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Legal status - specialist 'rebuilt' 996 engine failure

Dom1102

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2 Aug 2014
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Hi, this is an update from a post I recently made on a Nikasil liners topic in the 997 forum (http://www.911uk.com/viewtopic.php?t=86763&postdays=0&postorder=asc&start=0)

I am in the process of buying a 2002 996 C2. It previously had a Hartech experimental overbore engine fitted in 2011, this engine failed in 2014 just after the current owner purchased the car (at a premium due to the engine spec) from a specialist in the south of England. The specialist rebuilt the engine under warranty apparently liaising with Hartech and refitting crank cases with new Hartech Nikasil liners and OEM pistons to all 6 cylinders, bringing the engine back to a similar 'enhanced' specification as when it was first advertised and purchased. This is all explained in a detailed letter they wrote to the owner.
The current owner has had the car back for about 6 weeks (done 2k miles) and decided to sell it. I have paid a sizable deposit and taken the car to another porsche specialist for a pre purchase inspection. They have done a Borescope and found severe scoring on cylinder no6, with possible scoring on no5. Also they have told me that the engine does not have Nikasil liners. Hartech have also now seen the Borescope images and confirmed that they are not Nikasil liners.
When asked about this, the specialist then confirmed that there was a mix up and that actually a second hand engine (with new OEM pistons) was fitted which they sourced. They say that at the same time they were doing 3 996 engine rebuilds and there was a mix up over the engines. Also the chassis No has been ground away which they say is standard practice.
Now anyone who knows anything about these engines knows that they are a weak point. One of the best remedies out there is rebuilding them with re machined crank cases utilising new stronger liners. In fact this is now the recognised method of repair for these engines. Hartech practically wrote the book on the process (see their website). Personally I would not buy a 996 that hadn't had this remedial work done.
Myself and the owner have contacted the specialist and discussed the situation. They have offered to repair the car under warranty but to only repair the cylinders that are damaged. This is despite their previous claims (in writing) that they had fitted all 6 cylinders with Hartech liners. We have been told by the specialist that there is an option for additional amount (£2500) to be paid while this work is being done to have all 6 cylinders done but neither the owner or myself feel we should have to pay this.
Bearing in mind that I am not the owner (yet), I want to understand how myself and the current owner stand legally and if there is a legal requirement for the specialist to make this good or pay some compensation? Can anyone help or suggest the best way to get this resolved ?
 
I'm no legal expert so can't really comment but this really sucks. You enter an agreement with a company who claim to do the work required but never do, instead taking what looks to be the easy and possibly cheaper option.

Good luck with this.
 
The only real option for the garage that mistakenly mixed up the engines is to bring the current engine up to the spec they claimed to have done in the first place. They have an obligation to provide him with the same spec that he purchased if repaired under warranty unless he agreed otherwise and was compensated for the downgrade.
There is also the issue that the engine number no longer matches what is listed with DVLA and the documentation is wrong.
 
I'd say that the current owner would have significant grounds to take legal action against the engine builder and should expect the engine to be rebuilt to whatever spec was agreed at no additional cost to him.

Sadly I fear it will take some time for this to be thrashed out.

If I were you I'd grab my deposit back and run away.
 
You should walk away - you have adequate grounds given the findings of the inspection and this may not be resolved any time soon. The owner should seek professional legal advice before doing anything else.

Just my humble opinion. I would add that I wouldn't want to own a car fettled by a company that managed (deliberately or by accident) to put the wrong engine in a car. There just isn't an excuse for that.
 
The contract is/was with the owner(not yet you) and the garage. I doubt you have any legal position to argue(but ask a solicitor).

Unless the current owner(I assume private seller) wants the hassle of pushing this for you, before the car is handed over, you could be in deep £water.

Any decent seller would give your deposit back and take the matter up with the engine builder before re-advertising it.

If he/she does not offer your deposit back then what does that say about them and you may just have to put it down to experience.
 
Walk away.
I agree that there is legal recourse (imho).
Mercenary approach, but it's the owner's problem. Not yours.

Get your deposit back and continue searching - there are plenty of cars out there.
 
Whether they were rebuilding 3 engines or not they would know which one went into which car. Then they fitted new pistons to a used engine, why would you bother unless there were already marks in the bores, so it sounds like they were hoping it would get a bit further down the road than 2000 miles before anything was highlighted.

All stinks a little to me.
 
Smelling a little to me too, how could you mess up regardless of how many engines you're working on. They probably didn't expect the owner to sell it so quick, and the potential buyer to bore scope it! :nooo:
 
"Also the chassis No has been ground away which they say is standard practice. "

I assume you mean the engine number and not the cars chassis no? :what:

re

11. Vehicle identification number

All vehicles registered in the UK must have a unique, stamped-in vehicle identification number (VIN) and registration number.
Find your VIN


The VIN is usually stamped into the chassis of the vehicle. It may be lost if you rebuild or modify your vehicle.
When you may need a new VIN or registration

If you have a kit car, rebuild, or radically altered vehicle, DVLA will usually have to assess it.

You may be able to keep its original registration number if you can prove the vehicle's original VIN. If you can't, you'll have to apply for a replacement identity number.

DVLA will give you an authorisation letter to get the vehicle stamped with the new VIN if your vehicle passes its assessment.

You then need to register the vehicle - you can only do this when DVLA receives confirmation it's been stamped with the correct VIN.
 
wizard993 said:
"Also the chassis No has been ground away which they say is standard practice. "

I assume you mean the engine number and not the cars chassis no? :what:

re

11. Vehicle identification number

All vehicles registered in the UK must have a unique, stamped-in vehicle identification number (VIN) and registration number.
Find your VIN


The VIN is usually stamped into the chassis of the vehicle. It may be lost if you rebuild or modify your vehicle.
When you may need a new VIN or registration

If you have a kit car, rebuild, or radically altered vehicle, DVLA will usually have to assess it.

You may be able to keep its original registration number if you can prove the vehicle's original VIN. If you can't, you'll have to apply for a replacement identity number.

DVLA will give you an authorisation letter to get the vehicle stamped with the new VIN if your vehicle passes its assessment.

You then need to register the vehicle - you can only do this when DVLA receives confirmation it's been stamped with the correct VIN.


+1 walk away and get your money back all sounds far to dodgy to me

The word RINGER comes to mind "stolen car thatsbeen altered to new dubious identity"
 
:eek: Yep I'd be more worried over the grinding out of the chassis number :what:
 
This is why doing proper checks is so needed on cars like this.

Feel bad for the current owner, but its his problem (sadly) and not yours.... i would RUN....

As for the engine number ground away - standard practice if your doing somethign dodgy maybe!!

Count your blessings, get your deposit back.... and find something safer!
 
Correction to my original post..

Thanks for all the advise. It is otherwise an extremely nice car so I am still very tempted to peruse this with the current owner and try to reach a mutual reconciliation however it is really in the hands of the specialist, who shall remain nameless at this point in time. I know that the owner is taking legal advise next week so I will post an update ASAP.
I meant to say the engine number was ground away, not the chassis number. Also just to clarify, Hartech's only involvement in all of this was a research and development program several years ago which a different owner was part of fully accepting the risks etc – they have confirmed that they haven't fitted new cylinders nor re-built the engine since.
 

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