Ford Fusion - Motor dealer obligations

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Sun 2 Dec 2012 22:24
Ford Fusion - Motor dealer obligations - hickster

I bought a Ford Fusion car from a motor dealer and unfortunately the engine and gearbox blew a week later. Insurance company wrote off car and agreed to pay full insured amount and asked for MoT certificate. Found out it had expired just over a month previously.

Are motor dealers permitted to:

a) sell a car without a current Mot?

b) sell a car without informing the buyer that the vehicle did not have a current MoT?

c) upon selling the car is the dealer obliged to inform the buyer that the vehicle has no MoT and therefore the buyer would be breaking the law by driving it away from his dealership?

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Sun 2 Dec 2012 23:08
Ford Fusion - Motor dealer obligations - bathtub tom

>>engine and gearbox blew a week later.

I've blown engines and I've blown gearboxes, but never both together!

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Sun 2 Dec 2012 23:28
Ford Fusion - Motor dealer obligations - hickster

Car had been left in 1st gear being towed behind a motorhome, hence the damage to both gearbox and engine. But my questions relate to the MoT.

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Mon 3 Dec 2012 08:30
Ford Fusion - Motor dealer obligations - RT

At least some of the responsibility for ensuring the car had an MoT falls on the new owner.

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Mon 3 Dec 2012 09:36
Ford Fusion - Motor dealer obligations - tony g
Hi hickster,
Car dealers are legally obliged to inform retail buyers of all important material facts that apply to the sale of a car .
So the old days of selling cars that were write offs ,without telling the buyer ,are no longer allowed .

It follows that they should disclose that the car didn't have an mot .

However two important issues ,one ,why didn't you ask ,or check the mot .Checks are free ,you have to take some responsibility for your actions .

Two ,you say that you were towing the car behind a motor home in first gear .Why would you do that ,if the dealer is aware of that he will argue that you caused the damage to the car .
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Mon 3 Dec 2012 09:56
Ford Fusion - Motor dealer obligations - RT

I'm not sure that the OP is trying to blame the dealer for the blow-up - just the lack of MoT which is no doubt causing problems with his insurer.

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Mon 3 Dec 2012 12:00
Ford Fusion - Motor dealer obligations - skidpan

Did you honestly drive away in a car you had just bought without checking it had a current MOT. Very careless IMHO plus if you had been stopped the car would have been impounded, you fined and given 3 points.

Even if the dealer assured you the car had 12 months MOT before you bought the owner/user are still responsible.

Looks to me like your insurance company have got a get out of jail free card. Your best bet will probably be to get an engine/box from a scrapyard fitted to the car as economically as possible.

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Mon 3 Dec 2012 12:50
Ford Fusion - Motor dealer obligations - thunderbird

Think you will find that most modern cars can only be towed with the drive wheels on the road for a very limited distance at a low speed. Exceeding the limits set will wreck the gearbox/diff even if the car is in neutral.

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Mon 3 Dec 2012 14:13
Ford Fusion - Motor dealer obligations - RT

Think you will find that most modern cars can only be towed with the drive wheels on the road for a very limited distance at a low speed. Exceeding the limits set will wreck the gearbox/diff even if the car is in neutral.

That certainly applies to automatics and 4wd's but doesn't apply to 2wd manuals - as long as they're put in neutral !!!

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Mon 3 Dec 2012 14:34
Ford Fusion - Motor dealer obligations - Dwight Van Driver

I know of no specific offence of selling a car without a Test Certificate. However there is an offence contrary to RTA 1988 Sect 75:

Vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy.(1)Subject to the provisions of this section no person shall supply a motor vehicle or trailer in an unroadworthy condition.
(2)In this section references to supply include—
(a)sell,
(b)offer to sell or supply, and
(c)expose for sale.
(3)For the purposes of subsection (1) above a motor vehicle or trailer is in an unroadworthy condition if—
(a)it is in such a condition that the use of it on a road in that condition would be unlawful by virtue of any provision made by regulations under section 41 of this Act (testable items) as respects—
(i)brakes, steering gear or tyres, or
(ii)the construction, weight or equipment of vehicles,. . .

Again there is exemptions in that purchaser declares that vehicle will not be used on a road in GB with faults unrectified.

Much will depend on what was said at point of sale as to whether an action at civil law can be contemplated.

Of note as far as third party insurance is concerned Insurance cannot be voided due to the mechanical condition of the vehicle.- S 148 Road Traffic Acxt 1988. Doesb't help in this case at no third party involved.

dvd

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Mon 3 Dec 2012 14:46
Ford Fusion - Motor dealer obligations - thunderbird

Think you will find that most modern cars can only be towed with the drive wheels on the road for a very limited distance at a low speed. Exceeding the limits set will wreck the gearbox/diff even if the car is in neutral.

That certainly applies to automatics and 4wd's but doesn't apply to 2wd manuals - as long as they're put in neutral !!!

Seen it in several handbooks and they were manuals not auto's. That is why recovery companies always use suspended tows unless its for a very short distance and one of the reasons why most people towing behind a motorhome put the car on a small trailer. The other reason is braking, the car being towed will not have brakes and depending what the tow vehicle is it may be outside the legal limit for no brakes.

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Mon 3 Dec 2012 15:35
Ford Fusion - Motor dealer obligations - RT

The legal limit for an unbraked trailer is 750kg gross, so any normal car and most micro-cars must have over-run operated brakes on all 4 wheels as their gross is over 750kg even though their kerbweight may be under that limit.

Recovery companies shouldn't use suspended lift for 4wd vehicles - they need to use a flatbed.

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