Car,not,fit,for,purpose

[ronandu]

I purchased a brand new car and within 5 miles of driving it the car broke down because of mechanical and electrical fault

Am I entitled to a like for like replacement or do I have to accept the car which is being repaired by the dealer who is also willing to extend the warranty by 2 years

[Conniff]

Are we talking a new car to you or a never been pre owned car from the dealer?

 

Do you know what the fault is?

[crem]

I purchased a brand new car and within 5 miles of driving it the car broke down

 

Are we talking a new car to you or a never been pre owned car from the dealer?

 

?

 

[Conniff]

We have had quite a few threads with 'brand new cars' that have turned out to be brand new to the buyer not brand new off the assembly line.

[ronandu]

Are we talking a new car to you or a never been pre owned car from the dealer?

 

Do you know what the fault is?

 

Yes a brand new car never preowned from a reputed dealer

The fault was a wire connecting one of the injectors had come lose and it appears the cluth burnt out

Whilst driving the clutch pedal suddenly just stayed right down on the floor and would not return to its normal position

[sailor sam]

Hmm. Sounds like the clutch cable has broken or a pedal linkage has come adrift. Not really serious enough for a replacement in my estimation as both faults should be easy and quick to rectify. I take it that you took the car straight back to the dealer and if which case, what is being done about it?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Prolix]

I agree with Sailor Sam. Assuming there's no finance etc then under the Sale of Goods Act goods should be of satisfactory quality (Section 14) in that they are free from minor defects. It could be this fault is minor and easily repaired (I'm no mechanic) so there wouldn't be a material breach of Section 14 and consequently you wouldn't have the right to reject. But that wouldn't stop me trying...

[afcwben]

The question of a material breach could be interesting in this case. As the OP bought a physically Brand new car is the expection to have zero defects too much to expect and any defect on a Brand new car could be considered to be material

[Prolix]

There was a case in which it was decided that buyers at the luxury end of the market (it was a new yacht) should expect it to be "perfect, or nearly so" (Clegg V Olle Anderson) The implication being that those of us in the more humble end of the market have to put up with more defects... A relevant case is Millars of Falkirk V Turpie 1976 where Turpie tried to reject a car that had a leak. The Sheriff in this case ruled that buyers should expect "teething problems" and did not allow the rejection - the repair cost £25

[sailor sam]

No point entering into further debate until the OP brings us up to date.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Prolix]

No point entering into further debate until the OP brings us up to date.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

That's never stopped anyone on any other topic!