I've bought a car which had not been repaired for an MoT - should the dealer cover 'preventative maintenance'?
Last month I acquired a cheap 12-year-old car from a small dealer with a fresh MoT certificate (with no advisories). The MoT history subsequently obtained from VOSA revealed that the car has a potentially dangerous fault which has not been rectified and of which the MoT tester was fully aware. On 8 March 2013 he refused to issue a certificate as both front brake pipes were "excessively corroded". On 13 March the same tester issued a pass certificate. I have now had the car inspected and the brake pipes have not been replaced. I have spent money on Preventative Maintenance (replaced timing belt and water pump), so my outlay is greater than the purchase price of the car. Please advise me what redress I can seek and from whom.
Asked on 25 May 2013 by Banger, wails
Answered by
Honest John
In law (Clegg v Olle Andersson 2003 House of Lords), the dealer is only liable to buy back the car for the price you paid for it. He is not liable in any way for the money you spent on it on 'preventative maintenance' that has nothing whatsoever to do with your dispute. A small claims court judge ignorant of the case law might disagree and make a flawed judgement that the dealer should pay for the repairs to your car, but there is no case law precedent for this, so the dealer could then appeal and win. However, taking this to a higher court would cost him and you around £10,000 each, so he is more likely to take the expedient course of action of simply throwing in the towel. Law here: www.honestjohn.co.uk/faq/consumer-rights/
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