I was sold a unroadworthy used car by a private seller

greengrasssummer

bought a used car in a private sale on 22/01/2026 and, after a short test drive and bank transfer, took it to a manufacturer‑authorised dealer on 30/01/2026 for an inspection/service. The dealer’s report says the car is unroadworthy as it stands: front and rear brake pad issues and seized caliper. I have parked the car until it’s made safe. The seller says they were unaware of any issues, points to a recent MOT, and refuses to contribute. In a private sale, what are my rights where a vehicle is supplied unroadworthy (e.g., tyre cords exposed and dangerous brakes), even if it recently passed an MOT? What’s the cleanest way to resolve this.

Jumblebumble

How old is the MOT?

If it is less than 3 months old you should ask DVSA for a check tst

Main dealers sometimes have been known to have a loose grasp of the concept of telling the truth

( I personally had a main dealer claim that I had a cracked front spring shortly after a MOT I took the car back to the MOT station who I had used for 15 years and the MOT Man rechecked and despite the car being under warranty could not show me any trace of the alleged break

The same Citroen main dealer was insistent that my horrible Puretech was due the wet belt at 80K miles when in fact Citroen specify over 100K

If the seller were to pay for everything then there would be an element of betterment

You have bought privately and the only remedy is to try your luck in the small claims court but there is no guarantee that you will win

Mildly_Miffed

Private sale, so unless you can prove you were explicitly and knowingly lied to… sorry.

If it was tyres, then that's definitely on you, because the most cursory visible inspection will show that.

MattMattMattUK

https://forums.moneysavingexpert.com/discussion/6653389/i-was-sold-a-unroadworthy-used-car-by-a-private-seller

You have pretty much no rights, in a private sale goods are "sold as seen", so unless you can prove the seller deliberately misrepresented something.

How did you miss bald tyres and brakes that bad in even a cursory inspection and test drive?

jaybeetoo

Unless the private seller misrepresented the car then it’s buyer beware. You should have noticed that the tyres were down to the chords. I assume you tested the brakes on your test drive. The time to get an inspection is before you part with any money.

Ayr_Rage

Tyres, you should've checked those yourself.

Unless the seller misrepresented in writing the state of the brakes then it's a case of caveat emptor, if you are not sufficiently qualified to inspect the vehicle then you should've paid for an independent inspection.

Private sales are fraught with danger.

paul_c123

If its less than a month you can appeal the MoT on most things (its 3 months for corrosion-related things). But all that would do is get your MoT changed from a pass to a fail.

If the private seller is unaware, they can't have misdescribed it.

If you did a test drive with a seized caliper and didn't notice pulling to one side, then either its not actually seized; it only just seized (whilst in your ownership), or both sides are seized.

What's the registration number of the car and we can all look at the MoT history?

UnsureAboutthis

Sorry OP, but any "inspection" should be done before you agree to buy the car, pay the money.

I'm with the seller on this one ie give her/him the benefit of the doubt as MOT inspections can be hit or miss

at times. once a car is mot'd, The mot as you know is what the car was like on the day, not once its been taken out of the mot centre.

However, is there is major rust on an MOT item that could not have possibly developed over a few days/weeks/months - even then, the previous may not be aware unless it was pointed out

2 years aoo I had my car mot'd - low miles, one driver FSH by main dealer etc - I got an advisory

for a front suspension arm. The car was driving fine, and no uneven trye wear/etc. 12 months later took the

car for an mot at the same place, no advisories even though I'd not had the suspension arm done.

So, unless you have clear evidence the seller misreperested the car, the car is yours to deal with.

Baldytyke88

https://forums.moneysavingexpert.com/discussion/6653389/i-was-sold-a-unroadworthy-used-car-by-a-private-seller

The brakes could still be working safely, since you didn't notice anything on the test drive. Garages can often find faults that are not immediately apparent to the inexperienced.

caprikid1

"What’s the cleanest way to resolve this."

Get it fixed and move on.

If you want main dealer backup and warranty buy from a main dealer not on Facebook.

The only possible option you have is if you can prove they are a driveway dealer and have some level of responsibility.

A large percentage of cars will be driving around with low brake pads and seized / sticking callipers with the driver unaware till a service or MOT.

I think whilst interesting to know age , model etc of vehicle and how much you paid it really does not matter , the seller is deemed not to be an expert and unless you can prove a dodgy / ghost MOT then you have little recourse unless he said perfect brakes or new tyres. Even if they said no known issues its still not really solid.

CliveOfIndia

In a private sale you have no come-back whatsoever, unless you can prove that the seller knowingly lied to you about something. Even then, that's going to be hard to prove.

Tyre cords exposed? Even someone who has no mechanical knowledge whatsoever could have spotted this within a few seconds of looking over the car. Arguably, if you can't assess the state of the tyres, you really shouldn't be driving at all.

Dodgy brakes - surely you noticed this on the test drive?

If you have no mechanical knowledge at all, it's well worth taking a friend with you who does know a little bit about cars. Or pay for an AA/RAC inspection (you don't need to be a member). Or you may be lucky enough to know a local trusted mechanic who'd give it the once-over in exchange for a small fee. Whatever, you don't buy a car privately and then take it for an inspection, you get it inspected before-hand.

On the upside, if it's an "ordinary" and fairly common car, new discs and pads all round won't cost a fortune. Seized calipers can be a bit more expensive, but you're still not looking at mega-bucks (I assume we're not talking about a Ferrari or a Rolls Royce?).