Dodgy MOT
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Discussion

S114z

Original Poster:

4 posts

37 months

Friday 22nd September 2023
quotequote all
Hey guys I am looking for some advice. I purchased a BMW 330e last week with 12 months MOT done by the previous owner. It has passed with no advisories. It needed an oil change and brake fluid change as it was due. It also needed a recall for the starter motor so I booked it in with BMW. Today they have done the health check on the car and have confirmed 1 rear tyre is near the limit so that's an advisory and the other rear tyre under the legal limit and needs changing. Secondly both rear shock absorbers have an oil leak which again aren't mentioned on the MOT. My question is where do I stand? Do I can't the seller and advise him I will report this to DVSA and unless he covers the costs of the repairs, or do I contact the garage to ask them to cover the repair for doing a dodgy MOT?

rottenegg

1,058 posts

93 months

Friday 22nd September 2023
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You didn't notice the bald tyres and leaky dampers when you viewed the vehicle then?

S114z

Original Poster:

4 posts

37 months

Friday 22nd September 2023
quotequote all
I noticed the tyres and thought they would be okay but not the dampers.

-Lummox-

2,204 posts

243 months

Friday 22nd September 2023
quotequote all
S114z said:
Hey guys I am looking for some advice. I purchased a BMW 330e last week with 12 months MOT done by the previous owner. It has passed with no advisories. It needed an oil change and brake fluid change as it was due. It also needed a recall for the starter motor so I booked it in with BMW. Today they have done the health check on the car and have confirmed 1 rear tyre is near the limit so that's an advisory and the other rear tyre under the legal limit and needs changing. Secondly both rear shock absorbers have an oil leak which again aren't mentioned on the MOT. My question is where do I stand? Do I can't the seller and advise him I will report this to DVSA and unless he covers the costs of the repairs, or do I contact the garage to ask them to cover the repair for doing a dodgy MOT?
Did you buy it from a trader or private seller? Did the seller make any representations as to the car being free of any faults?

If it was a private sale, and no such assertions were made, short short version is you've probably got no comeback against the seller.

B'stard Child

31,122 posts

276 months

Friday 22nd September 2023
quotequote all
S114z said:
Hey guys I am looking for some advice. I purchased a BMW 330e last week with 12 months MOT done by the previous owner. It has passed with no advisories. It needed an oil change and brake fluid change as it was due. It also needed a recall for the starter motor so I booked it in with BMW. Today they have done the health check on the car and have confirmed 1 rear tyre is near the limit so that's an advisory and the other rear tyre under the legal limit and needs changing. Secondly both rear shock absorbers have an oil leak which again aren't mentioned on the MOT. My question is where do I stand? Do I can't the seller and advise him I will report this to DVSA and unless he covers the costs of the repairs, or do I contact the garage to ask them to cover the repair for doing a dodgy MOT?
I don't think you will get far with either approach

1. You bought it privately - buyer beware.

2. An MOT is valid for 12 mths but is only representative of the condition on the day of the test

3. Advisories are "advisories"

Some MOT places use them to cover their backsides - ie Under trays fitted and document everything
Other MOT places don't bother documenting advisories and verbally communicate with the owner

How long have you owned it?

vaud

59,633 posts

185 months

Friday 22nd September 2023
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The issue for the MOT and tyres is that the MOT only represents the condition at time of inspection.

For all the MOT place knows the seller went drifting it between the MOT and the sale.

The dampers equally may have developed a leak since the MOT.

Essentially treat an MOT as a guidance for condition at a moment in time, it in no ways implies a warranty to fix stuff - that is a conversation with the seller.

It might be a dodgy MOT but equally it might not be.

S114z

Original Poster:

4 posts

37 months

Friday 22nd September 2023
quotequote all
B'stard Child said:
I don't think you will get far with either approach

1. You bought it privately - buyer beware.

2. An MOT is valid for 12 mths but is only representative of the condition on the day of the test

3. Advisories are "advisories"

Some MOT places use them to cover their backsides - ie Under trays fitted and document everything
Other MOT places don't bother documenting advisories and verbally communicate with the owner

How long have you owned it?
I’ve owned it a week and purchased it from a private seller. If I just have to get it fixed and pay for it that’s what I will do. I just thought it’s clearly a dodgy MOT as it should have been picked up. I thought I might have some options if I contacted the seller or MOT tester

S114z

Original Poster:

4 posts

37 months

Friday 22nd September 2023
quotequote all
Thanks for the prompt responses. Appreciate it

Monkeylegend

29,331 posts

261 months

Friday 22nd September 2023
quotequote all
Have you looked to see how badly the shock absorbers are actually leaking if indeed they are.

Main dealers sometimes err on the "side of caution" sometimes also known as quoting for work that is maybe not required.


-Lummox-

2,204 posts

243 months

Friday 22nd September 2023
quotequote all
There's very little comeback against a private seller unless you can prove that the seller knew about the faults, and assured you that there were no faults. He's just as likely to say that he wasn't aware of anything because of the MOT.

But also, I'd get an indy to check the shocks and quote for the repair cost before paying a main dealer to do that, I bet BMW will tear you a new one for supplying and fitting a pair of rear shocks.

Also worth getting the indy to check if the shocks are actually leaking or have, as some MOT testers are fond of describing it, "a light misting of oil". The latter means that the damping of the shocks isn't reduced to the point it's causing a problem yet (if at all), and you might be able to use it for a while and replace in a month or two if funds are an issue. As other posters have said, some main dealers have an over-cautious and profit-focused attitude to assessing what needs doing and when.

Edited by -Lummox- on Friday 22 September 14:01


Edited by -Lummox- on Friday 22 September 14:02

scorcher

4,127 posts

264 months

Friday 22nd September 2023
quotequote all
Main dealer finds problems with customer car on health inspection shocker.

Benmac

1,698 posts

246 months

Friday 22nd September 2023
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A case of suck it up I'd say. As mentioned, good chance the dampers are OK as dealers do like to "find" stuff like that, or maybe just have a bit of oil overspray that's attracted dirt from when someone has been in there working on something.

Tyres, can't see how there'd be any recourse and if you were aiming to change them anyway no bother. Challenge the MOT station and they'll likely just say "previous owner must have done a few burnouts after we saw the car" or simply "prove it".

Change the tyres as you had planned, take it somewhere you definitely trust for a second opinion on the dampers.

-Lummox-

2,204 posts

243 months

Friday 22nd September 2023
quotequote all
scorcher said:
Main dealer finds problems with customer car on health inspection shocker.
rofl

Spitfire2

1,968 posts

216 months

Friday 22nd September 2023
quotequote all
S114z said:
Hey guys I am looking for some advice. I purchased a BMW 330e last week with 12 months MOT done by the previous owner. It has passed with no advisories. It needed an oil change and brake fluid change as it was due. It also needed a recall for the starter motor so I booked it in with BMW. Today they have done the health check on the car and have confirmed 1 rear tyre is near the limit so that's an advisory and the other rear tyre under the legal limit and needs changing. Secondly both rear shock absorbers have an oil leak which again aren't mentioned on the MOT. My question is where do I stand? Do I can't the seller and advise him I will report this to DVSA and unless he covers the costs of the repairs, or do I contact the garage to ask them to cover the repair for doing a dodgy MOT?
You buy a couple of tyres, keep an eye on the shocks (or change) and move on

CRA1G

7,247 posts

225 months

Friday 22nd September 2023
quotequote all
-Lummox- said:
scorcher said:
Main dealer finds problems with customer car on health inspection shocker.
rofl
Shocker been the operative word....laugh imo i would be far more reliant on the MOT than the Free "vehicle health check"

rottenegg

1,058 posts

93 months

Friday 22nd September 2023
quotequote all
S114z said:
I noticed the tyres and thought they would be okay but not the dampers.
For the next time, carry a small torch or use your phone's as dampers are easily viewable on the ground, especially the rear ones.

And especially with BMWs, always buy a dry one! Moist drippy ones don't end well for your wallet, so do some thorough engine bay and under carriage checks before handing over any cash.