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Can I reject a used car because it has MoT advisories?
I bought a Nissan Qashqai from trade centre on HP as well as part exchange, I was told it had passed the MoT in April but did not receive the certificate. The following day I had a look and found four advisories on the MoT. I have asked to reject the car and am being told I cannot do this as these are serviceable issue (the brakes wearing thin, nearside front drag link end ball joint has slight play).
There was also something wrong with the gearbox as when I drove it wouldn't go into second dear, it's an automatic. I had the car for three days before calling them to return it, driving it less than 100 miles.
It took them two weeks to look at the car, by that time the battery was dead and needed replacing before they could even look at it. They drove it 10 miles and couldn't find a fault with the gearbox so just decided they would fix the MoT advisories as a "goodwill gesture".
Please can you let me know where I stand with this? Am I in my right to reject the car according to the Consumer Act 2015?
There was also something wrong with the gearbox as when I drove it wouldn't go into second dear, it's an automatic. I had the car for three days before calling them to return it, driving it less than 100 miles.
It took them two weeks to look at the car, by that time the battery was dead and needed replacing before they could even look at it. They drove it 10 miles and couldn't find a fault with the gearbox so just decided they would fix the MoT advisories as a "goodwill gesture".
Please can you let me know where I stand with this? Am I in my right to reject the car according to the Consumer Act 2015?
Asked on 28 June 2023 by Brwynkelly Ainsworth
Answered by
David Ross
From a legal perspective, the dealer is not obliged to tell you about MoT advisories because they only told you it has a valid MoT, which is correct and the car is road legal. This information is also publicly available, so the dealer has not withheld this information from you.
The gearbox issue is separate matter, and if the car is not functioning correctly you are within your rights to press them to resolve it. This may be more difficult if the fault is intermittent, so you may need to go out in the car with them in order for it to be diagnosed and fixed. If the dealer is offering to fix the advisories as well, this would suggest they are at least willing to resolve your problems.
If the gearbox fault continues and they are unable to diagnose or repair the fault then this is potentially grounds for rejection, but the MOT advisories would not be a contributory factor. You can read more about how to reject a car here: www.honestjohn.co.uk/how-to-reject-a-car-your-cons.../
The gearbox issue is separate matter, and if the car is not functioning correctly you are within your rights to press them to resolve it. This may be more difficult if the fault is intermittent, so you may need to go out in the car with them in order for it to be diagnosed and fixed. If the dealer is offering to fix the advisories as well, this would suggest they are at least willing to resolve your problems.
If the gearbox fault continues and they are unable to diagnose or repair the fault then this is potentially grounds for rejection, but the MOT advisories would not be a contributory factor. You can read more about how to reject a car here: www.honestjohn.co.uk/how-to-reject-a-car-your-cons.../
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