Car bought with illegal tyres even though advert stated all tyres are good

Fluff15

jase1 wrote: »

As mentioned though the guy doing the service is not doing his job properly if he doesn't at least warn that the pads are nearing EOL. That doesn't have to mean that they need replacing there and then.

I took my car in recently for a service, and they told me the pads were down to a few mm (I don't remember the exact number). I asked how long he thought they'd last, the numbers worked with the idea of getting them done at the next MOT, which I did. Job done.

I'd be annoyed to say the least though if a mechanic hadn't told me that they were getting marginal (I was aware from regular quick checks that they were wearing down, but that's beside the point).

The second garage had said they were wearing but no need to replace yet - we take all our company vans and cars there and trust them implicitly, they definitely would be changing them if needed. The Jaguar garage on the other hand, who the car was taken to initially, said that the pads had worn completely and that the disks needed doing too on both the back and front which wasn't the case. We'd only taken the car to the Jag garage we'd bought it from as the check was a free one under the terms of purchase, and this experience had led me to believe Jag are overexaggerating some of their issues to get the sales through. Our indy garage did the second checks for free too.

Nessun_Dorma

Marktheshark wrote: »

There is no "legal position"
Tyres are consumable items and opnions on tyre condtion are subjective opinions at best.
If you had obtained a independent inspection from an expert as to condition and safety and gone back to the dealer you might had a chance.
Independent can not be someone selling you any products or service.

Why not just buy from the Jaguar dealer in the first place if you expected the car to be prepared to main dealer quality ?

Irrespective of the OP's position, that really is bunkum.

The advert said that the tyres were in good condition. If the car was sold with tyres that would not have passed an MOT, then the car was sold as "not as described."

Tyres are not a "consumable item" which is subject to opinion when it comes to condition.

Nessun_Dorma

kev100 wrote: »

I know what you are saying, but we didnt get the Jaguar dealer to change the tyres, they pointed out and showed the problems where the tyres were illegal when the car was on the ramp, and we took the car away and ordered from black circle tyres of the internet ..

Do you still have the old tyres? Is it possible for the dealer to offer a written sworn statement of fact as to the condition of the tyres?

Nessun_Dorma

maninthestreet wrote: »

Cracks don't necessarily mean the tyre is illegal....

It may very well do so, depending on the extent of the cracking and judging by the description by the OP, it sounds like the cracking was extensive. However, if there were cracks, they were not in good condition.

Nessun_Dorma

Marktheshark wrote: »

Most likely, but as you have not offered the dealer the chance to rectify the situation, you have no Legal re-course, that is the law unfortunately.
How would you prove what you are claiming ?

There is no automatic requirement to offer a seller the opportunity to correct a fault, especially if the fault poses a significant safety concern.

HappyMJ

Nessun_Dorma wrote: »

Irrespective of the OP's position, that really is bunkum.

The advert said that the tyres were in good condition. If the car was sold with tyres that would not have passed an MOT, then the car was sold as "not as described."

Tyres are not a "consumable item" which is subject to opinion when it comes to condition.

Tyres with cracks in the rubber could still pass an MOT. As the OP said either illegal or in bad condition. That's subjective which one is it they are either one or the other. Being in bad condition is not illegal.

Nessun_Dorma

Stevie_Palimo wrote: »

That will be a few and far between thing then as most main dealer garages are priced up more on most if not all services and items supplied.

My local Citroen dealer quotes me a better price than three local independents.

Nessun_Dorma

TBagpuss wrote: »

OP, I agree with PPs that you ought to have contacted the dealer when you were told the tyres were not legal, and given them the opportunity to rectify the issue at that point.

You could still contact them - however, you would need to be bale to prove that the tyres as supplied were not as described - do you still have the tyres? Or photos of the damage? or a report from the garage stating the condition the were in?
If you have either of the first two then I think you can argue that the dealer should pay for part ofthe cost - however, i would not expect them to pay the full amount - in particular, you now have new tyres, not part used ones, and you presumably paid for fitting. The dealer may well argue that had you raised it with them they would have fitted good quality used tyres and would not have incurred any fitting costs, and that they should not be expected to pay more than it would have cost them to rectify the issue.

You have significantly weaked your own position but at this point you have nothing to lose by raising the issue with the dealer and seeing whether they are able to offer some concession.

Missing spare - you can still contact the dealer on this one.

Although a lot of what you have said is common sense, in most cases, the dealer told the buyer that the tyres were in good condition. There would have no cause to have raised the issue, because, as far as the buyer would have been concerned, the dealer was telling the truth. I know, in reality, it is probably wise to assume that they are not being totally honest, but the law doesn't necessarily allow for "real life." It is more interested in absolutes.

Nessun_Dorma

Strider590 wrote: »

Sounds more likely the dealership may have sold you 4 new tyres just to meet their sales targets, but you'll never know.... Should really have checked them yourself.

Take it as a lesson learned, it could have been something MUCH more expensive than tyres.

That's quite a leap of assumptions there.