Dealer sells a car and a week later customer wants an oil leak fixed that was not picked up on the pre inspection report. Leak will cost $500, so dealer offers customer a full cash refund of purchase price. Customer doesn't want a refund but wants the repair done instead. My question is, does the dealer have to repair it!
"What if a repair will be expensive! If it is possible to repair goods but the cost of the repair will be more than the value of the goods you do not have to offer a repair. You can replace the goods or if this is not possible you can give a refund."
Thanks Kaz. It still seems a bit subjective though. What's your personal view re post one!
carstauranga001,
Sep 25, 7:30pm
Long story but the one time I went to the tribunal after offering a refund I lost. The tribunal told me the customer had a right to repair or refund at his discretion. Should have given the customer what they wanted and avoid the delay and brain damage.
kazbanz,
Sep 25, 7:31pm
tgray -I dunno mon -If the custies come across as being future nightmares I reckon you are best to just cut em loose. I'd have em come to the premises and have a WRITTENoffer to refund their payment for the car in full prepared in advance. If they opt to reject that offer then that is their decision.but again make sure the rejection is in wrighting. Dated and sighned. I prefer to deal with the issue by fixing the car.where does the $500 pricetag come from! Just another thought-Have you taken the opertunity to have the car checked over by a mechanic yourself. I just remember one situation I was involved in sounds familiar-- Customer had a PPI done. No oil leak. A week later -minor oil leak apeared. returned to us and up on hoist and theres fresh gouge marks on the sump. Customer denies everything. AA inspector called in. NO the gouges werent there when it was inspected. My boss took pictures of the damage and the oil leak andtold the customer to flock off
nzeva,
Sep 25, 7:32pm
Shouldn't the oil leak be fixed by the inspection company, as they failed to find the defect! They may have an 'out' clause in their contact to protect them from that situation! In that case a pre-inspection check is worthless if the person doing it isn't help accountable!
kazbanz,
Sep 25, 7:33pm
How on earth did you loose! Not being funny but if you offfered to refund their payment in full how could you possibly loose
carstauranga001,
Sep 25, 7:45pm
Law stated to me that customer can choose the rapair if they so desire
nzeva,
Sep 25, 7:50pm
I'd say he got stung under Section 19 (1C).
Where the supplier cannot reasonably be expected to repair the goods, by providing a refund of any money paid or other consideration provided by the consumer in respect of the goods.
The key phrase is "the supplier cannot reasonably be expected to repair the goods" Clearly the referee thought the supplier could fix the goods (ignoring any argument about the cost to do so) as that takes priority over a refund.
Kinda makes it hard to be in business these days!
kazbanz,
Sep 25, 7:53pm
I reckon you got a rum deal. You offered to refund in full.
elect70,
Sep 25, 10:40pm
Thats DT for you, dontnecessarilygo bylawjust what referee thinks is right . The bigger the sob storybyclaimantbetter the result .
tgray,
Sep 25, 10:57pm
This is MY whole point Kaz. Happy to give customer a full cash refund today. He doesn't want a refund but wants it fixed.
a.woodrow,
Sep 26, 12:33am
I would insist on a refund, obviously you can sell the car again for the same money, sounds like customer will be a future headache
phillip.weston,
Sep 26, 1:00am
what car and where is the leak coming from! Perhaps you could repair it yourself and save yourself the expense of labour. Sometimes it is just easier to keep the customer happy.
curlcrown,
Sep 26, 1:22am
Dealer can refund. You don't have to repair.
supernova2,
Sep 26, 6:18am
How about this for an idea."There are two options here, the first is that I refund you money and you return the car or the second is that you insist that I repair the car.If you insist i will arrange for the car to be reapired but unfortunately i don't believe that the repair can be completed properly without removal and dismanteling of the engine.As you will appreciate such work could be very time consuming and I'm not sure that it can ever be repaired to your satisfaction.To complete such a repair could take weeks.Accordingly to provide the best and most practical solution for you here is your money"oh and ps thank you for visiting Planet key you moron!.Maybe dont include the last part.
supernova2,
Sep 26, 6:26am
The other question is of course is an oil leak something that requires repair.Unless the leak is of such proportions as to make failure of the engine likely (in which case the PPI and everyone else should have seen it) then do you actually have any obligation to do anything at all!Without hours of reasearch I'm thinking you should just tell them to go away.Is the oil leak detremental to the operation of the vehicle!Is the vehicle still fit for purpose!At the milage of the vehicle is it more likely than not that a similar vehicle would also have a similar leak!And so it goes.The more I think about it the more inclined i would be to tell them to have sex and travel.
supernova2,
Sep 26, 6:33am
3rd option.Get the car back, do some work on it (sufficient to stop it going),then stop.When they bitch and moan offer their money back, if they wont take that then let them go to tribunal.At the very worst you have to "fix it" the day before the hearing.They will be without a car for a while wont they!I personally know of a case with a 260Z where the dealer held up a repair for 3 years- couldn't get the bits, wrong bits etc you name it.Solo mum finally got the boys with the bikes in and car fixed same day.Dealer just didn't like her.Put it this way she said no.Read into that what you will.
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