Car fault

[HungryHungryHippopotamus]

We bought a car 5 weeks ago, and today it's exhaust has broken in two. I spoke to the garage, who say it's not covered under warranty, or the consumer rights act, because its "wear and tear"

Does anyone know if this is right? We've driven it less than 250 miles since we bought it.

It's a 12 year old car, that's done 70,000miles in case that's relevant.

Sometimes shit happens. My less than three year old car's exhaust split in two while on holiday in France. Frankly it was a design issue; insufficient support so the damn thing was flexing with inevitable metal fatigue.

The fact the thing was cracking would though have been obvious if it were put up on a ramp and closely examined.

Useful tool here: https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

I think there's an assumption that faults emerging as quickly as this were present at the time of sale. The warranty is neither here nor there; its a consumer law issue.

Couple of thoughts:

If you look at the broken pipe is their obvious corrosion?

Is there anybody in your family/friendship group who can give an opinion?

Is the car under finance? If so they will be able to help you if you put a complaint in about the fault. They'll get a third party to inspect the vehicle to see whether it is likely "wear and tear". In absence of finance I'd ask for all paper work relating to previous Mots and services at point of sale - you'd expect something to have been flagged before this occured!

The question from a legal perspective is whether the car is of a standard that a reasonable person would expect given its age and mileage. Modern exhausts last a long time, but they will wear out eventually. I have no idea if 12 years and 70,000 miles is reasonable for your car.

Thanks all for your advice.

From what I've read from Which, I think it's a consumer act thing. The exhaust looks basically new. Great idea to look through the old paperwork, there might be something in there.

It's not under finance, I regret that now!

Exhausts collect condensation and rot from the inside out. Wear and tear is correct unfortunately.

You can't be serious. It's 12 years old and 70,000 miles. Was it a private sale? If so, it's 'sold as seen' and if it has a minor fault, which this is, 5 weeks later, that's the risk you take, with any car.

Who examined it and checked it before you bought? Did you buy it from a garage, or privately and get the AA To do a check pre purchase?

OP is quite clear it was bought from a garage.

In my 40+ years of car ownership if an exhaust is on it's last legs it's got rust flaking off and might even be blowing slightly. I think the vendor is liable here but it's consumer law rather than a warranty issue.

Thanks @Bromptotoo, and everyone for your thoughts.

After some further investigation, as @ThelastRolo20 suggested, it appears from the paperwork that the garage we bought it from had replaced the exhaust before we bought it and the mechanic that did the work has made a mistake. Now I know that, the garage we bought from are having it replaced.

@ThelastRolo20 saved the day! Thank you!!

@HungryHungryHippopotamusWhat a great result! Really pleased they're fixing it for you 🙂