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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44366
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a used car from a dealer last weekend and have had

Customer Question

I bought a used car from a dealer last weekend and have had reason to put it into a garage for an item to be replaced under the warranty, which is ok.
However, the garage has advised that the car has been modified from the original specification and may not pass the MOT test in its current condition because of the modification. The car was supplied with a brand new 12 month MOT test certificate.
I feel that the dealer has misrepresented the vehicle and I am inclined to return it and demand a refund. Please can you advise what my rights are?
Thank you
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. When did you by the car?

Customer: replied 1 month ago.
Hello Ben, bought the car last Saturday, 20th August
Customer: replied 1 month ago.
Ben - I haven't heard back from you....
Expert:  Ben Jones replied 1 month ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer laws.

First of all, the following business practices are deemed unfair if they prompted you to make a decision to buy the car in question:

· Giving false information about the vehicle or deceiving the buyer through false advertising

· Giving insufficient information to the buyer, for example leaving out important information about the condition of the car

Failure to adhere to these rules will be unlawful and may even amount to a criminal offence so if you believe that the dealer acted in contravention of these rules you can bring this up with them when you contact them about this.

Your other rights state that when you buy an item from a business seller it must be of satisfactory quality, fit for purpose and match its description. If the car does not satisfy any of these, the dealer will be responsible.

They will only be liable for issues that were present at the time the vehicle was sold, even if they become apparent later on. However, they will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale.

If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. However, this will need to be done within the first month after purchase.

If the dealer refuses to resolve this issue or accept any liability, you could take legal action against them. However, before going down that route you should try and resolve the issue directly with them by sending them a formal letter specifying how you want this matter resolved and giving them 7 days to respond. Advise them that if they fail to get back to you or deal with this in a satisfactory manner, you will have no other option but to report them to Trading Standards and issue legal proceedings to seek compensation.

This is your basic legal position. I have more detailed advice for you in terms of the options you have should they refuse to accept the rejection, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44366
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 month ago.

Thank you. If they refuse to accept the rejection then you cannot force them to take the vehicle back but you can pursue them for compensation for the value of the car or any repairs that may be required to bring it to an acceptable standard. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 1 month ago.
Thank you, Ben
They are going to collect the car next week and I am waiting for them to advise when this will be. Once they have had a chance to see for themselves they will start talking, but I expect they will refuse as a matter of course. Still, I'll have to wait and see what they say and then decide what to do.
Expert:  Ben Jones replied 1 month ago.

No problem, hope you have enough here to go by, if not you know where you can find me

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