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BMW 325Ci E46 - Used car with faults - what are my legal rights? - Rich320d

Hi there,

I've just bought a used BMW from a used car dealer. It was sold with a 3 month warranty, and a 160 point 'check' which seems to cover very little, except major failures.

I've found 2 faults:

1. The tracking is out on the front, so the drivers side tyre is bald on the inner shoulder, almost down to the steel, its needs replacing, as it could blow if left to wear down more.

2. One of the rear springs has broken at the bottom, 2 links have snapped off, looks like rust, common on the E46 I read.

I called the dealer, they didnt really want to know, said it was wear and tear, but I consider both these faults are safety related.

Were talking about £200 to rectify, were do I stand if they refuse to pay, small claims court, trading standards?

Thanks in advance

BMW 325Ci E46 - Used car with faults - what are my legal rights? - jamie745

Im surprised you didnt notice the tracking issue specifically on the test drive. I dont see how on earth its passed an MOT with a tyre in such poor condition. These are safety related issues and constitute a car being sold which is not road worthy or fit for purpose, unless its been sold to you on trade grounds (spares/repair/without warranties etc) then there is no excuse for selling a dangerous vehicle.

I sold cars myself for three years and no car wouldve ever been allowed to leave my sight with a customer in it with dangerous bald tyres, if any MOT testing station has passed that recently then i'd ask serious questions. I would say to take the car back to them, block their premisis with it and refuse to leave until its done (tends to do the trick with even the most stubborn dealers in my experience) but if you drive that vehicle knowing its not roadworthy then you are committing an offence.

BMW 325Ci E46 - Used car with faults - what are my legal rights? - Rich320d

Thanks for the reply,

The car drives really well, the steering is steady at speed, so I had no reason to suspect the tracking. The broken spring doesnt rattle, you can just see the one side is sitting slightly lower.

It knaws at me because the car I traded in had good quality tyres all round, and the tracking had been done, it was a good car.

The car had an MoT in Jan 2011, so its been sold with the remainder of that, they wouldn't put a fresh one on it, as my trade in was on its last month I didnt argue too much. Car was sold retail, not sold as seen or trade.

Regards

BMW 325Ci E46 - Used car with faults - what are my legal rights? - jamie745

Has the BMW done alot of miles since its last MOT? You should be able to find that info on the MOT certificate, thats the only reason for there being a bald tyre on a car which had an MOT 7 months ago. Whether your car had 12 months or one day left on its MOT is beside the point, if you're paying good money for a motor (im guessing on an E46 you paid at least a few grand for it i'd think if its a recent-ish one of high spec) then you demand a full MOT.

The car was sold retail, well ive always felt it should be law for any car dealer to ensure everything they sell is roadworthy, alas this is still not the case, it is always the drivers responsibility to ensure their vehicle is roadworthy before driving it on the public road however the fact is he's sold you a car not fit for purpose, with at least one dangerous fault, with a warranty, dont let them off the hook easily. Its not like you've got a £400 banger, this is (im guessing) serious money for a proper vehicle. A customer is entitled to expect at least four good tyres on it. The fact is if you want to keep driving it you need to get that tyre sorted at the very least for both safety and legal grounds, so take it down there tomorrow, say you're not happy and you want the faults fixed. If they still refuse, then go and get the work done, send him the bill and probably end up chasing him through small claims court. Might be worth giving Vosa a bell and reporting him because i can speak from experience when Vosa pitch up at a used car site and start inspecting your vehicles they are ruthless.

BMW 325Ci E46 - Used car with faults - what are my legal rights? - bonzo dog

Hi Rich, what condition the car "should" be in, depends on the age, mileage, price & price relative to similar cars of the same vintage.

However it should be roadworthy. Whether this car is roadworthy is debateable.

My view (without knowing the age etc) would be to take it for an MOT - if it passes you probably have no arguement if the vehicle is getting on in life but if 8 years or younger these faults are likely to be the retailer's liablility.

If it fails the MOT I would again ask the dealer to rectify the faults; if he won't, contact Trading Standards.

Good luck

BMW 325Ci E46 - Used car with faults - what are my legal rights? - Rich320d

Cheers for the replies, guys.

Its a proper car, low mileage, demo then 1 local owner with full BMW Service history.

Its only done 1000 miles since the MoT in Jan 2011, then they must have sold it to this garage, who had it on the forecourt for a couple of months. There was an advisory issued for the tyres at the last MoT, found it online just now.

The garage is just saying they cut me a really good deal, it was a lot less than I would pay for an approved used BMW, and if it isnt covered under the warranty (not much is), its wear and tear and my responsibility.

It doesnt help that they are 40 miles away, so its not easy to turn up and complain.

I think this time I'll put it down to experience, get the tracking done, a new tyre and the spring replaced.

But the lesson learned, seems to be, always ask for a new MoT on a used car.

BMW 325Ci E46 - Used car with faults - what are my legal rights? - SlidingPillar

Worth noting on the tyre wear issue the last little bit of tread wears surprisingly fast. So a barely legal tyre soon becomes illegal.

BMW 325Ci E46 - Used car with faults - what are my legal rights? - jamie745

Surely that wouldve got AT LEAST an advisory if the tyre is really that bad (a photograph might be nice if you wouldnt mind mate, ive got visions of racing slick in my mind at the moment) because if not, either the MOT station passed an unroadworthy car or the dealer has swapped them back and sold the good ones. Which again would be daft and strange because its hardly worth the bother for all the fuss you'd end up with.