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EP3 Looking for where I stand with my car - MOT failure due to to rust (advice please)

Messages
19
Hi Guys

I bought my car from a private seller back in April (end of April) its a 2004 EP3 with 74k miles, standard edition. I paid £5500, I wanted to have a car that had no issues thus the reason for paying the top end of the market value.

When I purchased it, i'd asked the owner whether it had any rust, I was told that it has the typical amount of rust for the age. However this was not the case, after taking it to an MOT, i found that it has failed due to heavy rust (as per below). I've taken it to the same garage that did all the previous MOTs and all the work for it.

What should i do?

- I reckon it will cost around 1.5-2.5k to fix the car, and not even sure if the car will be the same
- if I were to sell the car off as it is (being a rust bucket) what can i expect to get for it?
- Do I have anything against the private seller? I mean a small bit of rust is different to the whole car failing the MOT due to structural rust.




18 Aug 2020
Result Mileage Advisories
Fail 76992 miles 3
Test Details
Nearside front headlamp not working on dipped beam (4.1.1 (a) (ii))
Nearside front headlamp aim not tested (4.1.2 (b))
Offside front headlamp aim too low (4.1.2 (a))
Rear inner integral body structure or chassis has excessive corrosion, seriously affecting its strength within 30cm of a body mounting both sides. (6.2.2 (d) (i))
Front suspension arm pin or bush worn but not resulting in excessive movement both sides. (5.3.4 (a) (i))
Both sides sill cover fitted.
Underside surface corrosion.



15 Aug 2019
Result Mileage Advisories
Pass 73095 miles 6
Test Details
Vehicle structure is corroded but structural rigidity is not significantly reduced general corrosion on chassis and floor pan (6.1.1 (c) (i))
Nearside front service brake binding but not excessively (1.2.1 (f))
Nearside front track rod end ball joint dust cover damaged or deteriorated, but preventing the ingress of dirt (2.1.3 (g) (i))
Offside front suspension arm pin or bush worn but not resulting in excessive movement o/s front lower arm bush staring to split (f/f) (5.3.4 (a) (i))
Nearside front n/s/f drop link rubber slightly split, (no grease showing )
Front lower suspension arm corroded but not seriously weakened both front (5.3.3 (b) (i))
 
Very difficult to deal with this in a private sale, you have far less protection than a trade sale would have given you, in fact almost none.

You would have to prove that the seller deliberately misled you over the rust, they would claim that they were unaware of the true extent of it since the last MOT doesn't sound too bad for a 16 year old EP3.

It would be your word against theirs - Caveat Emptor (buyer beware). I suggest you contact your local citizens Advice Bureau to see what if any help they can give.

Good luck, keep us posted, someone on here might be able to help more
 
Last edited by a moderator:
Thanks Wilmo

I should have paid more attention to the MOT and nitty gritty stuff behind it, i thought having a good detailed chat with an owner who's owned it for about 3-4 years will clear things up. I knew these car had rust issues (my 01 accord had rust issue but not severe) thus the reason paying top end of the market price for it.

I spoke to the garage where the car was serviced (it's a well know honda specialist in Hampshire) and they were able to find all the previous details. They mentioned that the rust was apparent and was advised to the previous owner, but wasn't at the point it was a MOT failure.

I mean looking at all the previous MOTs it clearly states that there a growing issue of rust, i am not sure whether it was my responsibilty or was it down to the seller to disclose the extent of the rust.

As its stands at the moment, the car is not even worth 1.5k (it being a rust bucket) that's a loss of 4k with in 4 months. A car that you paid 5500 should not have an issue such as this.

I will have to have a chat with the Citizens advice bureau to see where is tand. I mean a clutch needing a replacement is different to the whole car failing its MOT because of the Rust
 
Yes you've fallen into the usual trap with private sales.
If you don't ask then they won't tell

Traders are obliged to tell or get a sh*t storm descend on them from Consumer Protection Regs.
There is an offence of misleading omission for traders but not for private sales.
That's why traders have to declare the Cat D,N etc. in ads.
 
Unfortunately you have paid way over the odds for a 16 year old EP3, and you have no recourse with the seller. 5.5k is insane.

As a private buyer it is your responsibility to check the MOT history, HPI and an inspection or some kind.

Sorry to be blunt, hope you research and take advice from places like these or experienced friends or family members next time.

I hope all works out for you in the end.


Sent from my iPhone using Tapatalk Pro
 
Cheers guys, I just gotta accept the fact that there is not much i can do

Hopefully i wont lose too much money from all this.
 
As above, there is little protection with a private sale 'buyer beware' etc. If you don't manage to get anywhere with it, and looking at this from a different angle. Seeing as you have spent £5500 on the car, rather than lose thousands, wouldn't it be cheaper to put it right? I know you shouldn't have to! Just a thought bud. Hope you get sorted.
 
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