MOT at Point of Sale: Your Rights

Purchasing a vehicle is a significant investment, and naturally, you want to ensure it's safe and reliable. When a car is sold with a current MOT certificate, it implies that the vehicle meets the minimum roadworthiness standards at that time. However, as one customer discovered, this isn't always a guarantee against future issues or pre-existing problems. This article explores the implications of an MOT at the point of sale, your consumer rights, and what recourse you might have if a recently MOT'd vehicle develops faults.

Understanding the MOT Certificate

The Ministry of Transport (MOT) test is an annual inspection of vehicles over three years old to ensure they meet road safety and environmental standards. An MOT certificate confirms that the vehicle passed the test on a specific date. When a dealership sells a car with a valid MOT, it is generally understood that the vehicle was in a satisfactory condition regarding safety and emissions at the time of sale.

In the case provided, the car had an MOT in March 2020 and was purchased in September 2020. While the MOT was valid, the key issue is the time elapsed and the mileage covered. The customer's concern arises from faults discovered a year later, specifically incorrectly fitted brakes and a worn wheel bearing, after only 20,000 miles.

Consumer Rights When Buying from a Dealership

Under UK consumer law, specifically the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for purpose, and as described. When you buy a car from a trader (like a dealership), these rights apply. This means that if a fault appears within the first six months of purchase, it is presumed to have been present at the time of sale, unless the dealer can prove otherwise.

In this scenario, the purchase was in September 2020, and the MOT issues were discovered around September 2021. This falls outside the initial six-month period. However, this does not mean you have no recourse. The law still requires the car to be of satisfactory quality and fit for purpose throughout a reasonable period after purchase, which would typically be longer than six months, depending on the expected lifespan and price of the car.

The Dealer's Responsibility

The dealership has acknowledged an issue with the brakes. This suggests they accept some liability for that particular fault. However, they are disputing the wheel bearing issue, citing the mileage and the time elapsed since the MOT. The crucial point here is whether the wheel bearing was already showing signs of wear or was fitted incorrectly during the previous MOT or at any point the dealership had control of the vehicle.

When a car is sold, even with a valid MOT, the dealer has a duty of care. If the MOT was conducted in March 2020, and the car was sold in September 2020, there's a six-month gap. If the wheel bearing issue was present or developing significantly during this period, or if the brakes were indeed fitted incorrectly at the dealership, the dealer could be held responsible.

Key Considerations:

• Timing of the Faults: While the six-month presumption is gone, faults appearing relatively soon after purchase, especially significant ones like brake issues or worn wheel bearings, can still indicate a pre-existing problem.
• The Previous MOT: The MOT in March 2020 is a critical piece of evidence. If the wheel bearing was already worn or if the brakes were fitted incorrectly then, the MOT tester should have identified this. However, the MOT only checks the vehicle's condition *at that specific time*. It doesn't guarantee future performance.
• Dealer's Actions: The dealer's acknowledgement of the brake issue is significant. It suggests they may have found evidence of improper fitting.
• Proving the Issue at Purchase: This is often the most challenging aspect. Without independent evidence from the time of purchase, it relies on the dealer's goodwill or legal arguments about satisfactory quality.

What Can You Do?

Here's a structured approach to resolving the issue:

1. Gather Evidence:
   • Independent Garage Report: Obtain a detailed written report from the independent garage that identified the faults. This report should specify the issues, why they are problematic (especially regarding safety), and ideally, offer an opinion on whether the wear or incorrect fitting could have been present or developing at the time of purchase.
   • MOT History: Check the car's MOT history online. This will confirm the date of the last MOT and any advisories or failures.
   • Purchase Documents: Review your sales contract and any documentation provided by the dealership.
   • Communication Records: Keep records of all communication with the dealership, including dates, times, who you spoke to, and what was discussed.
2. Formal Complaint to the Dealership:

   Write a formal letter or email to the dealership outlining the problems. Refer to the Consumer Rights Act 2015. Clearly state that you believe the faults were either present at the time of sale or were caused by improper work carried out by them or their agents (including during the MOT they arranged).

   Specifically address the brake issue and the wheel bearing. For the brakes, since they've acknowledged it, request a repair at their cost. For the wheel bearing, explain that given the low mileage and the age of the car, a failure of this nature suggests a pre-existing fault or premature wear that should have been identified or prevented.

   State what you expect them to do. This could be a repair of the wheel bearing at their cost, or a contribution towards the repair cost.

3. Escalate if Necessary:
   • Trading Standards: If the dealership is unresponsive or refuses to resolve the issue, you can report them to Trading Standards. They can offer advice and may investigate the dealership's practices.
   • Alternative Dispute Resolution (ADR): Many dealerships are members of trade associations that offer ADR schemes. These can be a cost-effective way to resolve disputes without going to court.
   • Small Claims Court: If all else fails, you can take the dealership to the Small Claims Court. You will need strong evidence to support your claim.

The Safety Aspect

The dealer's statement that there was "no safety issue with the brakes" is concerning, especially if they were fitted incorrectly. Incorrectly fitted brakes can lead to:

• Reduced braking efficiency
• Uneven braking
• Overheating
• Premature wear of brake components
• Potential for brake failure under extreme conditions

A worn wheel bearing can also be a significant safety hazard, potentially leading to the wheel detaching from the vehicle while driving.

Given that your wife drove the car daily with your children, the safety aspect is paramount. You are entirely within your rights to demand that any fault affecting safety be rectified promptly and to a high standard.

Table: Potential Faults and Responsibilities

Frequently Asked Questions

Q1: If the car passed its MOT, does that mean it's faultless?

A1: No, an MOT certificate confirms the vehicle met the minimum standards *on the day of the test*. It does not guarantee the vehicle will remain faultless for the next 12 months. It also doesn't cover components that are not visible or accessible during the test, or issues that are not yet severe enough to be a failure.

Q2: The dealership says the wheel bearing failure is due to normal wear and tear. What can I do?

A2: While wear and tear is normal, a wheel bearing failing after only 20,000 miles, especially if the car is relatively young, can be considered premature. You can argue that this indicates a lack of satisfactory quality or that the bearing was defective or worn at the time of sale. An independent report is crucial here.

Q3: Can I reject the car if these issues are not resolved?

A3: Rejecting the car (a "full refund") is usually possible within the first 30 days of purchase if a fault is found. After that, you typically have the right to a repair or replacement. If repairs are not carried out satisfactorily, or if multiple repair attempts fail, you may then have grounds to reject the car for a refund, but this can be more complex.

Q4: What if the dealership offers to repair the wheel bearing but not at their cost?

A4: You should resist this. If you can build a case that the fault existed or was developing at the time of sale, the repair should be at the dealership's expense, especially for safety-critical items or significant components.

Conclusion

While the time elapsed since the MOT and purchase can make proving pre-existing faults more challenging, your rights as a consumer are still strong. The Consumer Rights Act 2015 provides a robust framework for ensuring you receive goods of satisfactory quality. By gathering evidence, communicating clearly and formally with the dealership, and being prepared to escalate the matter if necessary, you stand a good chance of achieving a satisfactory resolution. The dealer's acknowledgment of the brake issue is a positive sign, and you should leverage this to push for a complete resolution, including the wheel bearing.

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