Corroded brake discs

The consumer’s issue:

“I purchased a used 18-plate compact SUV in September 2019 from a dealership. During the vehicle’s service in March 2021, the third-party garage noticed that the rear brake discs had corroded and needed replacing. The vehicle also had an MOT in February 2021 and there was an advisory note that the brake linings were wearing thin.

I contacted the seller of my car, and I was told that the brakes were not included under the extended warranty agreement which I purchased alongside my vehicle. They did however say that, if a fault had been identified during the MOT, this would have been covered.

I also queried this with the manufacturer, and they stated that the issue with the brakes was wear and tear and would not be covered by the warranty. However, I believe that sub-standard materials were used in the build process, which is why the brakes have corroded.

To resolve my complaint, I would like a refund of £513.80 for the cost of replacing the brakes discs which I have had to pay for.”

The accredited business’ response:

  • We cannot comment on the condition of the brakes considering we did not inspect the vehicle or advise of their replacement.
  • Lower mileage vehicles are at higher risk of corrosion on the brakes, as lack of use will cause the brakes to corrode quicker.
  • When brakes are used, the pad friction on to the disc helps to keep the discs clear from corrosion. This is the same on all makes and model vehicles, and does not mean that the discs are manufactured from faulty metal.
  • As the selling dealership, we would not be looking to cover the costs incurred in replacing the brakes.

The adjudication outcome:

  • Under the Code of Practice for Vehicle Sales, the business had an obligation to ensure that the vehicle was of satisfactory quality, fit for purpose and as described at the point of sale.
  • The evidence presented however did not demonstrate that, at the point of sale, the vehicle suffered from an inherent fault.
  • The vehicle was purchased in September 2019 and the fault with the brakes did not occur until March 2021, more than 18 months after purchase.
  • Under the Code of Practice for Vehicle Sales, if a fault is identified outside of the first six months of purchase, the consumer has the evidential burden of demonstrating that the fault would have been inherent and present at the point of sale.
  • The adjudicator was not provided with any evidence, such as a technical report, to demonstrate that the fault with the brakes was either a manufacturing defect or that the fault was more likely than not present at the point of sale.
  • The adjudicator concluded that, had the fault been present at the point of sale, the fault with the brakes would most likely have occurred sooner than 18 months after purchase.
  • It was also explained that the extended warranty was operated by a separate company and any complaint relating to the warranty terms needed to be made to that business directly.
  • After reviewing the facts of the case, the evidence did not demonstrate a breach of the Code of Practice for Vehicle Sales and therefore the complaint was not upheld.

Conclusion

  • Both parties accepted the adjudicator’s decision, and the case was closed.