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Possible Manufacturing Fault - Who Do You Claim Against?


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I bought a car privately a few months ago that has a fabric roof (soft top).

 

I've since noticed that there is a patch of fabric that is wearing on the inside that will eventually tear and render the roof useless. The wear is caused by part of the roof frame rubbing on the fabric as the roof folds. Being a member of a forum for the car, I've come to realise that this is a common problem with the car and alot of owners have the same issues i.e. roof wear in the exact same spot caused by the frame rubbing as it folds.

 

The car is coming up to 4 years old and I would expect a roof to last longer than that. Also as it's out of warranty, things are tricker to get fixed FOC.

 

How would I go about getting my roof fixed, do I write to the manufacturer and what legislation can I use to strengthen my case?

 

Any help/advice would be greatly appreciated :)

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sorry are you saying you've bought this car second hand? If so you have no claim against the seller or manufacturer if it no longer has any form of waranty.

 

With second hand cars its very much caveat emptor and I'm afraid to say you should maybe have rresearched and checked for such things before buying the car.

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Its not down the the manufacturer even when brought new, they can issue a warranty however this is non transferable and usually for upto 3 years.

Your claim would usually be against the retailer or company you brought it off, if it was only a private sale, and not a trader, as far as I know you have no one to claim against.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Blacksheep and Blitz are correct. As you bought the car privately, you have no claim regarding the quality of the car. Manufacturers are only ever liable for any warranty they may choose to give, and they can set any terms and conditions they wish within that warranty. Your statutory rights are always against the retailer, but your rights regarding quality ONLY apply to trader sales and not if you buy from private individuals. Sorry.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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So there is never a case where you can go after the manufacturer when they produce a good that through design will fail prematurely (warranties aside)? It's always the retailer?

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Another problem with Audi TTs...

 

If that is the model you've purchased, rest assured it won't wear out. Its purely a cosmetic defect.

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Nope, its a Honda S2000 and looks like it will from all accounts.

 

Maybe be worth writing to Honda UK explaining my disappointment and that it is a common error blah blah blah. See what they say. No need to tell them I bought it second hand (unless asked) but they will probably work that out. Nothing ventured nothing gained. New roof is anywhere from £800-£1200. So not cheap :(

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tbh they will find out v quickly that its not on its original owner and they probably won't offer anything, especially to a second owner. But nothing ventured nothing gained - good luck.

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