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Hi,

I have arranged for a pre-purchase inspection on a used VW Passat, by a VW Authorised dealer. No radiator leak was detected during the pre-purchase inspection.

One week, after taking over the VW Passat from the car trader, radiator leak was detected during a full oil service and DSG transmission service.

The car was sent to the car trader’s appointed workshop to rectify the radiator leakage. The car was return on the same day stating no leakage found, stated by the car trader.

The car was re-inspected by the VW Authorised dealer, radiator leakage was found.

I demand the car trader to rectify the radiator leakage issue through a qualified radiator repair or workshop, but was declined. The trader said that he would fix it at his car sales yard, which is not a car repair workshop and not able to provide any proof that there would be a qualified mechanic to perform the job. His is also not able to provide a 12 months guarantee for the job.

I have rejected his resolution as it is deemed to be unreasonable. He also has a history of falsifying invoice, trying to cheat me into believing that repair was done, but actually not done.

I am planning to take the car trader to MVDT as it is less than 30 days of taking ownership of the vehicle.

Who has the responsibility to rectify the radiator leakage issue?

The motor trader who sold me the car or VW Authorised dealer who did the pre-purchase inspection and failed to detect the leakage or both has to bear part of the cost?

Many thanks.

James

It will be hard to prove whether the radiator leak was present when the Pre-Purchase Inspection was carried out by the VW dealer and maybe the fault wasn't present at the time. Regardless, the selling dealer is liable - if you bought the vehicle as a private individual from a Registered Motor Vehicle Trader (not auction) then you are covered by the Consumer Guarantees Act (CGA). The CGA covers you for a reasonable amount of time.
The selling dealer needs to remedy the fault (unless a foreign object has damaged the radiator while in your use) and should have a reasonable amount of skill to carry out the repair and this must be done within a reasonable time frame. You cannot refuse the dealer the opportunity to repair the fault – under the CGA you need to give them the opportunity to put it right.
You should ask the VW dealer to take photos pointing out the leak so that you can present this to the selling dealer to help them locate the leak. Or ask the VW technician to explain to the selling dealer the location of the leak.
After the repair has been carried out you could take the vehicle back to the VW dealer to confirm that the repair has been carried out properly – this will be at a cost to you but will give you peace of mind.
Remember the vehicle is a used car so the selling dealer can fit a good used radiator if they wish to do so.

Thanks for your prompt reply.

I have sent the car to the trader’s appointed workshop for repair on Monday, 14 Oct 2013. The car was return on the same day. The trader stated that no leakage was found.

A retest was conducted by a VW authorised dealer on 17 Oct 2013, leakage was found.

Now the trade want to repair the radiator at his car yard, which is not a car workshop and not able to prove that it would be repaired by a qualified radiator repairer, nor provide any guarantee for the job.

Do I have the right to demand that the repair, would be carried out by a qualified workshop or repairer?

What can I do if the trader turns down my request, to have the repair carried out by a qualified radiator repairer or workshop?

Can I demand for a 12 months warranty or guarantee for the repair?

What can I do to the trader, who has falsified invoices, trying to con me, to believe that repair was done?

Many thanks.

The work doesn't need to be carried out by a qualified mechanic. As long as the repair is done to a professional standard the dealer can choose who repairs the vehicle.

You cannot demand who will carry out the work and even though you will not receive a guarantee you will be covered by the CGA for a reasonable amount of time.

You can report the dealer to the MTA (which will likely be a member) for the falsified invoices and trying to con you.

Thanks for your reply.

I have deceived by this dealer many times, hence has no confidence in him.

Who knows he could be adding radiator stop leak trying to stop the leak and hope that it can last for 6 to 12 months.

I still would have to fix the leak after 6 months or 12 months at my cost?

The dealer has the opportunity to fix the leak on 14 Oct 2013, when I sent the car to his appointed workshop, but it was not fixed.

Do I have the right to fix it and make claim from him (reject his second offer to repair it at his car yard), since he failed to rectify the leakage, on 14 Oct 2013?

If I brought a house with a 30 days guarantee and if a tap or pipe leak, do I have the right to get a qualified plumber to fix the leak?

Is there any reason under the law that I cannot request for the radiator to be fixed by a qualified mechanic or workshop?

How many times do I need to send the car back to them and then has the right to get it fixed by a qualified radiator repairer and file a claim against them.

Below is the history with document proof or email corresponding records or witness.

I hope that you can understand my frustration.

Many thanks.

We understand your frustration however under the CGA you need to give the dealer the oppurtunity to put the fault right.

The rules for plumbers and electricians do not apply to the motor industry.

At this stage, if you take your vehicle to be repaired elsewhere it will be at your expense.

I suggest you go back to the dealer that sold the vehicle to you and try sort this out amicably as I don't believe you have a case to take to the disputes tribunal at this stage as the dealer is willing to resolve the issue.

Thanks your reply.

Having been played out so many times. I do not believe that the dealer has any intention to fix it.

I have to leave the car with them for 2 days and they are not willing to provide any free loan car. My salary income for 2 days is more than the cost of radiator replacement at VW authorised dealer. Taking leave for 2 days would cost me more than having the radiator replaced.

Under the CGA , how many months would the repaired radiator leakage warranted for?

I have to evaluate the trouble of going back this dealer times after time to have it fixed or repair it at my cost etc.

Thanks for your advice and hearing out my frustration.

The CGA has no official time frame, it is for a reasonable amount of time, but it becomes less effective as time moves on. The reasonable amount of time will vary from case to case as it depends on many factors such as purchase price, vehicle age and mileage, etc - It might only be around three to six months but it would be for the courts to decide what time frame is reasonable if it came to that.