Advice wrt CPA

sunnyj

New member
Hello everyone

I've bought a used E70 X5 3 months ago. It's just out of motorplan. It has developed a fault with the sunroof last month, 2 months after I bought it. I asked the dealer to sort it out as it is within the 6 month period that dealers have to cover faults on a vehicle for. The dealer told me today that he will not cover the cost for the repair to the sunroof. Does anybody know where I stand with this issue. It's my understanding that it should be covered by the dealer under the new CPA law. The item to my understanding is not a general wear & tear item such as tyres, shocks or brakes.

Please advise.

:cry:
 

ChrisBrand

Staff - Legal
Staff member
Well its difficult to say. As i understand your post you said that the problem only developed last month. The CPA gives a 7 day, no questions asked, cancellation of the contract. This is two months down the line.

Only way i see the CPA is going to help you is if the problem was present when you bought the car but the salesperson mislead you with intent or tried to hide the fact that there was something wrong with the roof to begin with, and failed to disclose it.

I take it, but stand under correction, that the 6 months to remedy any defect is for a defect that was not disclosed at the sale and not easily identifiable by a reasonable person, ie something only the dealer would have known and has failed to fix before selling the car or failed to disclose before selling.
 
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