I bought a vehicle privately (2nd owner) and have noticed defects in the paintwork. The manufacturer warranty is transferable (and has been) yet the retailer is saying the defects if from new were accepted by the first owner - surely this is just nonsense?
Any lawyers in the house?
- Thread starter Ierton
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Teego
MB Enthusiast
A manufacturer defect is a warrantied defect. Although the manufacturer allows transfer of warranty to a second (or third) owner it cannot enforce what may, or may not, have been agreed with the previous owner unless this was specifically included in your warranty agreement.
Teego
MB Enthusiast
No, I don't have a specific reference, just my experience of contract law in business.
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I would assume that the question is whether the 3-year new car warranty (once given) constitutes a statutory right protected under the Consumer Protection Act, or it is just a commercial agreement between the vendor and the customer.
If the former, than a statutory right cannot be waved and the so the first owner could not have forfeited it, if the latter than your issue is with the first owner and not with the vendor.
Thats said, I don't know which is it...
If the former, than a statutory right cannot be waved and the so the first owner could not have forfeited it, if the latter than your issue is with the first owner and not with the vendor.
Thats said, I don't know which is it...
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- 2022 Hyundai IONIQ 5 RWD / 2016 Suzuki Vitara AWD
You could try this service (it isn't free):
www.justanswer.co.uk
Ask a Question, Get an Answer ASAP!
MrGreedy
MB Enthusiast
I suspect the terms of any paperwork and warranty would need to be examined for a better answer, but I will just ponder this.
There must be tens of thousands (?) of people who have had rusty early 2000 vintage Mercs, newer Mercs with Fire Opal red paint issues, and on another marque rust appearing all over the tailgates of VW Passats. And those were original manufacture/paint/treatment defects and I'm going to bet that not all the people who have successfully claimed were first owners of the car.
There must be tens of thousands (?) of people who have had rusty early 2000 vintage Mercs, newer Mercs with Fire Opal red paint issues, and on another marque rust appearing all over the tailgates of VW Passats. And those were original manufacture/paint/treatment defects and I'm going to bet that not all the people who have successfully claimed were first owners of the car.
