Employment Lawyers Can Answer Your Employment Law Questions
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.
Would I be correct to assume you taxed the car when you bought it? Did you achieve this without any problems?
I am sure you are right in what you say above. The reason for my enquiry as you have detected was obviously that you cannot normally tax a car without a valid MOT. In any event you can verify the position using the following tool:
The law requires that the car sold to you is fit for purpose and since it is illegal to drive a car without an MOT unless you have booked another MOT the car would fail this statutory requirement and the dealer would be in breach of contract if they sold a car without an MOT. However the position here is that they almost certainly didn't sell the car without an MOT. When it was sold it almost certainly did not require an MOT as you suggest and therefore there would be no breach of contract on the part. As the new owner responsibility passes to you to MOT the car each year after the third year anniverary of its registration. The same would be the case even if the MOT was due the day after you purchase the car.
The only way this would be different is if there were special terms included in the agreement that provided otherwise or the car was described as having an MOT until a certain date or not needing one until a certain date. I have checked Audi's used car terms and they offer a freee cover of up to £750 towards the costs of putting anything right under your first MOT. They do not offer to pay the cost of the MOT themselves. Accordingly the dealer does not appear to be obligated to carry out the MOT for free so this is a gesture of goodwill on their part.
Regretably I cannot see that the dealer will be in any form of breach of contract on the above facts to you as when the car was sold it did not require an MOT. I hope that does not cause any disappointment.
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A pleasure. If I can clarify anything above, or help any further, please do not hesitate to revert to me.