Saturday 22 October 2016

Know your rights: Car trouble before warranty ran out and a suite of furniture changing colour

What are your rights? Our expert has the answers...

Dermott Jewell

Published 21/04/2016 | 02:30

Dermott Jewell
Dermott Jewell

Q: Hi Dermott. We recently bought a second-hand car from a well-established garage. It had a three-month warranty, thankfully, as the engine died and is currently being repaired under the terms of that warranty.

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My query now is does our warranty extend a further three months from the time we get it back or just the remaining few weeks that's left on it? Does the repaired part get a new warranty? Can we request a report of the work carried out? Thanks in advance. Sarah.

A: Good to hear the garage is happy to stand by its warranty and that the owners value your custom. Regarding the repair, it will be carried out under the terms stated and there would not normally be an intention to extend it unless in circumstances where, for example, it was shown that the fault was existing when the car was sold.

That being proven - or admitted - then it brings the provisions of the Sale of Goods & Supply of Services Act into play because a case could be made that the car was not properly serviced prior to the sale to bring it to the required standards of quality and fitness for purpose that a car on the forecourt should meet.

I am guessing this is why you are seeking a report, Sarah, which, yes, you are entitled to have - especially as the engine has failed so soon after purchase. And again, yes, under such circumstances you can seek an extension of the warranty.

The parts used in the repair will have a manufacturers warranty and is why the report, together with a detailed listing of parts fitted, would be important to have to keep on record in your service history book.

Q: Dermott, I have an issue with a new leather suite bought last summer. The leather started to change colour, so I asked for a refund but they only offered a re-spray. I got the re-spray, but it's just not right. There are runs of dye on the suite, one piece of furniture is brown and the other has a red glow. I am at my wits' end. The store will probably fob me off again. I paid nearly €3,500 for the suite. Can you tell me where I stand? Thanks, Barry

A: Barry, I have to admit that €3,500 for what is reduced to a multi-coloured and glowing suite of furniture is a first for me. This should come with a health warning!

Seriously, you have been badly treated and need to remind the seller that you have entitlements under law to have your problem remedied without the application of potentially harmful chemicals to cover up what is a bad quality suite of expensive furniture.

Cut out this reply, bring it to the store and as the repair failed - miserably by the sounds of things - demand the refund to which you are now entitled. If it's denied then, as the value is more than the limit of the Small Claims Court, immediately report the store to the Competition and Consumer Protection Commission (

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