How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69790
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

I purchased a car privately. the car appeared to be in good

Resolved Question:

I purchased a car privately. the car appeared to be in good working order, however I have had it inspected after 2 days use and discovered that the 4 tyres are completely warn on the inside edge (mechanic wrote damaged on the report) and the rear shock absorbers are leaking.
I had to leave the car at the garage to be repaired as it is not roadworthy (would fail MOT and potentially unsafe) in its current state. Can I used RTA S 75 against the seller and ask him to pay for the repairs as it was his obligation to inform me of the car was not roadworthy and it is otherwise illegal to sell a car in an unroadworthy state?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am afraid that the fact it would fail the MOT does not mean it is unroadworthy within the meaning of S75.
S75 is a very high test and, in truth, you are not describing an unroadworthy vehicle. That is not to say that there are not other faults that would offend against S40 but it is not unroadworthy.
You may be able to drop down upon the law of misrepresentation if he overtly said something untrue or misleading about the condition of the car but I am afraid that S75 is unlikely to assist you if the only complaint are bald tyres and leaking shock absorbers.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
For my information - What is the definition of unroadworthy? I read several articles on this giving general problem areas (including faulty tyres).
Other irregularities were the description which stated the car was modified to 600bhp, while the garage who offer the modification state it at 590bhp. The car was described as being in 'fantastic condition', however I imagine this is open to interpretation, or can the damage be considered at odds with this description?
Lastly, upon my inspection the owner specifically described the tyres to be in order as I couldn't get under to fully assess them and despite a few stone chips on the front to have no problems whatsoever (verbally of course)
Thanks
Expert:  Jo C. replied 2 years ago.
There isn't a set definition. That is one of the problems. S75 unhelpfully does define it.
It comes down to an overall interpretation of the state of the car.
Faulty tyres can form part of an unroadworthy car but it is not usually sufficient on its own.
The modification could form part of a misrepresentation argument.
'Fantastic condition' is another unhelpful phrase. It is one that private sellers quite often use. I don't think they do it deliberately but it just clumsy langage. A court may say that it isn't necessarily at odds with the need for some work depending on the age and history of the car and the price you paid for it.
That said, personally I would sue on that basis. You have the basis of a misrepresentation argument and quite often sellers will settle. He isn't going to want to court and be scrutinised about this.
Customer: replied 2 years ago.
Last few questions...the sales receipt had the option of marking the purchase sold as seen. However we did not check it. Does this have any bearing on the case?
Does the fact it would fail an MOT not have any bearing on its roadworthiness?
Expert:  Jo C. replied 2 years ago.
1 No. It is a complete myth. That will not stop a claim
2 Only to the extent that if it were an MOT pass then you could not argue that it is unroadworthy. An MOT fail does not prove unroadworthiness
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69790
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.
The misrepresentation argument is clear.
Slightly confused with the second answer. The car has a valid MOT dated August 2014. The damaged tyres would make it fail an MOT now, so could IT support a claim of unroadworthy ness?
What are the appropriate resources to help determine basis for a road worthines argument?
I have searched the MOT handbook, the 'Road Vehcles (Testing)', 'Road Vehicles (Construction and Use) and the DVSA website, they all point to an annual roadworthyness test, which I infer as the MOT for the UK, ergo a vehicle that would fail an MOT is unroadworthy.
What would a court look to in respect of legislation and definitions?
Expert:  Jo C. replied 2 years ago.
No. An MOT fail does not prove unroadworthiness.
There isn't a set definition. That is one of the problems. S75 unhelpfully does define it.
It comes down to an overall interpretation of the state of the car.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    3084
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3084
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    6
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    130
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor/Partner

    Satisfied Customers:

    80
    Partner in national law firm
  • http://ww2.justanswer.com/uploads/AM/amesaw/2016-10-14_195646_fgrimsleeperc.64x64.jpg Jamie-Law's Avatar

    Jamie-Law

    Solicitor

    Satisfied Customers:

    43
    Solicitor
  • /img/opt/shirt.png LondonlawyerJ's Avatar

    LondonlawyerJ

    Advocate

    Satisfied Customers:

    12
    I am a solicitor with particular expertise in road traffic law.