Found Fault cover up after owning car 2 days

70sthrowback

Hi,

bought a used car from a dealer on Sunday, its over 10 years old so dont expect it to be perfect. It had a noisy alternator belt so I took it to a local specialist to be replaced and asked them to do a once over on the car for me. (this was 2 days after the purchase). They plugged in the diagnostic tool and found that there was an ABS and Airbag fault which meant the fault lights should be lit permanently (they arent). On further investigation it was down to the seat belt pre-tensioners being detontated although there is no sign of a crash and the car is HPI clear. It looks like someone has basically broken the diodes in the instrument cluster so the fault lights can't be seen. So its not visible, but does mean neither the airbag or abs is fully functional.

So my query is, under the SOGA can I demand a refund as its not fit for purpose and not as described, which was very good condition in the advert. I would prefer them not to repair as I could be without the car for a while as it needs a few things replacing to fix this.

From what I have read I could reject the car, which is another option?

I rang the dealership, they are a small family one and the owner is on holiday until tomorrow, so although I told the person who answered about the issue, I am not going to get a response just yet. I also emailed them covering all the details. Is there anything else I should be doing, and am I within my rights under SOGA to demand a refund rather than repair?

Thanks in advance

bod1467

The key term for SOGA is "acceptance". Once you are deemed to have accepted the goods then you can make a preference for the remedy (repair, replace, refund) but the choice ultimately lies with the seller.

I would say owning the vehicle for 2 days does not constitute acceptance, so you'd be within your rights to reject under SOGA for SNAD - Sold Not As Described. However you'd need to stop using the vehicle completely; if you continue to use it then you could be deemed to have accepted it.

70sthrowback

Hi thanks for this. I have stopped using the car and emailed the garage to let them know as I believe the car is unroadworthy (which makes it illegal for them to have sold it). From the CAB site unroadworthy in this specific case would include faulty brakes, the ABS light is on so technically there is a brake fault. Also seat belts that dont work properly, with the tensioners being detonated already, then they couldnt be deployed again in a crash. Which to me isnt working as they were designed.

Thanks again for the comment. I just want to build up my case so the dealership have no arguments and will hopefully just give me a refund to be able to move on quickly.

tberry6686

Do the abs and airbag lights come on when you start the car - if not then they may well have been broken to hide the issues. if they do come on then it is more likely that the codes have not been cleared from a previous time.

70sthrowback

they dont come on, the diodes have been broken. The independant garage confirmed this. The fault is a permanent fault in the ABS control unit, due to the seat belt tensioners having been detonated at some point. I have been told the only way to clear the fault is to replace the ABS control unit. But as the instrument cluster has been damaged to hide the warning lights, this needs replacing too. As of course do the seat belt tensioners. They have me a price of over £1k including fitting.

Because the fault light doesnt come on and go off this means it is an automatic MOT failure. Moreover there is a safety issue given the airbags and abs have faults. Hence why I am saying the car is unroadworthy.

tberry6686

then the only thing to do is reject the car and run a mile from the dealer who sold it as they have shown themselves to be complete cowboys.

70sthrowback

I am yet to speak to the owner. I am just hoping they will be reasonable about this as I do not want to get into a small claims battle, or use trading standards if I can help it. Will find out soon. Thanks for the advice so far

WellKnownSid

70sthrowback wrote: »

Because the fault light doesnt come on and go off this means it is an automatic MOT failure. Moreover there is a safety issue given the airbags and abs have faults. Hence why I am saying the car is unroadworthy.

https://mattersoftesting.blog.gov.uk/common-mistakes-made-by-mot-testers/
"When testing SRS MIL (Malfunction Indicator Light) lamps we are only looking to see if the lamp indicates if there is a fault with the system. If no lamp is present or it doesn’t illuminate then it can’t indicate a system fault, so it can’t be failed. Some vehicles may also incorporate warning messages on dash board displays; these are in addition to any MIL lamps and should not be used as a reason for rejection."

martinsurrey

WellKnownSid wrote: »

https://mattersoftesting.blog.gov.uk/common-mistakes-made-by-mot-testers/
"When testing SRS MIL (Malfunction Indicator Light) lamps we are only looking to see if the lamp indicates if there is a fault with the system. If no lamp is present or it doesn’t illuminate then it can’t indicate a system fault, so it can’t be failed. Some vehicles may also incorporate warning messages on dash board displays; these are in addition to any MIL lamps and should not be used as a reason for rejection."

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429032/mot-inspection-manual-classes-3-4-5-7-vehicles.pdf

there is the MOT test manual.

section 3.4 page 1

test if the lamp works, fail if the lamp doesn't work.

this car would fail an MOT

70sthrowback

That's interesting as it is not what I have been told or read. If there is an airbag warning light and an abs warning light these should come on when the key is turned. Then go back out again when the engine is started and the engine management system runs its self check.

So you are saying this in incorrect? And the fact that the lights should be on as there are faults on the system doesn't make this an mot fail?

martinsurrey

70sthrowback wrote: »

That's interesting as it is not what I have been told or read. If there is an airbag warning light and an abs warning light these should come on when the key is turned. Then go back out again when the engine is started and the engine management system runs its self check.

So you are saying this in incorrect? And the fact that the lights should be on as there are faults on the system doesn't make this an mot fail?

no, read the MOT test handbook I posted, one of the tests is that the warning bulb works, and its a failure if it doesn't.

I'd rather believe the handbook, over some post on a blog.