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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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On the 11/11/20111 I purchased a second

Resolved Question:

On the 11/11/20111 I purchased a second hand BMW Z4, from a Dealer in Poole, that I have dealt with before. The car was advertised with details of a full specification. Within that specification, it included a Multi CD Changer. I eventually found that the Magazine for this changer was missing, and having purchased a replacement, I found that the Changer did not work. The Dealer introduced me to the Audio expert that they used, who condemned the unit and said, in writing, that in their opinion it would cost at least £450 to repair it, and in their opinion, not a route to follow. The Dealer then said that they don't guarantee, certain things on a car, under their warranteee! As they advertised the car with a CD Changer, and it transpired that it did not work, could I make a claim for the replacement/of the Unit or its equivalent, please? Ian XXXXXXX

Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

Thanks for your question.

If the matter is not covered under the warranty then you are looking at a civil claim under the sale of goods act.

The law states that up until 6 months after the sale of the vehicle, it's up to the dealer to prove that the fault wasn't there when he sold it to the purchaser. This is called the "Reversed Burden of Proof". They will know this and you can cite it to them if they claim "it's your fault"

If you bought from a dealer then they are bound by the term implied in to the contract under the sale of goods act legislation.

Go back to them, state that the car is not of a satisfactory quality under s14(2) Sale of Goods Act 1979 and that you require this specific issue of disrepair made good by them. Put this in a formal letter to them entitled “Letter before intended legal proceedings”. They must make the repair within a reasonable time. If repair is not an adequate remedy then you can demand a replacement from them.

If they are not compliant you should tell them you are prepared to make an application in the small claims Court and will also contact Trading Standards,, and Retail Motor Industry Federation (if they are a member,

Once they know you are aware of your rights, dealers tend to be more constructive in resolving these things

You can issue a claim yourself if you wish via

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Kind regards,

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