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MoT advisories on recent purchase - should they be fixed?
My Wife has just purchased a 2nd had Mazda 3 from Arnie Clark. On several occasions she asked if the MOT was ok and if anything came up. She was told that a new wish bone and bushes were fitted.
She has since noticed some advisories on the MOT including two near illegal tyres! I cannot stress enough that she asked several times about any issues during the MOT. Does she have any grounds to have these advisories fixed by the seller (car was paid for in full 2 days ago)?
She has since noticed some advisories on the MOT including two near illegal tyres! I cannot stress enough that she asked several times about any issues during the MOT. Does she have any grounds to have these advisories fixed by the seller (car was paid for in full 2 days ago)?
Asked on 20 April 2013 by gemaidcol
Answered by
Honest John
Yes, she does. The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) contains 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.
www.berr.gov.uk/whatwedo/consumers/buying-selling/...l , www.opsi.gov.uk/si/si2002/20023045.htm and www.consumerdirect.gov.uk
This creates 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. A recent case precedent over Misleading Omissions under Consumer Protection from Unfair Trading Regulations 2008/1378 was Regina (House of Cars) v Derby Car and Van Contacts Ltd, Derby Crown Court before HHJ Burgess on 12-6-2012, covered here: Regina (House of Cars) v Derby Car and Van Contacts Ltd
See: www.honestjohn.co.uk/faq/consumer-rights/
www.berr.gov.uk/whatwedo/consumers/buying-selling/...l , www.opsi.gov.uk/si/si2002/20023045.htm and www.consumerdirect.gov.uk
This creates 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. A recent case precedent over Misleading Omissions under Consumer Protection from Unfair Trading Regulations 2008/1378 was Regina (House of Cars) v Derby Car and Van Contacts Ltd, Derby Crown Court before HHJ Burgess on 12-6-2012, covered here: Regina (House of Cars) v Derby Car and Van Contacts Ltd
See: www.honestjohn.co.uk/faq/consumer-rights/
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