Question: Bought car with no MOT??
Discussion
Question for a friend (really...it is...).
He bought a car in ~Oct from a dealer (large company).
Car is an 02 plate. Was told they would post the MOT cert' out to him as they had done it.
Few months later he now realises it never came. Rings company up asking why it never arrived (was it sent, what was the number/due date etc etc). Anyway, dealer says that it was NOT MOT'd by them - although they are checking.
So, potentially he is/was driving without MOT.
Obviously if he books one for this evening, near home, then cancels it when he gets home, he could just about comply with the law today...but what, if anything, has the dealer done wrong? Can a dealer sell a car with no MOT?
How much "grief" should he give the dealer? I have said at least a "free" MOT...but obviously if it transpires that the dealer has broken the law then he might be able to wangle a service too (although, if he'd want them to do it I'm not so sure!)
Cheers
He bought a car in ~Oct from a dealer (large company).
Car is an 02 plate. Was told they would post the MOT cert' out to him as they had done it.
Few months later he now realises it never came. Rings company up asking why it never arrived (was it sent, what was the number/due date etc etc). Anyway, dealer says that it was NOT MOT'd by them - although they are checking.
So, potentially he is/was driving without MOT.
Obviously if he books one for this evening, near home, then cancels it when he gets home, he could just about comply with the law today...but what, if anything, has the dealer done wrong? Can a dealer sell a car with no MOT?
How much "grief" should he give the dealer? I have said at least a "free" MOT...but obviously if it transpires that the dealer has broken the law then he might be able to wangle a service too (although, if he'd want them to do it I'm not so sure!)
Cheers
Tigger, I think you might be able to draw a parallel with this and my insurance certificate dilema.
I guess you could say that your friend is ultimately responsible and should've been sure to actually 'see' the certificate before driving the car away from the garage, I don't think driving the car in good faith would be a defence really.
The garage is guilty however of misrepresentation of goods or selling goods outwith marketable quality. If they agreed the car would have an MOT then they should've supplied it with one. TBH, you'll be lucky if you get anything more out of them than the free MOT as that's all they're entitled to provide especially considering your friend hasn't come to any grief thus far.
The garage might be obligated to take the car back, but I think the CAB should be his next step.
I guess you could say that your friend is ultimately responsible and should've been sure to actually 'see' the certificate before driving the car away from the garage, I don't think driving the car in good faith would be a defence really.
The garage is guilty however of misrepresentation of goods or selling goods outwith marketable quality. If they agreed the car would have an MOT then they should've supplied it with one. TBH, you'll be lucky if you get anything more out of them than the free MOT as that's all they're entitled to provide especially considering your friend hasn't come to any grief thus far.
The garage might be obligated to take the car back, but I think the CAB should be his next step.
NP, sorry I can't help more.
Oh, BTW, although it's probably not good PR or indeed practice, a vehicle vendor isn't really obliged to sell a car with a valid MOT. It would be very strange for a large garage to do that with a recent car though. And obviously if it was agreed that they'd MOT it at point of sale then providing one is the least they can do.
Oh, BTW, although it's probably not good PR or indeed practice, a vehicle vendor isn't really obliged to sell a car with a valid MOT. It would be very strange for a large garage to do that with a recent car though. And obviously if it was agreed that they'd MOT it at point of sale then providing one is the least they can do.
Cheers - I guess there would be issues if the car was sold and wasn't roadworthy, but it is.
There's a small issue though with a leak - which he's also trying to push with them...it's only become apparent in the recent heavy rain, and he's trying to get them to look at it as it was probably leaky when bought.
I might have been tempted to try to return the car - 4 months "free" motoring...but TBH he really likes it (top end Leon, v nice)
There's a small issue though with a leak - which he's also trying to push with them...it's only become apparent in the recent heavy rain, and he's trying to get them to look at it as it was probably leaky when bought.
I might have been tempted to try to return the car - 4 months "free" motoring...but TBH he really likes it (top end Leon, v nice)
icamm said:
Well if nothing else they have said "see what else they can offer him". The minimum would be to fix this leak I would think 
They've refused to - said that is a wear and tear issue, and has probably arisen since he bought the car.
He's in discussions with them, and CAB about it.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff