Unknowlingly bought unroadworthy vehicle from Dealer
Comments
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however had they sold me a car without these faults I'd not need to get it back to them!
I really think your missing the whole point, in my opinion the dealer is not at fault, he was not obliged to check the car over to make sure it was roadworthy nor was he asked by yourself to mot it, had you asked him to mot he would of discovered the problems it had and fixed them.
As it goes you purchased a car with an existing 6mth mot on it, drove it 250 miles with just a rattle, then see belowIt was a week or so before I had the ability to get under the car and secure the heat shield. This reduced the noise a little however it was still there. I also noticed over that time that on the type of roads where I live (bumpier, more potholes etc) that the car's handling wasn't right.
over time you drove it round on naff roads and yet you could not drive it back to the dealer so he could inspect it................0 -
NotRichAtAll wrote: »I really think your missing the whole point, in my opinion the dealer is not at fault, he was not obliged to check the car over to make sure it was roadworthy nor was he asked by yourself to mot it, had you asked him to mot he would of discovered the problems it had and fixed them.
As it goes you purchased a car with an existing 6mth mot on it, drove it 250 miles with just a rattle, then see below
over time you drove it round on naff roads and yet you could not drive it back to the dealer so he could inspect it................
No, because the miles back was motorway. My road to and from work is a country road, where the issues became obvious. I contacted the dealer, had it looked at and once I knew it was unroadworthy, as a fact, it would not have been sensible to drive it back *knowing* that.0 -
NotRichAtAll wrote: »I really think your missing the whole point, in my opinion the dealer is not at fault, he was not obliged to check the car over to make sure it was roadworthy nor was he asked by yourself to mot it, had you asked him to mot he would of discovered the problems it had and fixed them.
As it goes you purchased a car with an existing 6mth mot on it, drove it 250 miles with just a rattle, then see below
over time you drove it round on naff roads and yet you could not drive it back to the dealer so he could inspect it................
As has been said, its covered by the road traffic act. If you sell an unroadworthy car, you are guilty of a criminal offence.
As a trader, the requirement for them NOT to be convicted of said offence (and that is the wording of the act - not that they are not guilty of an offence if they xyz but that they shall not be convicted if xyz) is to prove they took ALL reasonable steps to ensure that any prospective purchaser aware that use in its current condition on UK roads would be unlawful.
http://www.legislation.gov.uk/ukpga/1988/52/section/75
The vehicle doesn't even need to be sold to commit the offence - simply exposing it for sale (ie by placing an advert or having it on the dealers forecourt) is enough.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »As has been said, its covered by the road traffic act. If you sell an unroadworthy car, you are guilty of a criminal offence.
As a trader, the requirement for them NOT to be convicted of said offence (and that is the wording of the act - not that they are not guilty of an offence if they xyz but that they shall not be convicted if xyz) is to prove they took ALL reasonable steps to ensure that any prospective purchaser aware that use in its current condition on UK roads would be unlawful.
http://www.legislation.gov.uk/ukpga/1988/52/section/75
The vehicle doesn't even need to be sold to commit the offence - simply exposing it for sale (ie by placing an advert or having it on the dealers forecourt) is enough.
Interesting, thank you. It seems, from all of this, that the biggest piece to this jigsaw is proving that these faults existed at the point of sale.
I have a report from around 2 weeks after purchase (nearest appointment I could get plus delays in comms with the dealer) detailing bald tyres (on the far inner edge), inoperational shock absorbers, and then another from when the shocks were replaced, detailing the further investigation of the tyre wear revealing the seriously worn wishbone bushings.
If in a mechanic/professionals opinion this is not something that would all manifest since purchase, along with the "burden of proof" being on the seller, I'm hoping that this might be something I can pursue.
These costs simply arent something I calculated into the vehicle purchase price and if I want to keep the vehicle (or even just avoid paying hundreds simply to transport it) the repairs had to be done for it to be legal to drive as the faults were now known to render the car illegal to drive.0 -
As has been said, its covered by the road traffic act. If you sell an unroadworthy car, you are guilty of a criminal offence.
did the owner of the car who sold/px'd it to the dealer make the dealer aware of the problems, perhaps it is them who is at fault?the miles back was motorway
you would have still noticed the shocks were defective the car would of been sitting low and you would of felt everything that road had to offer, and you would probably of had alot of wobble in the steering.0 -
NotRichAtAll wrote: »did the owner of the car who sold/px'd it to the dealer make the dealer aware of the problems, perhaps it is them who is at fault.
If they did deceive the dealer then that is an entirely separate matter and it's up to the dealer whether or not he wants to pursue them.
When selling goods, it is the responsibility of the seller to ensure that those goods are as described and in the case of a B2C sale, the seller is also responsible for making sure that the goods are fit for the purpose for which they were sold.0 -
Sorry if I've missed it but how much was the Focus?0
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davidwood123 wrote: »Sorry if I've missed it but how much was the Focus?
Sorry, I don't think I mentioned, mainly because it wasn't a "quality" issue but a "fit for purpose" issue, but it was definitely market value and not "cheap as chips".0 -
Yes the dealer may be at fault but I fear you are flogging a dead horse here and should move on, you never presented the car for inspection so how are they meant to put it right.Be Alert..........Britain needs lerts.0
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paddedjohn wrote: »Yes the dealer may be at fault but I fear you are flogging a dead horse here and should move on, you never presented the car for inspection so how are they meant to put it right.
Thanks for the reply, sorry for the delay.
It wasn't even slightly practical, safe, or cost effective to get it to them for them to inspect it. Instead I got it inspected at more than one 3rd party garage and was communicating with them about the situation the entire time.
They haven't denied the vehicle had issues. They've merely gone along the line of "who cares? you bought it with a discount", is if to suggest that by haggling a few 100 off the vehicle I was accepting that the vehicle isn't roadworthy and ignoring the fact they'd advertised it at full price in the first place.
Still in one sided "negotiations" with these idiots with a NBA on the way to them tomorrow.0
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