[Simon]

Good afternoon,
I recently bought a used car from a dealers. They got the MOT for the vehicle which it passed with no advisories.
I subsequently got my local MOT centre / garage to give it a check over.
He stated that he would not pass it due to several issues. He investigated further and discovered advisories on previous MOTs then main issue being the extent of the rust underneath.
Can I obtain a refund from the seller?

[castrolrob]

unfortunately testwise theres no actual requirement to advise anything and even less incentive to do so when selling it as you’ve found out.if however there are defects that shouldn’t have passed that’s a different story.contact the dealer in the first instance with your concerns.if you get no joy then dependant on time since test an appeal via the ministry is a possibility as is trading standards altho there are many restrictions on time/condition etc regarding what they can and cant do.as regards getting your money back that’s gonna depend if the dealer misrepresented it.if(for instance)you’ve bought a 15 year old transit with 150 thousand miles on it then its gotta be expected to be near its end.a 4 year old astra with 20k on the clock would obviously be expected to be better.its a 2nd hand vehicle not a new one and that would be a factor in any of the above.the guy who sold it(and took the money)has to be your first stop.

[Paul S]

ditto..If you think your car has passed when it should not have you got 3 months from the date of the MOT if it’s a corrosion-related problem..worth pointing this out to em when you make your first stop.

[markt]

hi simon
can you put what vehicle youve got and age etc. also what the other garage found as with regards their findings as to why it shouldnt have passed just for our clarity/interest cheers

[wag]

You know that consumer magazine “Which?” I remember they used to have a legal advise spot on the back of the magazine, this was waaaay back in the day, but I have always remembered one bit of advice from their legal department .

A guy bought a Jaguar second hand with a full MOT, a few days or weeks or couple months, the rear axle collapsed on the road. The legal advise was that there was no legal come back on the seller, maybe at that time the regulations were not strict as they are now with selling an unroadworthy vehicle. But there was a case to answer for the MOT testing station.

Because severe rust cannot happen overnight nor can it happen within a couple of months. They obtained an expert report the rust was severe and could not have been missed by a competant MOT tester. The MOT testing station was sued for the full cost of repair to the vehicle.

Your problem will be if the rust could be passed by some testers and failed by others. You might want to talk to your local VOSA test and appeals station to see if they can offer a report writing service, which you can then take back to the MOT tester and your seller, because today there are laws against selling cars which are not roadworthy.

You have to act fast on this to get a report done. not going to be easy with Covid19.

Your first step should be to speak to the seller to see if they will offer anything without a report.

Depending on how much you paid, you could end up best off speaking to a solicitor.

[castrolrob]

given the guys last post was more than a fortnite back im assuming its either done or ignored:D

[Stealth]

[user=64]castrolrob[/user] wrote:
[quote]given the guys last post was more than a fortnite back im assuming its either done or ignored:D[/quote]

And DVSA (VOSA) certainly dont offer a report writing service.

[Paul S]

end up best off speaking to a solicitor.. at what cost on basis of being economical.

[Simon]

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