Used Car - AC not working - Garage says not covered by warranty

paulfoel gurgled happily, sounding much like they were saying:

Does it? Have you read the warranty paperwork?

Hmmm. It could easily be argued that since you accepted the car with the fault, expecting it to be put right later is a bit cheeky...

It has aircon.

For the sake of the fifty quid that a regas is likely to cost, not worth the hassle. Yes, it might turn out to be more than that, but that's the most likely cause.

Aircon needs to be used regularly, otherwise the seals dry and the gas escapes.

But not working....

Yes. Thought that originally. =A375+vat for regas....

But not working....

Yes. Thought that originally. £75+vat for regas....

Find someone else then!!!

Tim.

That's pricey. 40-50 quid is more normal.

Ring trading standards and ask. But it depends on the age of the car as to what is reasonable, how old and how much?

Unless it's "sold as seen" you should have some comeback if you act quickly so that it's clear it was faulty at purchase. If it was a private sale you might be in trouble, but if a trader, as this is, the Sale of goods act I think covers it. Get onto your local Trading Standards and/or post the question to uk.legal.moderated, if you haven't already. They're pretty good with things like this.

BobC

Surely it comes under the 6 month rule? In the first 6 months after purchase, any fault will be considered to have been present at the point of purchase, unless the seller can prove otherwise.

Not with second hand stuff

I agree with you. If the car was advertised with aircon, IMO it should work. By definition, If it doesn't work, it hasn't got aircon. Aircon is a function. By saying it has aircon, the dealer is in effect, claiming that it is in working order.

I would say that the dealer is guilty of misrepresentation, and that it his responsibility to get it working so the car is as described.

It probably only needs a regas, but say it is more serious. Needing a new compressor, condenser, etc. That could easily run into a few hundred pounds at dealer prices. Would the car still be worth the money? Mike.

"Mike G" gurgled happily, sounding much like they were saying:

I'd disagree. My own car has aircon fitted. It's not currently functional, but it's definitely fitted. If and when I chose to get it return it to life, it'll be a damn sight easier to do so than to retro- fit it from scratch.

Aircon is a function provided by a set of parts.

By any sensible person's understanding, claiming a car had AC would mean a working system.

If it wasn't functional, then I would suggest the onus would be on the seller to say so.

Andy

Andy Cap gurgled happily, sounding much like they were saying:

Not necessarily...

...but having said that, on a car new enough to be retailed by a franchised dealer (albeit that of a different marque), I agree with you. On an older vehicle, though, that balance would shift.

I'm playing devil's advocate slightly and offering the likely first response...

I don't think anyone would deny that, but as I see it, that's not the point. The OP was sold a car that was described as having a/c. Just because all the parts are there doesn't automatically mean it actually does have a/c. I believe a buyer has the right to expect any functions described in the sellers description to work.

Of course, but unless those parts work as intended, the function is not present.

If a dealer described a car as having heated, electrically controlled seats, that didn't work, or having a sunshine roof that didn't work, or heater, radio etc, etc that didn't work, would you say the dealer is being honest with his description? Mike.

But not working....

Yes. Thought that originally. £75+vat for regas....

Kwik-Fit do it for £50. If it's leaking (which they test for), they don't charge you (because they don't fill it obviously).

"DanB" gurgled happily, sounding much like they were saying:

Mmmm. I'm sure I've read a very good reason why that K-F bargain re-gas could cost you a lot more. I'll see if I can find it.

Because whilst they're doing it they'll notice you need new shock absorbers.

Go directly to your local CAB or Trading Standards. Do not pass go.

Peter Crosland

snipped-for-privacy@yahoo.co.uk

Sorry this is way off topic, but the talk of regas got me thinking about my home aircon that needs that as we lost a fair amount of the gas a few years ago while undoing the quick connect connectors that are supposed to seal once undone, but didn't. Problem is Its too heavy to take anywhere and needs an aircon engineer to come out to the wilds of rural Suffolk to do the work. So does anyone know of a firm that could do this in NW Suffolk area? The aircon works, but the compressor works a bit hard due to the low pressure and not as cold as it used to be (12000 btu split type). If only they did a "do it youself" regas kit for domestic aircon.

Graham

Yes with second hand cars. But depending on the age and not if it was 'trade sale'.

The warranty is typically supplied by a third party and typically specifically EXCLUDES any PRE-EXISTING faults. Some have ridiculous claim limits and will only cover you if the part spontaneously explodes from the inside.. otherwise it will be 'normal wear and tear'. IMO there should be regulation to stop dealers claiming cars have "assured warranty" and similar BS when it is barely worth the paper it is written on.