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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice
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I've bought a second hand 4x4 from a second hand car

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I've bought a second hand 4x4 from a second hand car dealership for £5000. It has a brand new 12 month mot certificate with it. I bought the car 10 days ago with a 30 day guarantee on it. I took it to a garage today to have the wheels and brakes checked and they noticed a large rust hole in the chassis around the rear leaf Spring hanger which is a major mot failure. They gave me a good priced quote of £2000 to repair it as it means that, being a 4x4, the body of the vehicle has to be lifted from the chassis first. Where do I stand with the second hand car dealership? Can I get all of my money back and return the car or do I have to accept if they offer to repair? I would like my money back and they have broken the law I think in putting a new mot certificate on an mot failure to which VOSA would be interested to hear.
Have you paid for the repairs already?
Customer: replied 1 year ago.
No. I should have said warantee not guarantee in my original question
Customer: replied 1 year ago.
I have only had the car looked at, not repaired in any way. It is in its original bought condition
On the face of it then you would have the short term right to reject under Consumer Rights Act 2015 as you are still within 30 days of purchase and this is a breach of S10.The only way they could escape that is to argue that it is not a breach of S10, as it does not render the car unfit for purpose per se although it goes to the MOT. Even then though you would have a claim in misrepresentation for either the diminution value or a full refund. It is not likely to come to that though.Can I clarify anything for you?Jo
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