month or so, and the turbo has gone. (Hes mechanically minded and knows the turbo has gone and the injector was stuck open) contacted and they agreed to fix no problems.

He lives 150 miles away and had to pay transportation costs. Im just wondering, is the cost of returning it to the dealer to repair the responsibility of the dealer or him? He paid it but im wondering if he has a right to ask for the cost of transporting it if he can provide a receipt and what not. What's the legal standpoint of this? Thanks.
 
I don't think there is a defined legal standpoint for this - it would come down to each party making their arguments for this.

Personally, I would argue that it is the dealer who should assume the costs of transporting the car back to their garage - or pay for a local garage to do the work. It is far more their issue, than it is your friends issue. I look at it in the same way as if I bought a big American fridge/freezer from a store and it breaks after a month, it would be their obligation to come round and collect it to repair/replace. Surely the exact same thing with a car?

You friend has now lost out on hundreds of pounds to transport a car which has failed due to no fault of his own.
 
That's what i thought - i don't think he's massively bothered as obviously he just wants his car back and after shelling out 12 grand on it he's biting the bullet at the £250 recovery fee he paid. I just thought, if there was a specific legal standpoint that he had, then he could state that when he picks her back up.

Thanks for your reply.
 
It's their issue - they pay. If he arranged however, unless they stipulated that he should arrange, then he might not get the full amount back as they could argue that if they had used their own transporter - then it would have cost less and so they are only liable to pay an amount equivalent to that (unless they asked him to transport)... did he not have AA/RAC/etc though?

Oh, and the car has 6 month warranty - not 3... all used cars purchased from the dealer come with a 6 month warranty by law. It's a little odd that some dealers advertise with only a 3 month warranty - I guess they are just banking on people who don't know their rights.
 
crinkleshoes said:
It's their issue - they pay.
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I'm curious about this one actually, it's not the dealers fault the buyer decided to buy a car from someone 150 miles away, say in an extreme example someone from the Shetland isles decided to buy a car from a dealer on the isle of Wight and it ended up having a fault, would the dealer be expected to cover the full costs to transport it all the way back down (and i assume cover the costs of returning it to the buyer)?
 
When I bought my last used car it came with a third party warranty, the car could have been fixed by any garage that the warranty company was happy with.
 
Haggisman said:
I'm curious about this one actually, it's not the dealers fault the buyer decided to buy a car from someone 150 miles away, say in an extreme example someone from the Shetland isles decided to buy a car from a dealer on the isle of Wight and it ended up having a fault, would the dealer be expected to cover the full costs to transport it all the way back down (and i assume cover the costs of returning it to the buyer)?
Click to expand...

Cars are designed to move around... even if the buyer lived next door to the dealer, there is nothing saying it will break down there - it could break down after a trip to Scotland.

If a break down happens in the first 6 months it is assumed that the problem was there at point of sale.

A number of warranties even give you a hire car while yours is in for repair...
 
I don't think it's unreasonable for a dealer to request the vehicle is returned to them at the customers cost. They are not selling the vehicle with a 24/7/365 4 hour support contract, they are merely obliged to repair any faults. You can mitigate this risk at reasonable cost with breakdown cover.

If the fault wasn't obvious upon purchase, and the dealer have agreed to repair it then the dealer has acted in good faith and I'd personally take the view its one of those things and I'd stand the recovery cost.

Perhaps a happy medium would be if they arranged for this car to be returned to him afterwards? Asking people to do something rather than for money tends to be better received.
 
blueboy2001 said:
I don't think it's unreasonable for a dealer to request the vehicle is returned to them at the customers cost. They are not selling the vehicle with a 24/7/365 4 hour support contract, they are merely obliged to repair any faults. You can mitigate this risk at reasonable cost with breakdown cover.

If the fault wasn't obvious upon purchase, and the dealer have agreed to repair it then the dealer has acted in good faith and I'd personally take the view its one of those things and I'd stand the recovery cost.

Perhaps a happy medium would be if they arranged for this car to be returned to him afterwards? Asking people to do something rather than for money tends to be better received.
Click to expand...
indeed, you wouldn't get your £3 parking refunded if you took a faulty toaster back to Argos.
 
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