second hand car

unholyangel

emmieco wrote: »

Thank you Baza52 , i was going to say the same thing , how it got to the garage has nothing to do with it, but if you must know , he paid for a pick up to drop it off as he wanted nothing to go wrong on the day he passed his test and was legal to drive and where did i say he was learning to drive in it.

Nothing wrong with learning in your own car, he could also sit the test in his own car if he so wished.

Well, providing the car has a valid MOT of course

gettingtheresometime

The problem with mots is that people assume it means that the car is road worthy months after it has taken place when in reality the car is only road worthy the moment of the mot.

System

It's a private sale, the contract your son has with the seller has two important implied terms.
a) It matches the description
and in the case of cars
b) It's roadworthy - unless advertised as not being.

If your son can prove either of the above isn't the case, he might get his money back via small claims, otherwise he is stuck with it. I suspect, with the support of the inspecting garage that b) might be easier to prove. It must have been unroadworthy on the day of sale, not a problem that developed later.

Selling an unroadworthy car is a crime, so if you are sure, the police might be interested too.

Another thing worth checking is that the seller isn't really a trader pretending to be a private seller.

There is also a third implied term about the title of the goods, but that's not likely to help your son.