Car dealer problems - PROFESSIONAL legal advice please?

An MOT only means the car met legal requirements on the day it was issued. Anything could have happened in five months to make it unroadworthy or unsafe. The "advisories" are just that - things that are not in themselves going to make the car fail the MOT, but things that need attention in the near future.

I think it hinges on whether the car was honestly described when sold, and whether he was a "business" (trade) seller or a private seller.

If he was a trade seller, he has certain legal obligations. Private sellers have fewer legal obligations, although both cannot sell a car they know to be in a dangerous condition.

One for Citizens Advice Bureau I think.

Under the Road Traffic Act 2008, Section 75 (1) "subject to the provisions of this section no person shall supply a motor vehicle or trailer in unroadworthy condition." Read sections 75 (1) to Section 75 (3), or seek legal advice from either a solicitor or the Citizens Advice Bureau if you can regarding this if applicable.

On a MOT Certificate, which is now in receipt style. I believe it states "A test certificate relates only to the condition of the components examined at the time of the test. It does not confirm the vehicle will remain roadworthy for the validity of the certificate."and the advisory notes are for information only. Further, if I were you I would read Section 3 of The Consumer Protection From Unfair Trading Regulations 2008, this talks of commercial practices that are unfair. Not sure if not providing 'Advisory Notes' is considered unfair but perhaps not advising the purchaser of the advisory notes might be??

The answer is to get professional legal advice or advice from the Citizens Advice Bureau. I am not a lawyer so good luck!

Where is the 5 months coming from ?, May to August could be as little as 9 weeeks or as much as 13 weeks, but not 20 weeks ( 5 months )

The dealer is right, it passed the MOT, the advisory note is just that - legally he is free to ignore it. You bought it a few days a go, the MOT was in May. Who is to say the dealer even knew of the advisory note if it was with another owner 2 months ago.

Its up to the buyer to check out a cars condition. The items you mention could have been easliy spotted by a decent car mechanic or DIY car maintainer

The car could quite probably still be safe. Many of the items are general wear and tear and very typical for a fiesta of that age.

Sorry, but thats the way it is and if this list of issues is all thats wrong with an 11 year old fiesta then its not in too bad a nick to be honest.

chasing the dealer will just lead to more stress and probably not a refund. At best he will begrudgingly get a mechanic ( probably his brother who used to repair his old morris minor ) to give it a once over.

I think it would be best to move on from it.

Its a sad world when everyone assumes the dealer is a cowboy based on such little information. Who is to say he even knew of the advisory note, was he the registered keeper at he time of the MOT ?

I know its tough, but who thinks that a "mobile phones, shooting equipment and other miscellaneous goods" trader is an ideal place to buy a car ?

Unfotuatly he is not a dealer so what he sells is as is and secondly 6 months later, actually when you drive away there is nothing that can be done unless he is a dealer and did your contract as well as issued you a wrranty. Dealers have to do all your title work at dealership including giving you a tag whether temp or transfer or using old one.Good luck and take care of one repair at a time finding out which is most important to take care of first.Put up for sale as car needs some mechanical work and sell at KBB poor condition or you will be doing what happened to your family. The things wrong with car are normal wear and tear which further leads to you having no case and MOT means it once passed inspection which since heis not a dealer and did not say he was but said he basically sometimes buys and sells cars is legal and has no liability unles he lied which hedid not do according to what you wrote.

you do realize that garages are out to scare people and to make money out of scaring people. Wipe splits buy wiper bades and istall them your self you just saved your self alot of money. Have them explain what is the manufacturers max play allowed on the components they pointed out if they can tell you than they are partially right in the parts needing attention if they can't answer you or say there should be no play ask the manufacturer of the vehicle your self to verify the validity of what the garages is saying. I don't know what they are referring to when they say flexis but what ever it is tell them to tell you a term that is recognized. Brake pipes all brake pipes are superficially corroded is just how the material on most brake pipes oxidizes. What bushings on the axle are worn there are stabilizer bar bushings that in reality are additional to maintain rigidity to the frame but not necessary. So you see it might not be as bad, I am not defending the rudeness of the sales man at all but also you can see that the garage might just be a bit interested in making money as they know that no matter what is buyer be ware so eventually you will come to the conclusion that the sales man wont do anything about it and it will be your cost, SOMETHING THE GARAGE IS BANKING ON TO MAKE MONEY. IN any event good luck and I do hope that it works out for you, I would get a second opinion on the repair though.

Firstly I would check your M.O.T. certificate is genuine. The D.V.L.A. website should have links for this.

Many cars are now been cloned, and this is a big problem both for the police and buyers of second hand cars, unless from a reputable car dealer.

May I suggest contacting your local citizens advice bureau, and tell them your concerns. Explain the distress caused to your mother, and I feel sure they will give advice.

Make copies of any documentation, to use for sending to third parties, but always keep the originals yourself in a safe place.

I hope this helps you, but unfortunatly there are many cowboy's out there, and wish you well to get the matter sorted.

just recently purchased a disco 3 on finance for 11,999 3000 deposit paid, I have asked the dealer by email 8 times now for the spare key he hasn,t answered any emails wont answer phone calls the drivers manual is missing service book is missing, I was told day of purchase it will all be posted 2 weeks have passed

It appears rather obvious that the 'Dealer' was (without doubt) 'economical with the truth', and, had failed to provide his Customer (your Mother) with, relevant information, pertaining to, the 'merchantable' quality of the goods (i.e., the 'lemon' 'flogged' under false pretences.) Speak with, either, the AA, or, the RAC (or both - they are extremely helpful.) It would be unwise (under the prevailing circumstances) for the car to be driven on a public highway. Take competent legal advice too, as to your Mother's realistic prospects of success, in the event of litigation.

You have NO comeback as he is not legally obliged to tell you about MOT advisors. When you buy old cars you expect these repairs I'm afraid

Tell him that if he does not give you a refund you will take the car for an independent mot. Whatever the mot says needs doing for road safety he must then do and refund your costs. good luck.