dealer liability? - thomp1983
hi sister hasjust bought a '96 mgf 1.8 vvc from a dealer in deleted. the car was sold with 3 months warrenty and in working condition excluding a few faults( slight hood damage, paint chip run of the mill stuff). the other day at work she picked up a puncture and took the wheel in for repair, whilst there she was informed the tyre and the rest on the car were below legal limit and would need changing. reading through some trading standards info i beleive the garage have a legal responsibility to sell the car in a roadworthy condition? i assume 4 bald tyres does not constitute roadworthy? therefore is is reasonable to expect the garage to meet the cost of replacement tyres?

chris
dealer liability? - bell boy
if she has just bought it then yes,take it back and play heck as well, she was looking at a £10,000 fine and 12 points.
--
\"a little man in a big world/\"
dealer liability? - thomp1983
in the real world she would be lookin at a 14day rectification notice but yes certainly agree the dealer should be replacing them. question is what is reasonable to ask for? would it be fair to ask for standard factory replacements which i beleive were a decent named v speed rated setup or accept the cheapest going suitable for the application? the only other issue is that the car now resides in the north east and as such is it reasonable to expect the change to be done at a local firm rather than the dealer?

chris
dealer liability? - blue_haddock
the only other issue is
that the car now resides in the north east and as
such is it reasonable to expect the change to be done
at a local firm rather than the dealer?


This could be tricky as they will try to say they can supply and fit the tyres for a lot less than getting a place local to you to do it and then get the dealer to pay for it. They will want you to return to them to get the rectification work done, not sure where you stand legally but as you were happy to travel to buy the car my view would be that if you want them to do any of the warranty work on the vehicle you should return it to them.
dealer liability? - Quinny100
Just for a bit of balance, I have been told on several occasions that my tyres were illegal and needed replacing where it was only the outside edge that was at 1.6mm, despite measuring them myself with a gauge and 80% of the tyre being well over. I generally get them changed well before they're near the limit and in the process of shopping around tyre places try to lay in on thick to get you to buy.

It is the drivers responsibility to check the tyres are in a roadworthy condition - if you can't spot a bald tyre you shouldn't be on the road.
dealer liability? - bell boy
Good points Quinny100
--
\"a little man in a big world/\"
dealer liability? - thomp1983
well ive told her to go see a mate who has a garage and as such isn't gona try and push anything on her and get them properly measured and put in writing. as for not checking tyres yes it is a basic mistake but try telling a woman who you have no financial hold over not to buy a car for any reason, and even if it is most basic it still contravenes trading standards rules for a car to be sold in a roadworthy condition does it not? the main question regards what is reasonable to ask for in terms of replacement tyres?

chris
dealer liability? - bell boy
you didnt answer my original question about how long she has owned the car and came back with a 14 day rectification notice statement, therefore as a dealer selling cars with legal tyres plus more at point of sale i bow out on this one.
--
\"a little man in a big world/\"
dealer liability? - thomp1983
sorry the car has been owned for 6 days now

chris
dealer liability? - thomp1983
well basically a suitable outcome to me would be the dealer pay for a replacement set of tyres of a middle of the road brand,would this be reasonable?

chris
dealer liability? - blue_haddock
well basically a suitable outcome to me would be the dealer
pay for a replacement set of tyres of a middle of
the road brand,would this be reasonable?


I doubt the dealer would see it as reasonable as it wasn't budgetted into the original sale.
dealer liability? - Altea Ego
How do you buy a car with non legal tyres on? If they were like that when the car was inspected then who's fault is that?
------------------------------
TourVanMan TM < Ex RF >
dealer liability? - blue_haddock
How do you buy a car with non legal tyres on?
If they were like that when the car was inspected then
who's fault is that?



Good point TVM - did they not sign some form of disclaimer when collecting the vehicle to say they are satisfied with the condition of the vehicle?
dealer liability? - thomp1983
is it relevent that my sister can't spot a bald tyre when the law states a dealer cannot sell a car in an unroadworthy condition? i would not think a disclaimer could be signed excluding the dealer from such law when the car was not sold as seen

chris
dealer liability? - blue_haddock
is it relevent that my sister can't spot a bald tyre
when the law states a dealer cannot sell a car in
an unroadworthy condition? i would not think a disclaimer could be
signed excluding the dealer from such law when the car was
not sold as seen


However the dealer can argue that she signed the disclaimer and could of done anything with the vehicle in the interim - swapped a set of used tyres onto the rims so they get a free set of tyres, been on a track day, demonstrating how to perform a rolling burnout etc.
dealer liability? - thomp1983
this is true although i don't beleive any disclaimer was signed or there has been no mention of it.

chris
dealer liability? - Blue {P}
When replacing these tyres check which brand they need replacing with very carefully, I'm sure I read although I can't remember where, that these cars are very sensitive to tyre brand and that only a certain brand made tyres specifically for them. Could be wrong though but worth a look.

Blue
dealer liability? - Altea Ego
is it relevent that my sister can't spot a bald tyre


As soon as she climbs in the car, starts it up and drives away yes it is relevant. It is the drivers responsibility for the legality of tyres. PArt of her driving skills is to spot bald tyres. If old bill stopped her she would still be prosecuted.

"Its the dealers fault" would cut no ice with plod.

------------------------------
TourVanMan TM < Ex RF >
dealer liability? - jacks
well basically a suitable outcome to me would be the dealer
pay for a replacement set of tyres of a middle of
the road brand,would this be reasonable?
chris



I would guess that the dealer would take the view (if he does in fact admit liability ) that the tyres would need to be of a tread pattern/depth and overall condition that is legal and roadworthy ............not necessarily brand new as you would prefer.......ie he will say bring the car back and he will fit second hand part worn (but legal) tyres.
He will probably just get them swapped with some other tyres off of another car on his lot that has a similar size tyre if possible & hope the buyer of that car doesn't notice either.

Can't see a used car dealer giving you £400 approx for a set of new tyres


My thoughts though are that he will say they were ok when sold, difficult to prove otherwise IMO
dealer liability? - Xileno {P}
There are two issues that need clarifying:

1. What do you mean by 'just bought'? Has she had the car a few days or a month?

2. Is it possible that the tyres were 1.6mm (the legal minimum)
when the car was bought and now under here ownership they have dropped below the minimum?

I'm afraid this is a classic case of caveat emptor. You can try and get some money back, you may get a contribution but I doubt it.

Keep an eye on that coolant level and check those coolant pipes underneath the car. They are prone to rusting.
dealer liability? - sierraman
you didnt answer my original question about how long she has
owned the car and came back with a 14 day rectification
notice statement, therefore as a dealer selling cars with legal tyres
plus more at point of sale i bow out on this
one.
--
\"a little man in a big world/\"


If you check your post you did not ask a question-quote-'if she has just bought it take it back'
dealer liability? - thomp1983
sorry, comment about 14 day rectification notce was in regards if she was stopped by the police she would be issued a notice to fix the tyres in 14days, didn't mean to return the car to dealer.

anyway, tyres have now been changed, at her cost. the rears were down to 1.3 and 1mm so no i don't think they could have passed under the legal limit in the week she's owned the car.

she rang the dealer today who has admitted liability and that he never even checked the car over before it's sale except for the points raised during viewing and is going to call back thursday regarding reimbursement although this did take quite a few heated words and the threat of trading standards as he tried to argue that the price of the car was discounted anyway due to time of year and faults pointed out during viewing but it looks as if a successful conclusion will be reached

chris
dealer liability? - Aprilia
Glad it got sorted. Mind you, with a 10 year old MGF tyres would not be my biggest worry.....
dealer liability? - thomp1983
to be honest apart from a few minor niggles it seems to be quite a good car, it's had all the headgasket work done professionally and a recent cambelt. only major issue was a damaged hood but just got an immaculate full hood for £140 after that it's just little bits like broken interior trim and a loose gearknob.

chris
dealer liability? - SteVee
Glad it got sorted. Mind you, with a 10 year old MGF tyres would not be my biggest worry.....<<

Nooo - tyres on the MGF are always a worry. The original NCTs were not highly regarded (to put it mildly), and there are many good recommendations on various forums for tyres. Always put good quality tyres on this car - and check them regularly.
dealer liability? - Aprilia
>> Glad it got sorted. Mind you, with a 10 year
old MGF tyres would not be my biggest worry.....<<
Nooo - tyres on the MGF are always a worry.
The original NCTs were not highly regarded (to put it mildly),
and there are many good recommendations on various forums for tyres.
Always put good quality tyres on this car - and
check them regularly.


I didn't quite mean it that way.....