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Help - Tyre issues with used car - private purchase

abd08
abd08 Posts: 43 Forumite
Hi all,

Purchased a used car privately.

One of the tyres had a screw in it in the middle of the tread (on a runflat), and this was known at purchase.

So I take it to get it repaired at a specialist place, and when they get the tyre off, there's already 2 repairs. One which in on the sidewall/edge, and another in the middle, except using a patch designed for regular tyres, not runflats.

It can also be seen that the inside of the tyre has damage to the left of the screw, which would only really happen if it twisted and rubbed onto the screw itself. The above points make the car legally unroadworthy.

Seller has told me he's had new tyres put on the car a few months ago.

The problems as I can see them are:

1. I need to get the other tyres off to see what's going on, as I don't trust what's on there now. This will cost £ and am having a hard time finding a place willing to do it (North London). Apparently specialised equipment is needed, which not all garages have.

2. With at least that tyre, as-is, the car has been sold to me in an unroadworthy condition. This is not legal, so I will need to go back to the seller to sort this out. The question is, do I do (1) first, or what's the best approach without prejudicing my comeback on the vendor?

Ideas/thoughts appreciated.

Thanks
«13

Comments

  • tired_dad
    tired_dad Posts: 641 Forumite
    Part of the Furniture 500 Posts Name Dropper
    My suspicion: buyer beware unless you have written/documentary evidence that you were misled.
  • Richard53
    Richard53 Posts: 3,173 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I don't think the seller was under any obligation to inform you about the previous repairs, if they were done professionally. If I was selling a car and one of the tyres had been properly repaired, I wouldn't feel I had to inform the buyer (although I probably would, to save this kind of hassle).

    And you were aware of the current fault in the tyre at the time of purchase. As said above, unless you can prove that you were intentionally misled, I think you'll have to take this one on the chin and put it down to experience.
    If someone is nice to you but rude to the waiter, they are not a nice person.
  • abd08
    abd08 Posts: 43 Forumite
    Thanks for the answers

    I totally understand and accept the situation, but the key words here are "properly repaired". The tyre which has been checked clearly hasn't been properly repaired, and is actually not legal for road use.

    edit: to be clear, the 2 existing repairs are illegal.

    The screw (which was already known about) is a separate matter, and doesn't influence the above.

    Hope that makes sense?

    In terms of buyer beware, again, I'd normally chalk it up to experience, but as it stands, the car was not roadworthy when sold, and that in itself is NOT legal.
  • redux
    redux Posts: 23,001 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I wouldn't care much about the previous repairs.

    It needs a new tyre anyway.
  • attila_
    attila_ Posts: 462 Forumite
    Ninth Anniversary 100 Posts Combo Breaker
    I thought private sales were 'sold as seen'?

    Just accept it and buy a new tyre.
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    Is it worth getting your knickers in a twist over a tyre that you chose to drive on knowing it had a screw in and needed replacing anyway?
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
    Ninth Anniversary Combo Breaker
    As the last two posters suggested, the screw in the tyre made it unroadworthy anyway which you were aware of.

    I honestly can understand your concern - especially with a straight patch repair, which no "respectable" tyre place would have agreed to so, leaving the question of who exactly did do it. But I'm not entirely sure that the law would draw a distinction between "known unroadworthy" (which, incidentally, you also committed an offence driving it away on) and "more unroadworthy" for the same item.
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
    Ninth Anniversary Combo Breaker
    attila_ wrote: »
    I thought private sales were 'sold as seen'?

    Not in matters that affect roadworthiness - all sellers are legally prohibited from selling cars in an unroadworthy state unless they make the fact clear and have good cause to believe it won't be driven on road before it's repaired.

    In this case the seller did point out that the tyre was unroadworthy, but not the full extent of the damage, but also was obviously happy for the OP to drive away regardless.

    So they, as well as the OP, did commit an offence (respectively, selling knowing it would be driven / driving it) but possibly not one that could invalidate the sale seeing as enough of the fault was mentioned for the OP to know there was a problem with that tyre.
  • marlot
    marlot Posts: 5,009 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The seller is not expected to be an expert in tyre repair. (unless that is his business). So how is he to know whether a previous repair is legal or not?
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You would need to prove the owner knew the repairs were substandard.
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