Issue With Garage - Your Thoughts

Z

z4tastic

Member
I bought my 2005 Z4 Roadster back in August 2011 with 30K on the clock and a FBMWSH. It had just had it's inspection 1 done at Menzies BMW Stirling.

I read through all the docs and the service docs from BMW had an advisory section which read "minor scuff on N/S/F alloy", nothing else.

When I agreed to buy the car, the selling garage (my local indy garage - only really sells Merc's, BMW's Audi, and Porsche with the odd exception, not BMW dealer) told me that it only had 6 months remaining MOT and they would put 12 on. Car was MOT'd and I was told there was no issues.

I posted on this site about my weird rattling issues - when the garage solved it (handbrake cable, not garage I purchased it from) and charged me £29, they also pointed out to me that my O/S/F shock was "leaking badly" and have advised replacement of both front shocks and a re-align.

Now... I was renewing my RFL yesterday and whilst waiting in the post office queue I noticed on my MOT certificate it said "Advisory - Yes". However, the garage NEVER issued me with the advisory notice, the MOT certificate only. I looked up online and guess what? - Advisory, O/S/F shock leaking slightly.

Basically the garage have with held the advisory certificate from me so that I wouldn't see this and only issued the MOT certificate. Clearly if I had seen the advisory certificate I would have asked for the shocks to be replaced or I would not be buying it!!

So here are my questions, that I was hoping to get your input on:

1. Is it illegal from them to purposefully with hold an associated advisory from an MOT certificate?
2. Do I have reasonable ground for complaint to ask the garage to replace both front shocks?
3. Do I also have a reasonable complaint that the garage should never have sold the vehicle with a leaking shock, given that it was their mechanic that MOT'd the vehicle, thus by their own admission the vehicle was faulty.
4. Should a leaky shock really pass an MOT?

Cheers
 
I'm no expert on trading laws, but I'd suspect the garage you bought it from would tell you it's your fault for not checking the paperwork? If it was an MOT failure I'd say you have every right to complain though. If it's not road-legal and they were selling it as such surely that's illegal?
 
1. Not sure
2. I would think so having held the information from you but not certain
3. Not necessarily - cars are sold with issues all the time from garages, its more the fact they did not tell you.
4. Yes - plenty of my cars have passed with a slightly leaky shock. Usually needs replacing the year after (if not already done).
 
An MOT advisory is just that. It's not yet bad enough to fail the MOT. It may last 2 weeks, or it may last 2 years. A seller does not have to disclose anything unless you specifically ask.

You can check a car's MOT history on-line, so it's up to the buyer to do any relevant checks BEFORE buying the car - including getting an inspection done by someone competent if the buyer is not competent themselves.

An 'advisory' section in a BMW service history simply means that at one point in its life it was at a dealer where they advised the customer that the damper was leaking/seeping. I've had plenty of 'advisories' from BMW over the last 15 years, and in 90% of the cases it was simply sales patter to get me to pay for unnecessary work.

For example:
  • "brake pads/discs worn" - well yes, they've been used in the 3 months since you replaced them!
  • "rear tyres half worn" - so there's still 4mm on them?
  • "excessive play in rear suspension bushes" - have been checked and passed 3 MOTs!
  • "leaking OSF EDC damper" - it's under dealer warranty - "Oh, it's actually only seeping, and they all do that, so it's fine"
 
Hi, about:

2. Do I have reasonable ground for complaint to ask the garage to replace both front shocks?

I think you have a reason to speak to the garage and ask them to help you sort out the leafing shock on the basis it was an advisory on the MOT advisory document. However, I agree as you had not asked for it at the time (which most of us probably wouldn't think about), it may be too late to expect anything. However, do ask.
 
mmm-five said:
An MOT advisory is just that. It's not yet bad enough to fail the MOT. It may last 2 weeks, or it may last 2 years. A seller does not have to disclose anything unless you specifically ask.

You can check a car's MOT history on-line, so it's up to the buyer to do any relevant checks BEFORE buying the car - including getting an inspection done by someone competent if the buyer is not competent themselves.

An 'advisory' section in a BMW service history simply means that at one point in its life it was at a dealer where they advised the customer that the damper was leaking/seeping. I've had plenty of 'advisories' from BMW over the last 15 years, and in 90% of the cases it was simply sales patter to get me to pay for unnecessary work.

For example:
  • "brake pads/discs worn" - well yes, they've been used in the 3 months since you replaced them!
  • "rear tyres half worn" - so there's still 4mm on them?
  • "excessive play in rear suspension bushes" - have been checked and passed 3 MOTs!
  • "leaking OSF EDC damper" - it's under dealer warranty - "Oh, it's actually only seeping, and they all do that, so it's fine"
Click to expand...

Exactamondo! And the stuff about ''90% of the cases it was simply sales patter to get me to pay for unnecessary work'' and the dealer's comments: :rofl: , yup alot of the time just unscrupulous, trying to get us to part with money unnecessarily! They prob have a hit list of stuff to say is worn ??! :poke:
 
Unless you asked about advisories I think you will be out of luck as the car had a new MOT. Dealers have to answer questions truthfully, but are not obliged to point issues out to you.

Best to speak to consumer direct, they will advise if you have a case or not.
 
srhutch said:
Unless you asked about advisories I think you will be out of luck as the car had a new MOT. Dealers have to answer questions truthfully, but are not obliged to point issues out to you.

Best to speak to consumer direct, they will advise if you have a case or not.
Click to expand...

Something we all have to be wary of - checking the documentation thoroughly..
 
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