Sold a Disco 3 28-12 which has had a Lambda sensor failure 10 days later. I offered to pay for the sensor and 60% labour costs (apparantly the gearbox has to be dropped). He happily agrees...
I just got this email.
Hi Simon
We spoke on the phone this Monday following a fault on the discovery I purchased from you. At the time you kindly offered to pay for the parts required and 60% of the labour costs as a “goodwill gesture”. Since then on the advice of our local garage we have taken advice on the procedures in circumstances such as these. Firstly, we are not doubting your integrity here. The vehicle was purchased for over £5000 in good faith on the understanding that it was in good working order. Unfortunately, it was unable to get us from A to B on two occasions less than two weeks from purchase, due to a fault, not wear and tear. Under these circumstances we have been advised that you should cover the full costs of the repairs and that it should not be a negotiable issue. Simon, we would never buy a used vehicle privately which is why we came to you. We hate awkward situations such as these and hope that you will agree to these terms. I look forward to hearing from you in due course. Please let me know if you require an estimate from our local garage. Regards
My Response
Hi James,
I am afraid the garage have given you bad information. Having carried out appropriate and recorded pre-sale checks, including an independent PDI check, I am completely confident the vehicle was of satisfactory quality at the point of sale and thus in full conformity to the statute and contract.
The Consumer Rights Act 2015 is designed to protect buyers and sellers equally. The CRA specifically does not cover maintenance nor faults which would be expected due to the age / mileage & subsequent appropriate wear n tear. You purchased an 11 year old vehicle, which was 8 years past the period of which the Manufacturer was prepared to warrant the condition. A sensor failing on an 11 year old vehicle is quite simply wear n tear.
Out of goodwill and to be completely gentlemanly, I offered to pay for a new sensor and 60% of labour costs. I am a very reasonable and fair man, my offer still stands.
Regards