Used car looking like it may not road worthy - what can I do?

Ivywestpop

Hi all, I purchased a campervan conversion in December 2022 via autotrader with a private seller, and have since had it checked out by my mechanic. Unfortunately they have advised that the road worthiness is looking questionable (awaiting further inspection as due to weight couldn't inspect fully at their garage) due to excessive corrosion underneath. The van had an MOT in November 2022, which it passed with a few minor advisories, no mention of the corrosion which it seems impossible that they would not have spotted. No mention of this from seller, and the advert advises it is in good order. What can I do? It is within 3 months of the MOT so I will report the garage, but obviously this doesn't resolve the sale of a potentially unroadworthy vehicle. Any advise would be much appreciated. My thoughts are to contact the seller and let them know that they have sold an unroadworthy car - which is of course illegal - and give them to option of purchasing it back/refund to avoid me taking this further. I am awaiting a call back from the bank to see if they can support recovering any of the money, given that it was an illegal sale. Is there anything I can access through autotrader - can't find anything on their site unfortunately. I am aware now that I should have had checks done before the purchase - so please not too many comments on that! Potentially a very expensive lesson learned, but I also feel that I should be able to do something about this? Thank you.

SaverRate

Private sales are sold as seen so would be very surprised if you have any comeback on the seller. If you have legal cover with your home insurance call them and ask for advice?

Aylesbury_Duck

I wouldn't go accusing the seller of selling you an vehicle illegally. One, you don't know it's unroadworthy yet and two, even if it is, you can't prove they sold it knowing it was unroadworthy, and they have a recent MOT to back their story.

Based on what you've described, I can't see your bank intervening.  

All you can do is ascertain the status of the van and if it's different from the way it was described by the seller, challenge them.  If they won't engage with you, you'll have no option but to take them to court and hope that the balance of evidence is in your favour.

Ivywestpop

SaverRate said:

Private sales are sold as seen so would be very surprised if you have any comeback on the seller. If you have legal cover with your home insurance call them and ask for advice?

Thank you - I don't think we do, but I will have a look. From my very frantic research it seems that the car must match the description in the advert - even for a private seller - it was described as 'perfect mechanical and working order' 

Ivywestpop

[Deleted User] said:

Why do you think that selling an unroadworthy vehicle is illegal?
To complicate matters, many live-in vehicles spend almost their entire life off the road. Lots buy to live in and not travel.

You could fill and paint over the corrosion with Waxoyl or similar and it might go through many more MOTs yet.
Sadly buying a caravan / camper / motorhome / RV is fraught with risks, I say this as an owner with many years experience.

I'd say you have three options, take the hit and get it repaired, be an honest seller and sell 'as is' (obviously at reduced price) or disguise and sell on to the next unsuspecting punter.

If you choose option two, an unscrupulous individual or trader will buy, they'll disguise it and pocket the mark up.
It's brutal but that's the reality. So sorry you've had a bad experience, you're certainly not alone....

Thank you - I am wondering about selling on (at a loss) to a local company who convert/sell and may be happy to take it on, or someone who wants it stationary as a live in. The conversion is really nice, but in a wreck of a vehicle it turns out! 

The AA website says: The vehicle should match the description given by the seller. The car must be roadworthy – it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today

I have assumed from this that it is the sellers responsibility to sell a safe car - I completely get that unroadworthy can be sold if disclosed - but if this is not disclosed then it feels that surely this isn't ok? I am a bit lost. 

Aylesbury_Duck

"Perfect mechanical and working order" could be entirely accurate. Underbody corrosion not bad enough to fail an MOT doesn't diminish from its mechanical and working order.

comeandgo

It was roadworthy when you bought it, I don’t see anything wrong with the description used.  

Ivywestpop

Aylesbury_Duck said:

"Perfect mechanical and working order" could be entirely accurate. Underbody corrosion not bad enough to fail an MOT doesn't diminish from its mechanical and working order.

But the garage are suggesting the corrosion is at a level not safe to drive - due to location and severity. If they do decide it is unroadworthy - then it isn't (and most likely wasn't) in working order at the MOT in November or point of sale in December? 

Ivywestpop

comeandgo said:

It was roadworthy when you bought it, I don’t see anything wrong with the description used.  

I am completely new to the car world really, so not sure on technicalities - but if it's unroadworthy now due to corrosion then this would have been the case in December - just not known/disclosed?

Aylesbury_Duck

The trouble you have is that you have one mechanic's (inconclusive so far) subjective judgement on corrosion.  That's weighed against another mechanic's judgement at MOT that the vehicle was roadworthy.  And between them, a seller who, on the face of it, described and sold it in good faith.

There's nothing much to do until you have your mechanic's proper judgement and have heard what the seller has to say about it.  Then we can advise next steps.  At the moment, it's all speculation.

macman

Put it through another MOT at a garage whom you know to be reliable and trustworthy.