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47 Posts
Just a thought:
I know we're all anxious to get some sort of 'official' statement from BMW concerning various of the quality issues surrounding the new MINI. They, I'm sure, are wary of making such a statement in view of the publicity it would attract. But I am just wondering if there might be a down-side for us as well.
Under the Sale of Goods Act 1979, which is the legislation which 'implies' into our contracts with BMW that the car must be of "satisfactory quality", there is a proviso which states that this protection does not extend to any matter "which is specifically drawn to the buyer’s attention before the contract is made". Therefore, technically, if BMW make an official statement and reiterate it to a customer prior to their signing the contract, could BMW then claim that the customer would not be entitled to claim damages or reject the car even if a remedy for the fault is never found?
I am just wondering whether, in view of that, anyone who discusses a known fault with a dealer prior to purchasing should put in writing to their dealer that they are not 'accepting' the car with that potential fault and that they are reserving their rights with regard to remedies for that fault.
I'm sure that BMW would not rely upon this technicality to escape liability, given that that would simply worsen a PR nightmare, but it's a point nonetheless.
I know we're all anxious to get some sort of 'official' statement from BMW concerning various of the quality issues surrounding the new MINI. They, I'm sure, are wary of making such a statement in view of the publicity it would attract. But I am just wondering if there might be a down-side for us as well.
Under the Sale of Goods Act 1979, which is the legislation which 'implies' into our contracts with BMW that the car must be of "satisfactory quality", there is a proviso which states that this protection does not extend to any matter "which is specifically drawn to the buyer’s attention before the contract is made". Therefore, technically, if BMW make an official statement and reiterate it to a customer prior to their signing the contract, could BMW then claim that the customer would not be entitled to claim damages or reject the car even if a remedy for the fault is never found?
I am just wondering whether, in view of that, anyone who discusses a known fault with a dealer prior to purchasing should put in writing to their dealer that they are not 'accepting' the car with that potential fault and that they are reserving their rights with regard to remedies for that fault.
I'm sure that BMW would not rely upon this technicality to escape liability, given that that would simply worsen a PR nightmare, but it's a point nonetheless.
