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A used car we bought has some worrying MoT advisories - were we misled by not being informed of these?
We just purchased a 2014 Nissan Qashqai. I stupidly did not ask about the recent MoT history before we purchased it. It passed in July 2018, but does have some worrying advisories. Any idea where we stand with this? We have emailed the garage to ask if any of the works has been done but I doubt it has been.
Asked on 27 August 2018 by Sumitra Patel
Answered by
Honest John
The question here is whether not telling you about the MoT advisories is construed as a 'Misleading Omission' under the 2008 CPRs: The Consumer Protection from Unfair Trading Regulations May 2008 (CPRs) incorporate The Sale and Supply of Goods to Consumers Regulations 2002 and contain a general prohibition against unfair commercial practices and, in particular prohibitions against misleading actions, misleading omissions and aggressive commercial practices. The Regulations are enforceable through the civil and criminal courts. The CPRs create an offence of misleading omissions which would not previously have been an offence if the consumer had not asked the right questions. So if a salesman knows a car has, for example, been badly damaged and repaired and does not tell the customer, he could later be held liable if the customer subsequently discovered that the car had been damaged and repaired. Make the dealer aware that you are aware of the 2008 CPRs. More: www.honestjohn.co.uk/faq/consumer-rights/
Tags:
used cars
mot advisory
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