MINI Cooper - Used mini undisclosed problems - minicalledmouse
I purchased a used Mini Cooper and less than a month later discovered horrendous problems that were not disclosed. Have now had an engineers report carried out.

Can anyone advise what is classed as a roadworthy condition is there a definition in law? There are some 20 items that the car should never have passed its MOT on. Reported to VOSA and trading standards but just need a true definition of road worthiness if anyone knows.

Thanks
MINI Cooper - Used mini undisclosed problems - craig-pd130

If some of the 20 MOT-failure items involve badly-worn suspension joints or brake discs then the car shouldn't be on the road.

But I would have thought that proving the seller / dealer knew about these faults is difficult. They can always blame the MOT testing station, as it's the tester that issues the MOT.

MINI Cooper - Used mini undisclosed problems - Collos25

All the MOT station has to say is that it was ok when they tested it you will have a job on to disprove itm, if there are that many faults when you bought it I am surprised you did not notice any of them.

MINI Cooper - Used mini undisclosed problems - RaineMan

When was the MOT carried out compared to the engineers report? And how old is the car? Often there is a question of interpretation. I had a car fail an MOT at one garage and yet when I took it to another the tester said many of the points were irrelevant and barely worthy of an advisory.He did, however,find a serious problem that the original tester had missed whilst on what appears to have been a "work generation" scheme!

It might be worth taking it for an MOT elsewhere to see what they find!

Edited by RaineMan on 31/10/2013 at 08:38

MINI Cooper - Used mini undisclosed problems - madf

If bought from dealer, Sale of Goods Act applies.

Otherwise, tough.

MINI Cooper - Used mini undisclosed problems - coopshere
The following link gives you the law:
www.devon.gov.uk/rta_guidance.pdf

MINI Cooper - Used mini undisclosed problems - pd

A dealer (or indeed a private seller) has to provide a roadworthy car. That isn't the same as a faultless car.

Selling an unroadworthy car (e.g. tyres below legal limit, brakes not working etc.) is a criminal offence. A new MOT is usually a quite good (but not 100%) defence for this.

Without some of the issues detailed it is difficult to comment more.

MINI Cooper - Used mini undisclosed problems - pd

Otherwise, tough.

Actually, not true. It is a criminal offence for a private seller to sell an unroadworthy car as much as a dealer (Road Traffic Act 1988).

MINI Cooper - Used mini undisclosed problems - Collos25

Very difficult to prove after the car has been used for a month,

MINI Cooper - Used mini undisclosed problems - madf

Very difficult to prove after the car has been used for a month,

Quite.

L:ike virtually impossible.

"It was working perfectly when I sold it, the buyer found nothing wrong when he bought it..It had a valid MOT etc."

One person's word versus another...Case closed. Costs to the defendant.

Edited by madf on 31/10/2013 at 16:52

MINI Cooper - Used mini undisclosed problems - Hamsafar

When bought from a trader, the onus is on the seller to show that the fault didn't exist at the time of sale, unfortunately for the buyer, an MOT carried out at just before the sale would probably show just that. If teh MOT is older, ie months old, you might have a case.

Edited by Hamsafar on 31/10/2013 at 17:45

MINI Cooper - Used mini undisclosed problems - Collos25

I would have thought it would be the other way round.

MINI Cooper - Used mini undisclosed problems - pd

There is a very fundamental difference between unroadworthy and a fault.

An unroadworthy car is a criminal offence to sell and the seller, be it trade OR private, is liable to prosecution. Unroadworthy means bald tyres, broken suspension, bad brakes etc. It does NOT mean a dodgy headgasket.

An argument over a fault or other aspect of the cars performance is a civil matter between seller and buyer and open to endless interpreations and comes under the "how long is a bit of string".

An actual unroadworthy car at point of sale (e.g. illegal tyre) is far more cut and dried.

MINI Cooper - Used mini undisclosed problems - RaineMan

It would be extremely useful if the original poster could include some detail to help people decide who might be in the wrong!

MINI Cooper - Used mini undisclosed problems - Galaxy

Yes, where is the OP, by the way?

MINI Cooper - Used mini undisclosed problems - RaineMan

I am starting to wonder if this is similar to someone I worked me a few years ago. He brought a cheap car (trade in?) at a dealer with a year's MOT. Two months and 5,000 miles later he complained when he had to replace the tyres and front brake pads!