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Car was purchased 2 weeks ago from LMVD - traveled less than 500 km has blown a head gasket. Vehicle was taken to nearest MTA repairer from site of break down (not same town of purchase). The repairer reported that it was a blown head gasket and because vehicle has a alloy head it is common practice to have the head shaved and heat tested prior to fitting a new gasket. Repairer asked that we request the dealer to contact him re the repair and stated that he was of the opinion that the dealer was required to pay for the repair. On first contacting the dealer he stated 'what has it got to do with me?', but then eventually did ring the repairer. He then suggested that the repairer just fit a new gasket but the repairer considers this to be a poor workmanship / repair that will likely not be successful for long. Thus he was reluctant to carry out this method of repair. The dealer then offered "as a gesture of good will" (his words) to pay for the parts only. What are the dealers obligations in this instance. In the repairers opinion the new owner has done nothing wrong that would have contributed to the mechanical failure and has done the correct thing delivering it to the nearest qualified repairer. Where it is currently garaged and unable to be driven until repaired. Please could you tell me what my rights are and what the dealers obligations are. Thanks
Apologies for the delay in getting back to you.
Based on what you are saying the Dealer concerned appears to have some responsibility to at least get involved in sorting this out and helping you get this repair underway.
One of the advantages of buying from a registered Motor Vehicle Trader is you are covered under the Consumers Guarantees Act. In brief, a car sold by a Registered Trader must be fit for purpose.
A blown head gasket after only 500km would certainly entitle you to make contact with the Dealer asking for some urgency in sorting out the best way forward.
It is important to note that the Dealer must be given the opportunity to inspect a vehicle before any repairs are started and if necessary have any repairs carried out by a garage of their choice.
In other words an owner cannot authorise any repairs to be carried out by a repairer of their choice and then have the costs charged back to the selling Dealer.
What needs to be established in your case is the actual cause of the head gasket failure. Often a head gasket failure is the result of a problem not the cause.
For example, if the radiator was to be damaged by road debris of some sort causing a loss of water which in turn caused the head gasket to fail, then the Dealer would not accept responsibility.
If the radiator was however blocked which in turn caused the head gasket to fail then the Dealer would be expected to accept responsibility.
You may want to seek advice from the Motor Vehicle Disputes Tribunal if the Dealer is offering to pay for parts as a gesture of goodwill only. Phone 0800 367 6838.