Is it legal to sell a car with MoT advisories without telling a potential buyer?

Can a trader sell a car with an MoT with advisories without telling the buyer?

Asked on 27 October 2020 by pet1

Answered by Georgia Petrie
Yes, in some scenarios. When you buy a car, you enter a legally binding contract that’s covered by the Consumer Rights Act 2015. The law means you’re entitled to expect that the vehicle is of satisfactory quality, fit for purpose and is as described. An older vehicle with high mileage and advisories may not be as good as a newer vehicle with low mileage, but it should still be fit for use and in a condition that reflects its age and price.

If you’re selling a car, your main responsibility is to ensure that you describe and represent the car fairly and accurately to the buyer. As a seller, you aren’t required to assure the buyer that the car is in good condition. But you also can’t be misleading, so if a prospective buyer asks you about the condition of the vehicle, you must be totally honest. If they say they want to tow with the vehicle, for example, then you have to be honest about whether it can tow - otherwise they can reject the vehicle as not fit for purpose.

You haven’t said what the advisories are, but the trader can tell you it’s passed the MoT without telling you it has advisories because that’s true. If you enquired about advisories or looked online at the MoT checker, then the trader would need to be honest about them. But if you bought the car with an MoT, that means it’s legal and roadworthy. Saying that, if you feel you were misled by the seller because they didn't fully disclose issues, you can look into taking them to court for misrepresentation.
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