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Joshua
Joshua, Laywer
Category: Employment Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I purchased a used Audi from Milton Keynes Audi a few months

Resolved Question:

Hi,I purchased a used Audi from Milton Keynes Audi a few months ago. They went through a long list of checks that they said they did before selling a new car. I assumed everything was in order and drove the car off their premises. The car reg is LM14 LPP so I presume it was registered in 2014.Last week I phoned up to ask when servicing and MOT were due and they said the car would tell me when servicing was due, but they had no idea when the MOT was due. They asked me to come in so that they could have a look at the car, and almost immediately they said the MOT was due now, and if I didn't get it done today I would be driving illegally.They are getting the MOT done today at no cost to myself.Where do they stand legally? Have they committed an offence in selling me a car with no MOT?Thanks,
Submitted: 1 month ago.
Category: Employment Law
Expert:  Joshua replied 1 month ago.

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?

Customer: replied 1 month ago.
HiYes I was able to tax the car. The reason was that the car was registered on 10th May 2014 so presumably the first MOT would be due on 10th May 2017. I purchased the vehicle on 11th April 2017 so the MOT was due one month after the purchase.The Audi shop never thought to make me aware of this, and whilst I bear some responsibility for checking this, I believe that they should have done the MOT before selling it to me.
Expert:  Joshua replied 1 month ago.

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:

https://www.gov.uk/check-mot-status

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.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: replied 1 month ago.
That's pretty much what I expected.
Thanks.
Expert:  Joshua replied 1 month ago.

A pleasure. If I can clarify anything above, or help any further, please do not hesitate to revert to me.

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