Unknowlingly bought unroadworthy vehicle from Dealer

worried_jim

Joosh wrote: »

Hi guys,

Thanks for replies so far. The dealer had been pretty rude with their replies. They're still refusing to give an email address so I'll be sending a letter as I no longer need immediate replies as the decision has already been made to repair the vehicle.

My issue here isn't anything to do with any kind of "satisfactory quality" claims, I know the car isn't new. It's a 2008 Focus with just over 100k. My concern is that the car exhibited the issues very early on, handling issues, pulling to the right, bouncy on bumps etc. The issues all came up on subsequent inspections.

I am surprised that its OK for a dealer to sell a car in an unroadworthy condition. I thought age, price and mileage was irrelevant when roadworthiness was concerned (assuming it's not sold as unroadworthy). The last MOT had one advisory not related to the current issues.

With the distance from the dealer, I'm aware I don't have to drive so far for the car and it's not their fault I'm so far away, but when I buy a car to drive away, advertised as "superb" I do expect it to at least be of the minimum standard for a roadworthy vehicle, surely?

Joosh

What's the minimum standard you are referring to? It had an MOT and it started?

Joosh

NotRichAtAll wrote: »

my opinion is the car was probably a part ex or trade in so the dealer has just put it straight up for sale as is with 6mth remaining mot, no different to you buying a used car from your neighbor with 6mth mot, you should of got it checked over first.

but hey it was checked over...by yourself




Most used/2nd/3rd hand cars make some kind of noise when driven over speed humps or potholes



Car generally suffer more when driven over less maintained roads hence why the tyres appear damaged, the tracking is probably shot to pieces as for the shock absorbers how do you know you did not damage them? You did drive the car back home 250miles did you not feel the steering was not right during this trip, from your post it seems the only issue you had was a rattle on the way home with the car.

sorry if i have picked at your post but these are just my observations, i really don't think the dealer has done anything wrong.

Hi thanks for this,

The roads back were mostly good condition and smooth, not so much in the way of corners and on roads I'm not used to. Put it all down to it being a new-to-me car I suppose. I didn't have much to compare it to on the drive back, plus figured I wouldn't have anywhere to take it back to as they were leaving the premises as I drove away closing for the weekend.

The tracking is apparently fine, it's the seriously worn wishbone bushes that have caused the tyre wear.

I did ask the mechanics who inspected the vehicle for me and they seemed pretty sure that the issues wouldn't have all manifested in the time or distance I'd used the vehicle.

Joosh

Joosh

worried_jim wrote: »

What's the minimum standard you are referring to? It had an MOT and it started?

Well I (perhaps wrongly) thought that the standards required by an MOT were the absolute minimum required to legally drive on the road so if a car won't pass an MOT at the time it is sold then it is sold essentially as an unroadworthy vehicle?

Otherwise a dealer could just sell a car that's pretty dangerous to drive as roadworthy with one months MOT left and that would be OK. I know private sales are different, but would a business seller not have any kind of duty of care?

NotRichAtAll

so if a car won't pass an MOT at the time it is sold then it is sold essentially as an unroadworthy vehicle?

but the car already had 6mths mot hence the dealer was selling as seen in his opinion superb, he is not obliged to re mot it for you, did you ask him too.....No you bought it with the previous owners remaining 6mths, so all those problems manifested from the 6mths prior to you buying it plus your few weeks of driving on your naff roads, i still think the dealer is not at fault

unholyangel

Joosh wrote: »

Hi guys,

Thanks for replies so far. The dealer had been pretty rude with their replies. They're still refusing to give an email address so I'll be sending a letter as I no longer need immediate replies as the decision has already been made to repair the vehicle.

My issue here isn't anything to do with any kind of "satisfactory quality" claims, I know the car isn't new. It's a 2008 Focus with just over 100k. My concern is that the car exhibited the issues very early on, handling issues, pulling to the right, bouncy on bumps etc. The issues all came up on subsequent inspections.

I am surprised that its OK for a dealer to sell a car in an unroadworthy condition. I thought age, price and mileage was irrelevant when roadworthiness was concerned (assuming it's not sold as unroadworthy). The last MOT had one advisory not related to the current issues.

With the distance from the dealer, I'm aware I don't have to drive so far for the car and it's not their fault I'm so far away, but when I buy a car to drive away, advertised as "superb" I do expect it to at least be of the minimum standard for a roadworthy vehicle, surely?

Joosh

As per Road Traffic act - it is an offence to sell an unroadworthy car unless (going off memory) you're a private seller and were led to believe the car wouldn't be used on the road until it was brought back to a roadworthy state or are a trader and made prospective buyers aware that using the car on the road in its current condition would be illegal (that includes selling, offering to sell or exposing for sale - so adverts too).

However, not everything a car fails an MOT for will make the car unroadworthy (don't ask me for a definitive list but its things like braking, steering that poses a real danger to safety). Trading Standards will prosecute traders but have a policy of not prosecuting private individuals.

As per consumer rights act, goods need to match their description, be of satisfactory quality (although what is satisfactory quality depends on circumstances - such as price, age etc) and fit for purpose. I wouldn't say the car is in superb condition but then words like that can have a slightly subjective context. Superb condition for a 2008 car wont be the same as superb condition for a 18 month old car (for example).

takman

Your refusing to take the car back to them so they can inspect the car. Now your getting the parts replaced so there will be no evidence of the problems your having.

The dealer has no idea if the garage you have taken it too is reputable and they have no idea if your just trying it on. So unless your going to let the dealer inspect the car in its current state then you can't expect them to give you any money for repairs made by a third party.

Joosh

unholyangel wrote: »

As per Road Traffic act - it is an offence to sell an unroadworthy car unless (going off memory) you're a private seller and were led to believe the car wouldn't be used on the road until it was brought back to a roadworthy state or are a trader and made prospective buyers aware that using the car on the road in its current condition would be illegal (that includes selling, offering to sell or exposing for sale - so adverts too).

However, not everything a car fails an MOT for will make the car unroadworthy (don't ask me for a definitive list but its things like braking, steering that poses a real danger to safety). Trading Standards will prosecute traders but have a policy of not prosecuting private individuals.

As per consumer rights act, goods need to match their description, be of satisfactory quality (although what is satisfactory quality depends on circumstances - such as price, age etc) and fit for purpose. I wouldn't say the car is in superb condition but then words like that can have a slightly subjective context. Superb condition for a 2008 car wont be the same as superb condition for a 18 month old car (for example).

Thank you for this.

So what I am able to interpret from this is the following:

- The car is of satisfactory quality (in regards to its age and mileage etc), as in - the general cosmetic and engine condition is acceptable.
- This may mean that the description of "superb" is possibly OK in regards to the above (although bearing in mind the below....)
- But the car is not fit for purpose, as it has issues with important parts, such as steering, tyres and suspension.

I am fully aware the car has 6 months MOT, not 12 months. However I paid for a car that should be safe to use, and it isn't.

The hard part is proving that these issues genuinely existed at the point of sale, something I'm quite sure of, given the mechanics opinion. Surely all of this didn't go wrong in one fell swoop in the few hours after buying it. I just don't know how to prove it.

So I should be able to try and get the dealer to sort it out... However I've been stuck between a rock and a hard place so the car is already repaired. I have managed to get the garage to allow me to keep the components that were replaced though (except the tyres).

wealdroam

Joosh wrote: »

I've been stuck between a rock and a hard place so the car is already repaired. I have managed to get the garage to allow me to keep the components that were replaced though (except the tyres).

I fear you are not going to get anywhere with this.

You have given the seller no opportunity to inspect the vehicle before it was repaired.

No seller is going to pay for repairs done elsewhere without prior approval.

As far as your seller is concerned, the replaced parts that you have retained could've come off any vehicle.

Write this sorry saga off to experience and think "what if anything goes wrong?" before buying from the other end of the country next time.

lincroft1710

I'm just surprised anyone would travel 250 miles to buy a 9 yr old Focus. I can only presume OP lives in a very remote part of UK.

Joosh

lincroft1710 wrote: »

I'm just surprised anyone would travel 250 miles to buy a 9 yr old Focus. I can only presume OP lives in a very remote part of UK.

Indeed I do.

The only way to allow them to inspect the car was via a ~£250 haulage fee. We discussed it and they were just being extremely unhelpful and wouldn't give any time frames or anything. The costs of repair weren't that far off this so it wasn't exactly an easy choice.

They have been just saying "trade sale not our problem" and similarly unhelpful things.

I have reports from two separate garages stating faults that existed. I have recently spoken to CAB who have suggested that I should bear no financial burden for a car sold to me that was not fit for purpose - they've also suggested that within the first 6 months or so it is down to the garage to prove that the car was roadworthy when it left their premises.

I have asked them if they inspected the vehicle at all before selling it but they continually won't answer that question.

They're continuing to not provide me with suitable contact details yet being very rude when I'm sending SMS messages as they're apparently "not coming through properly".