05 XC90 AWD and Dealers am i in trouble?

altaz · Jun 18th, 2013, 05:59

Hi all,
I am a recent member of the XC90 club as i purchased one yesterday. Even though i had been reading up on the things to check for some reason i missed the fact that i needed test the AWD (i had asked before making the trip and the dealer said it was working ok, i know stupid of me). I checked it last night after we had driven it home (100 mile trip) and the propshaft spins easily when the car is stationary.

At the time of purchase the dealer only offered a 7 day warranty, is that legal? The car has a full service history which i thought i read through carefully, but on closer inspection there is mentioned of the AWD not functioning last year.

As I bought the car from a dealer and it has been less than 24 hours, i intend to go back to them, but can someone advise how this is best handled?

chb · Jun 18th, 2013, 07:09

Hi, the law is strongly in your favour on ths one.
Saes of goods act 1974 puts the onus on the trader to not misrepresent the item being sold. Faults should have been mentioned, and a car that is meant as a four wheel drive only actually having 2WD s a seriousness warranty problem to put everything in your favour.
There is also a thing called the unfair contract terms act, this means that a trader cannot dismiss a customers legitimate concerns with a sea of small print.

The law is strongly in favour of the consumer on things like this, so know your rights.

Good news however is that the fix is only a few hundred pounds. Given this trader has already lied o you I would want to get the work done elsewhere.

John_C · Jun 18th, 2013, 07:32

The law is very much on your side. Approach the dealer calmly and state the AWD system is not working and you want it repaired or them to take the car back. They have the right to repair the car themselves or at an agent of their choice.

As to the seven day warranty there is no legal requirement for a warranty to be given but you are very well protected by the sales of goods act.

chb · Jun 19th, 2013, 14:35

No legal clarity on warranty, but sales of goods act makes it clear goods must be as described and of merchantable quality. Clear case!

Jun 18th, 2013, 05:59	#1
altaz New Member Last Online: May 8th, 2021 09:53 Join Date: May 2013 Location: london	05 XC90 AWD and Dealers am i in trouble? Hi all, I am a recent member of the XC90 club as i purchased one yesterday. Even though i had been reading up on the things to check for some reason i missed the fact that i needed test the AWD (i had asked before making the trip and the dealer said it was working ok, i know stupid of me). I checked it last night after we had driven it home (100 mile trip) and the propshaft spins easily when the car is stationary. At the time of purchase the dealer only offered a 7 day warranty, is that legal? The car has a full service history which i thought i read through carefully, but on closer inspection there is mentioned of the AWD not functioning last year. As I bought the car from a dealer and it has been less than 24 hours, i intend to go back to them, but can someone advise how this is best handled?

Jun 18th, 2013, 07:09	#2
chb Master Member Last Online: Dec 22nd, 2023 10:53 Join Date: Dec 2006 Location: Leeds	Hi, the law is strongly in your favour on ths one. Saes of goods act 1974 puts the onus on the trader to not misrepresent the item being sold. Faults should have been mentioned, and a car that is meant as a four wheel drive only actually having 2WD s a seriousness warranty problem to put everything in your favour. There is also a thing called the unfair contract terms act, this means that a trader cannot dismiss a customers legitimate concerns with a sea of small print. The law is strongly in favour of the consumer on things like this, so know your rights. Good news however is that the fix is only a few hundred pounds. Given this trader has already lied o you I would want to get the work done elsewhere.

Jun 18th, 2013, 07:32	#3
John_C Allons-y! Last Online: Jun 8th, 2020 15:32 Join Date: Dec 2004 Location: Winchester	The law is very much on your side. Approach the dealer calmly and state the AWD system is not working and you want it repaired or them to take the car back. They have the right to repair the car themselves or at an agent of their choice. As to the seven day warranty there is no legal requirement for a warranty to be given but you are very well protected by the sales of goods act.

Jun 19th, 2013, 14:35	#4
chb Master Member Last Online: Dec 22nd, 2023 10:53 Join Date: Dec 2006 Location: Leeds	No legal clarity on warranty, but sales of goods act makes it clear goods must be as described and of merchantable quality. Clear case!

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