Michael McAleeranswers your questions
From B Murphy:
I am thinking of buying a Toyota Corolla diesel. There are two models - a 1,400cc and a 2,000cc version. What are the pros and cons of both, apart from the difference in price of approximately €5,000?
It's hard to get away from that €5,000. The 2-litre is only available in the new Auris, so I take it you are talking about the hatchback rather than the saloon version. The 2-litre has more power, with 126bhp compared to 90bhp in the 1.4-litre. Perhaps of more importance is the torque figures, where the 2-litre offers 300Nm, compared to just 190Nm in the 1.4-litre.
The decision should really come down to your typical driving conditions. If you do high mileage, including a lot of motorway driving, then you are best in the 2-litre. I find that the 1.4-litre diesel is a tidy performer, though it does need a little work to get the most out of it. In an Irish context, the 1.4-litre is more than adequate for your daily needs in this size of car, saving you in terms of tax, price and fuel.
From C O'Halloran:
Are there any benefits to be had from larger wheels? A friend told me that he gets better performance from his new alloys.
The car looks better but that is about it. They compromise ride quality and arguably impinge on handling. It's basically an attempt by car firms to take a slice of the profits from the motor-factors industry, who would otherwise be supplying such wheels as retrofit to owners obsessed with their car's image.
From DL:
What are your legal rights against a dealer when you buy a used car that no longer has a dealer warranty and then discover a problem within days of taking delivery of the car?
Just because a car is no longer covered by the manufacturer's warranty - and some parts may be covered longer than the three- or four-year full warranty - it does not take away the dealer's responsibility to you. You are entitled to rely on your statutory rights.
Where you are buying as a consumer, the law, as stated in the Sale of Goods Act, implies certain conditions into the contract which apply to the seller. The key element of the Act is that there is a statutory implied condition that at the time of delivery the car is free from any defect which would render it a danger to the public.
If the car turns out to be dangerously defective, you can treat the contract as repudiated and demand a full refund or damages.
Similarly, when you buy from a dealer, the car should be of merchantable quality, fit for its intended purpose and as described. You must consider the age, price, mileage, description applied and all other relevant circumstances when trying to decide whether it is of merchantable quality.
The implied term of merchantable quality does not apply to any defect (other than dangerous defects) which has been brought to your attention by the dealer or which you should have noticed, assuming you had an opportunity to inspect the car before the sale.
However, when you buy from a private seller you have no rights to expect that the car is of merchantable quality or fit for its purpose.
As for redress, if a defect (not being a trivial one) is discovered soon after purchase, you may be entitled to reject the car and seek a full refund from the dealer, provided you act promptly on discovering the defect. If the car has been used for a period of time or you have delayed in complaining, then you are entitled to have the car repaired.
If the dealer refuses or fails to repair the car in a reasonable period of time, you may be entitled to reject the car, or have the defect repaired elsewhere at the dealer's expense.
You have no right of redress in relation to any defects which were specifically brought to your attention, or which you should reasonably have noticed when you examined the car before you bought it. The latter is something that may come back to haunt you, so be sure to give any purchase a thorough inspection, so that you can use it to show that you did the proper checks, asked the dealer to identify any faults, and then, if something arises, it is over and above what you would have expected to discover.
Your first port of call should always be the seller of the car. After that the motor industry has a Standards Tribunal, but the other option is to contact the Office of the Director of Consumer Affairs. You are entitled in any case to pursue your complaint in court. It's not a nice situation to find yourself in, but you should not let it pass.
Send your queries to Motors Helpdesk, The Irish Times, Tara St, Dublin 2 or e-mail motorshelp@irish-times.ie