Used car bought from dealer reveals to have defective/unroadworthy

blon

Hello,
A friend of mine purchased a used Mercedes from an independent dealer (not from a main dealer) 2 weeks ago. It turns out that the stabilising suspension arm on the left-hand side is so severally worn out that it has caused the right front tyre to be so severally worn that there is no profile left on inner side of the tyre.

This was revealed after the car was submitted to a MOT-test equivalent in Germany - it had been exported right after the purchase. Unlike MOTs in the U.K. the German "TUEV" test is not carried out in local garages but at independent test centres - they have no special incentives to detect more faults than there are to a car.

The car thus failed the technical test and it was required that both the right front tyre and the faulty suspension arm (which had too much play) were replaced before it passed the test. They deemed the car unroadworthy before that and driving that car dangerous.

I'm asking what lever we have against the dealer to ask for a reimbursement of the repairs -he did not disclose these faults at the time of sale. The car had passed MOT one month before the sale at his own garage, which may explain a conflict of interest on his part. However, according to citizens' advice website, the MOT is not a proof of roadworthiness, hence he may not be able to excuse the fault with the fact that the car had MOT. According to that website, within 6 months of the purchase, in the case of a defect, it's even up to the dealer to prove the car was roadworthy, while the proof is down to the buyer after this period.

Thanks,
Bob

EdGasket

Normally you have to take it back to where you bought it and give them the chance to put it right. I doubt you will get anywhere if its been exported to be honest.

blon

Do you know for sure that it is the case that the dealer must get the chance to put it right themselves, so the choice of how it's fixed is theirs and not yours, of the customer?

Thanks for your reply. Any more opinions?

motorguy

blon wrote: »

Do you know for sure that it is the case that the dealer must get the chance to put it right themselves, so the choice of how it's fixed is theirs and not yours, of the customer?

Thanks for your reply.

I would doubt you would have any hope of recourse from the dealer if it was exported.

The dealer has the right to examine the car and have the opportunity to repair. The buyer cant just get work done and expect the seller to pay.

Cant see you get any "rights" enforced, given the car is no longer in the UK.

Bantex_2

sounds like th German definition of roadworthy may differ from the UK

mattyprice4004

blon wrote: »

Do you know for sure that it is the case that the dealer must get the chance to put it right themselves, so the choice of how it's fixed is theirs and not yours, of the customer?

Thanks for your reply. Any more opinions?

You have to give the seller chance to put the fault right, or I could buy something and make up all sorts of faults.
It's not their fault it was exported, so this doesn't change the fact it should have been returned to them for repair.

blon

Thread opener here again:
What if the car wasn't exported but the buyer went on a trip with the car 1000 miles away from home and the car had a break down. Any roadside assistance would do nothing more than tow you to the nearest garage, but not back to your seller in the UK. The car would then have to be repaired on site to be roadworthy again or towed back to the UK at an immense cost.

Do you still maintain that it's up to the seller to have the chance to look at the car in case of any fault appearing?

AdrianC

Bantex wrote: »

sounds like th German definition of roadworthy may differ from the UK

If the suspension arm was so bent that the tyre was that badly worn, why did it take a TuV to notice it?

Without knowing exactly which suspension component is involved, I'm surprised that wear would cause tyre wear, rather than just play. If, indeed, the problem was a bent rather than worn suspension arm, then I'd have said the onus was on the purchaser to prove that the fault was indeed present on sale - it's the kind of thing that could easily be done a mile down the road after collection.

It it really is wear, than the MOT should have spotted it - but, again, it needs to be inspected by VOSA (which means "in the UK") to do anything about it.

arcon5

The fact it's 'used' also plays a part - you don't expect components to be like new, you expect them to be subjected to reasonable wear and tear based on its mileage, age and description.

blon

AdrianC wrote: »

If the suspension arm was so bent that the tyre was that badly worn, why did it take a TuV to notice it?

Without knowing exactly which suspension component is involved, I'm surprised that wear would cause tyre wear, rather than just play. If, indeed, the problem was a bent rather than worn suspension arm, then I'd have said the onus was on the purchaser to prove that the fault was indeed present on sale - it's the kind of thing that could easily be done a mile down the road after collection.

It it really is wear, than the MOT should have spotted it - but, again, it needs to be inspected by VOSA (which means "in the UK") to do anything about it.

The cross strut was worn out, had way too much play, and needed to be replaced. Tuev said wheel could have fallen off while on the road.

I beg to differ with respect to your statement that it would have been up to the buyer to prove the fault. According to http://www.adviceguide.org.uk/nireland/consumer_ni/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/the_car_you_bought_is_faulty.htm, within 6 months of the purchase, it's down to the seller to prove the car's satisfactory condition.

mattyprice4004

blon wrote: »

Thread opener here again:
What if the car wasn't exported but the buyer went on a trip with the car 1000 miles away from home and the car had a break down. Any roadside assistance would do nothing more than tow you to the nearest garage, but not back to your seller in the UK. The car would then have to be repaired on site to be roadworthy again or towed back to the UK at an immense cost.

Do you still maintain that it's up to the seller to have the chance to look at the car in case of any fault appearing?

Yes, the seller still has to be given the chance to rectify faults before any alternative routes are taken.