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Hi there,
We bought my wife an imported (Japan) Ford Explorer Xlt with reasonable mileage (70K) from a dealer in October 2011. It took the dealer some time to sort our initial problems with the vehicle including straightening and respraying the rear hatch door.
In recent weeks, my wife has reported dash lights coming on but mainly the ABS brake light. A couple of weeks ago the vehicle stopped dead at an intersection while taking our 3 young boys to school. Three repairers have investigated, have tried various resets but cannot pinpoint exactly where the wiring the problem resides - they have concluded it needs completely stripping and rewiring to fix the faulty wiring (which apparently has been changed from factory fitted), and that this would take huge labour hours and may still not pinpoint the precise wiring fault or connection. They advise the vehicle is NOT SAFE and WILL NOT PASS a WOF with the ABS brake light showing on. They advise taking it back to the dealer.
What can you recommend? Do we have any comeback on the dealer for selling a 'lemon'?
Kind regards,
Tim Balmer
(Edited by AA Expert)
The biggest advantage of buying from a dealer if you are a private buyer is that you are protected by the dealer's obligations provided for by Consumer Guarantees Act.
However, as the buyer, you also have obligations, the main one being that you need to give the dealer the opportunity to provide a remedy. You cannot get the vehicle repaired elsewhere and expect the dealer to pay the bill without his agreement.
The CGA is worded in such a way as to provide protection for a "reasonable" period. If you are to have any claim against the dealer, you need to offer him the opportunity to rectify the problem.
Depending on a number of criteria (age of vehicle, mileage of vehicle, price paid, length of time since purchase, mileage since purchase etc) you may have some comeback on the dealer, although time is marching on. Therefore, in the first instance, you should approach him requesting him to rectify the problem.
In the event you can't reach a resolution with the dealer, you can request a hearing at the Motor Vehicle Disputes Tribunal, who will mediate and determine whether or not the dealer is obligated to provide a remedy.
The remedy could be for the dealer to repair the problem, contribute towards the cost of repair or buy back the vehicle.