Can I Sue Trader For Repair, Exceeding Cost Of The Vehicle?

[Xexxa]

Hi. I've bought a car from a trader, originally there was a fault with the engine. I have since been to the dealer to have it looked at, and among other things they have told me there is significant corrosion to the rear sill and it is unsafe to drive. It also had a new mot when I bought it, so I think that's dubious too. Anyway. I very much like the car. The cost of repairs is around £3000 and the car value is about £1500. Is it possible to ask for the car to be fixed or will I have to go down the route of just getting a refund?

[Old_Geezer]

As a non legal person I appreciate I do not know what minimum standard they have to adhere to when selling a vehicle; but I do wonder if you bought a car for the £1500 you say it is worth, why you would have a right to sue for £3000 worth of repairs. But I'd guess you could pay what you like to get it repaired, if you wished. I suspect your money back as it is unfit for purpose, or something, is probably the likely best deal.

[RATTER15]

Talk to trading standards, but I think a refund will be best and cheapest route.

If one part is rusting so badly the rest of the vehicle is certainly going to follow it.

[Switchedoff]

Has the work (£3000) been done yet?
If no then try and get your money back.
No you can not sue for repair , when buying a car it is always "Buyer beware".

As for the MOT , it is only good as the day it was passed by an inspector. If however you could prove that the car was unsafe when you bought it then you may have a case against them. ( to prove that you would need to get an independant inspection , someone like the AA, but you would have to pay up front , and if the inspection did not prove the car was faulty at the time of the MOT then you have no case and an inspection fee to pay).
PLEASE NOTE, if your car has been designated "unsafe to drive , then you may not drive it as it will invalidate your insurance. If you really like the car and dont mind spending money then get thework done by someone else , clearly do not goback to the original dealer. Good luck.

[DancingDoris]

Switchedoff, you are incorrect. It is not buyer beware when buying a car through a trader or dealership. The vehicle must be fit for purpose and if it is rotten and unsafe then it is not (unless it was sold as spares or repairs).
I took a dealer to court to sue for repair costs after the vehicle I bought was deemed dangerous, I had the backing of trading standards and I won. It took a year and involved bailiffs but I won! Contact your local trading standards or consumer direct and they will give you some great information.

[Switchedoff]

Dancing Doris , thank you for your post it is interesting that you have bought a case against a dealer, my comment on buyer beware is because there is a time limit on bringing a case againast a dealer , perhaps you could expand your own experience in respect to the amount of time between buying the car and getting it certified unsafe, i think you would agree there is a timelimit, It is i believe prudent to be buyer beware , and get the AA , a mechanic to look over the car willsave a lot of your time ....you mentioned a year .....Maybe Xexxa would like to expand on the facts ??

[Xexxa]

Hey. BMW have said it's unsafe. The car was bought only 2 months ago. I have 3 months to file papers I think

[Xexxa]

Did your repair costs exceed the vehicle value?

[Mamyalynne]

May I ask if you have contacted the trader who sold you the car and informed them of the situation?

If so, what is their response?

Do not incur any extra costs before you have given them the opportunity to either reimburse you the cost or come to an agreement that suits you.

[KARL]

You don't say who issued the MOT certificate or when but, broadly in respect to the inspection, your case highlights the appallingly dubious set-up of vehicle inspections in the UK where a garage can and does certify under conditions of conflict of interest. In this I think the UK system is unique in Europe, if not worldwide.

[DancingDoris]

Sorry for the late reply. Switchedoff, I do agree there is a time limit and I agree that to a point it is buyer beware but a "professional" motor trader is bound by the sales of goods act just as any other retailer is. I don't recall the time between me buying the car and finding the faults. I think it was around 2 months, although the faults that were found could not have happened within the period I had the vehicle.
After no response from the trader, (he put the phone down on me numerous times and even refused to accept a letter I sent by recorded delivery) I had the repairs done and sued for the cost. It was the process of having the judgement ordered and recovering the costs that took over a year.
Xexxa, the repairs definitely exceeded the cost of the vehicle. Good luck.
DD