Manufacturers warranties… Rusty words? Corroded promises?


Pass on the liability to the manufacturer.

Author: Stephanie Strachan
Reading time: 2 minutes

This article is 6 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Recently we have encountered some unhappy consumers because of a warranty they have been sold by Mercedes Benz with their new cars.

They sell cars with a 30 year anti- corrosion warranty which suggests that any rust would be covered. Wrong!! Many consumers we have heard about have had major rust issues within the first few years of owning their cars.  So who’s responsible?  Mercedes or the supplying dealer?

Technically it’s a bit of both, however, it would appear that Mercedes have been refusing assistance under their warranty for reasons best known to themselves which means the supplying dealer is left holding the baby!

To be fair to Mercedes we don’t just encounter problems with warranties from them.  We have problems with many different manufacturers so we can’t identify them as sole culprits.

Even though it would appear that Mercedes are generally not paying out on these warranties we do still manage to handle numerous successful claims against manufacturers where dealers have sold vehicles with the benefit of a manufacturer’s warranty.

So the moral of the story?  If you are selling a vehicle and it comes back with problems it’s always worth taking the extra time to check if a manufacturer’s warranty might be in place. If it is try and pass on the liability to the manufacturer and we will try our best to back you up with any cases like this that you have.

Stephanie Strachan

In remembrance of Stephanie Strachan 1990-2020

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.