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Bought an unroadworthy car from private seller - what are my rights?
I bought a second hand car a few weeks ago and booked it in to my local garage to have it checked over. The garage has since given me a list as long as my arm with problems the car. They have said it is unroadworthy.
The car was MoT'd a month before I bought it and the seller had not used the car since its test. It appears that he has waited the 28 day period that you have mechanical recourse on having an MoT checked. I have tried to resolve this with the seller but they are not willing to discuss it.
The advert for the car stated "the car drives very well and is in very good condition" something I have now found to be false. Are they in breach of section 75 of the road traffic act? Can I take them to small claims court to recover the cost of repairs?
The car was MoT'd a month before I bought it and the seller had not used the car since its test. It appears that he has waited the 28 day period that you have mechanical recourse on having an MoT checked. I have tried to resolve this with the seller but they are not willing to discuss it.
The advert for the car stated "the car drives very well and is in very good condition" something I have now found to be false. Are they in breach of section 75 of the road traffic act? Can I take them to small claims court to recover the cost of repairs?
Asked on 28 November 2014 by Lee 123
Answered by
Honest John
Presumably this was a private seller? Yes, the sale was in breach of Section 75 of the RTA so they face criminal action if you can persuade the CPS to bring it.
Your legal rights are contractual. You can sue for breach of contract in the small claims track of the county court because the car was not as described. And in particular it was not as described on the MoT. See: www.honestjohn.co.uk/faq/consumer-rights/ (But read down because this section begins with your rights against a dealer.)
Your legal rights are contractual. You can sue for breach of contract in the small claims track of the county court because the car was not as described. And in particular it was not as described on the MoT. See: www.honestjohn.co.uk/faq/consumer-rights/ (But read down because this section begins with your rights against a dealer.)
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