I was sold a unroadworthy used car by a private seller

shera12

I’m no expert, but with a private sale your rights are limited. The car only has to be as described, and an MOT doesn’t guarantee condition. Unless you can prove the seller knew and hid the faults, the simplest option is to repair it and move on.

paul_c123

https://forums.moneysavingexpert.com/discussion/comment/81872724#Comment_81872724

That's kinda the point though. How many prosecutions occur for a private seller selling an unroadworthy vehicle? Yes its written in law but 1) it doesn't dissuade everyone 2) the police aren't interested 3) trading standards aren't interested 4) private prosecution isn't worth it.

Mildly_Miffed

https://forums.moneysavingexpert.com/discussion/comment/81868866#Comment_81868866

It's also worth remembering that Mr MOT does not remove the wheels during the test. He can only measure the pad thickness by eye, IF they are visible with the wheels still on the car.

And that's from the outside, because of dust shields behind the discs.
And if he can do it, so can you.

And if a caliper is seized, then you will see that from the outside, too, because one disc will be rustier than the others. It will also show on the brake rollers on the test.

lincroft1710

Interestingly, no word from OP since they started the thread

Aretnap

https://forums.moneysavingexpert.com/discussion/comment/81872724#Comment_81872724

It's a criminal offence though so it would be necessary to prove beyond reasonable doubt that it was unroadworthy at the time of sale. A professional inspection soonish after the sale might or might not be enough to establish that. It's very hypothetical though as nobody is ever going to prosecute it.

"Balance of probabilities" would be correct if the OP was trying to get his money back through the civil courts, but whether or not the car is "unroadworthy" is irrelevant to that - the law against selling unroadworthy cars is explicitly written so as not to give the buyer any additional consumer rights. It's intended to protect the public by reducing the number of dangerous cars on the road, not to protect the buyer from overpaying for a duff car (hence it applies regardless of whether the buyer knows about the car's faults, and regardless of whether he paid a fair price for the dodgy car).

The OP's rights are defined by normal consumer law, and in the case of a private sale they are very limited, whether he's buying a second hand car or a second hand lawnmower.

MEM62

https://forums.moneysavingexpert.com/discussion/comment/81873445#Comment_81873445

The OP asked what their rights were. It has been explained to them in no uncertain terms so I expect that they do not feel the need to return and comment further.