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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice
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Is it illegal for a car trader to sell a high performance car

Customer Question

Is it illegal for a car trader to sell a high performance car with budget tyres?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

I have bought a car recently that is capable of 185mph and the dealer I bought from had budget tyres fitted ie not rated for speeds over 120 mph.

I had a blow out in Germany over the weekend at 160 mph and it nearly killed myself and a friend. The budget tyre got too hot and blew out, damaging the wheel to.

Expert:  Jo C. replied 3 years ago.
how did he describe the tyres at the time of sale?
Customer: replied 3 years ago.

He quoted good tyres

Expert:  Jo C. replied 3 years ago.
thanks.
Did you tell him at the time of sale that you intended to use the vehicle in Germany at this speed?
Customer: replied 3 years ago.

No I did not but if you sell a car with nearly 500 bhp it should have tyres rated for the speed the vehicle can achieve.

Expert:  Jo C. replied 3 years ago.
Well, except that it is unlawful in the Uk to do about 70 mph.
If the tyres were adequate within the requirements of the UK and you didn't mention any specific intention to use the vehicle in this way then I'm afraid I cannot see a claim here.
The tyres must comply with the construction and use legislation in the UK obviously. Otherwise there is a claim.
The SGA though just demands that vehicles are fit for purpose within the contemplation of the parties. If these tyres were suitable to do 70 mph and there was no suggestion this would be used off road at a car rally or something similar then I am afraid I cannot agree that a court would accept that this does amount to a fault.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo