misold dangerous car

BeenThroughItAll

This story bears a quite striking resemblance to another posted on MSE not that long ago.

Johno100

Lrob wrote: »

I've already gotten a quote from another big national garage, they have also said it's not worth repairing because of the sheer amount of damage to it.

Big natonal garage? That wouldn't be Kwik Fit or Halfords by any chance?

Hermione_Granger

dlm wrote: »

Send them a notice before action giving 28 days to rectify the matter, or refund you for the car. I would suggest maybe the latter is better if unmerchandisable. Even a private buyer has a legal obligation to make sure a vehicle is safe if not sold for repair/parts.

You can get a quote from your normal garage, plus 2 others for quotes on the repair work if you want to keep the car. It will be the kind of evidence that you will need for court. If need be, you can go throught the small claims court. I would advise to upgrade to high court if he is going to be a runner.

bigjl wrote: »

Not really.

A private buyer must be honest when asked about specific problems.

Other than that it is buyer beware.

Buyer beware doesn't apply if a private seller has sold an unroadworthy vehicle without ensuring that the buyer was aware of this fact.
Unless certain conditions exist, it is illegal for any seller to sell an unroadworthy vehicle and this applies to both private and trade sellers.

bobbymotors

bigjl wrote: »

Not really.

A private buyer must be honest when asked about specific problems.

Other than that it is buyer beware.

CORRECT

Well pointed out

bobbymotors

Hermione_Granger wrote: »

Buyer beware doesn't apply if a private seller has sold an unroadworthy vehicle without ensuring that the buyer was aware of this fact.
Unless certain conditions exist, it is illegal for any seller to sell an unroadworthy vehicle and this applies to both private and trade sellers.

I'm afraid it does apply UNLESS it can be shown that the private seller was aware of the fault that made the vehicle unroadworthy or deliberately lied about the vehicle when asked.

Other than that, with a private sale, if the car breaks into 2000 pieces 100 yards down the road, then as the buyer and therefore new owner you are fully guaranteed to own every one of those 2000 pieces with no comeback

Lrob_2

We did inspect and test drive the car. Obviously we couldn't really see under the car to be able to see some of the faults. The airbag light was never on and has never come on, it has been tampered with somehow. We also took the mot and service for their merit - which obviously now we shouldn't have done.
I've been to another mechanic since posting, to see a family friend who has confirmed that the other garage are correct - it's knackered. They have confirmed all of the same faults as the other garage and that it's not roadworthy or safe. They have also said that there is no way that the garage that sold us it didn't know about these problems, especially when they've had it back in for the power steering repair (which is still leaking anyway.) When it was in for that I also asked them to check the handbrake because it didn't seem as tight as it should, but was told it was absolutely fine - I now know it's not.
The car is a 9 year old Ford focus, and it was cheap - £1200. It's not about the money though, I realise it's buttons, it's the principle. The car was bought for someone who has been driving under a year, hence just wanting something safe, knowing it wouldn't last forever.
Where I find an issue is that they have mot'd and serviced it stating no problems. I asked about any problems it had, or any they had repaired, and was told it was faultless. I would never expect it to be perfect, but it should have been road worthy. The only issues they said it had was a small scuff on the back bumper and that the bonnet can be stiff to unlock - both things I would expect and are superficial.

Silver-Surfer_2

bobbymotors wrote: »

I'm afraid it does apply UNLESS it can be shown that the private seller was aware of the fault that made the vehicle unroadworthy or deliberately lied about the vehicle when asked.

Other than that, with a private sale, if the car breaks into 2000 pieces 100 yards down the road, then as the buyer and therefore new owner you are fully guaranteed to own every one of those 2000 pieces with no comeback

Which part of Section 75 of the Road Traffic Act states that?

bigjl

So are you going to advise what kind of car or is and the price paid?

As they are relevant to the advice given.

As an example there are common issues with power steering fluid leaks in the Citroen Berlingo (and other Citroens with the same rack) not keeping the fluid topped up can lead to a loss of power assistance. Top it up, bleed it and you have assistance again.

But a car can actually pass an MOT with non functioning PAS (unless they have changed something recently) but you would expect a bad leak to cause at least an advisory if not a fail.

If the car is such a death trap surely you would have noticed it not driving correctly prior to the issues being pointed out by various mechanics.

Mechanics and Garages can be notorious for exaggerating things.

Had my Picanto services today and they made a song and dance about the battery not being a Kia one, it's a brand new heavy duty one, just not Kia branded. And they made a fuss bout the oil filter being a Bosch instead of a Kia branded.

Did they think I was gullible enough to believe I had to fit a Kia battery?

Hermione_Granger

bobbymotors wrote: »

I'm afraid it does apply UNLESS it can be shown that the private seller was aware of the fault that made the vehicle unroadworthy or deliberately lied about the vehicle when asked.

Other than that, with a private sale, if the car breaks into 2000 pieces 100 yards down the road, then as the buyer and therefore new owner you are fully guaranteed to own every one of those 2000 pieces with no comeback

That is totally incorrect.
Unless the legislation in question (In this case it's the Road Traffic act) states that an offence is not committed if the person concerned was not aware of something, then the offence is classed as absolute and lack of knowledge is not enough of a reason for the case to be dismissed.

When selling a vehicle that was unroadworthy when sold, the RTA make no distinction between private and trade sellers, nor does it have any mitigating circumstances that cover the sale apart from those that state it can be sold if advertised as unroadworthy and the seller believes it will not be used on the road until made safe.

dlm

Do what I said earlier = get your evidence from three sources. Not interested in opinions, just get quotes. Just because an airbag light is on doesn't mean all are faulty - so a court won't accept this as a reason for replacing. Just get a cost on repairs - let the garages justify it themselves.

Write your letter to them, maybe reminding them that selling a vehicle in a dangerous condtiotn IF engineer has stated so, is a criminal offence. If just had MOT with them, you could involve VOSA if again, garages state it is unsafe.

Longer you leave it, the more credibility you lose in court.