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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12070
Experience:  30 years as a practising solicitor.
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My husband bought a car from a registered car dealer for

Customer Question

Good Evening,
My husband bought a car from a registered car dealer for 5800 pounds. It was sold to him with 12 months MOT. He had been driving for 40 or 45 minutes, when the dealer phoned him saying he realised the car had no current MOT, and could he please return the car so it could be serviced. As my husband was nearer home than the garage, he elected to drive on and have it checked at the local garage, the dealer said he would pay for this. The local garage were horrified at the state of the vehicle, giving it 18 fails and 3 advisements.
The dealer initially offered a refund, but wanted us to return the vehicle. When we pointed out it was now illegal to drive, he said we would have to pay to have it collected. He is also saying he had already sent the V5 part of the registration document to Swansea, and we cannot have any refund until the car is back in his name. The car is still being advertised for sale on his website, with a 12 month MOT. The car is currently still with our local garage.
What can we do to get our money back? What are our rights?
Many thanks,
Caroline and Innes.
Submitted: 8 months ago.
Category: Scots Law
Expert:  JGM replied 8 months ago.

Thank you for your question which has now been passed to me as a solicitor in Scotland. It is legal to drive a vehicle without an MOT provided it is being driven to an MOT station. So in theory you could have it driven to the dealer. However I can quite understand why you would want to do so. I think you have to get a bit tougher with the dealer after all he is the one in breach of contract. Tell him you are rejecting the car, he can collect it from the other garage and that he has 48 hours to refund your money and if he doesn't you are going to sue him in the sheriff court. There is of course no doubt that you will be successful and you will be able to claim your legal costs as well. He is the one who sold you a car that was in fact illegal to drive. You should see a solicitor if he doesn't refund you immediately. His assertion that you can't have a refund until the car is back in his name is ***** ***** I hope that helps. Please leave a positive rating so that I am credited for my time.