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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I purchased a second hand car from a dealer during july, when

Customer Question

I purchased a second hand car from a dealer during july, when looking at the mot I noticed that it had ten items listed as advisory, these being corrosion to suspension arms and sub frame, the certificate also stated DANGEROUS in bold print. I returned the car to the dealer who said that they had not checked this and were surprised and would re MOT the car, this was done and the car came back failed on brakes but still advised corrosion to the same areas with the word DANGEROUS removed, I would like to know what legal right I have as the car was sold as a good little car, thank you
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How old is it and how much did you pay please?
Customer: replied 2 years ago.

2003 and it cost 3600 pounds. Which advises that under the sale of goods act the car is not fit for purpose, and it was sold under misrepresentation by stating that " It is a nice little clean car ", is this correct advise ?

Expert:  Jo C. replied 2 years ago.
Before the OFT became the Competition and Markets Authority it produced this useful guide which is a guidance and not law nonetheless second-hand car dealers are expected to comply with the requirements.
http://www.shetland.gov.uk/tradingstandards/documents/Checklistforsecondhandcardealers.pdf
They are in breach of the provisions of the Sale of Goods Act in that the goods are not of satisfactory quality or fit for purpose.
There is already case law which says that they must be given 3 chances to rectify the faults and have failed to do so.
Because you have only had the car for a month because of the nature of the problems you are entitled to reject the car for a full refund. That timescale varies in which you can reject the car depending on the price you paid, the market value, and the mileage of the car but is not more than 6 months in any event. You are well within that time.
However even though you may be entitled to reject the car, actually doing so and getting the dealer to part with the money as a refund is 2 different things altogether.
It would certainly be worthwhile contacting VOSA with regard to these MOT's because I cannot see how it can be dangerous the 1st time and not dangerous the 2nd time. It also begs the question as to how if something is marked as dangerous, it can have a pass certificate at all.
I would also refer the matter to trading standards because they are particularly keen on getting to grips with second-hand car dealers that do not toe the line.
Finally, selling an unroadworthy car is a criminal offence and as a matter for the police. Here is some more information from Citizens Advice.
http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/the_car_you_bought_is_not_roadworthy.htm
Can I clarify anything for you?
Jo

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