– They kept the condition a secret, says Bob Roger Roth in Sandnes.
Two years ago, his wife Camilla Urdal bought an 11-year-old Ford S-Max from a used car dealer in Førde. She wanted a car that she would not have to spend anything on in the near future.
But just 13 days after the purchase, the right control arm broke due to rust damage.
– The wife lost control when it happened. But she was lucky, and there was no accident, says Roth.
“Acquirer’s car”
The rust damage had previously been detected by Møller Bil, who pointed out in a written statement that the rust damage is serious and will not pass EU inspection. Møller therefore resold the trade-in car as a “buyer’s car” for just NOK 10,000.
The car was bought by a car buyer, who sold the car on to the used car dealer Motorarena in Førde. When this dealer owned the car, it was EU approved by a workshop outside Haugesund.
Urdal bought the car from Motorarena. By then the price had risen to NOK 83,000, more than eight times what Møller Bil sold it for.
In the sales advertisement it was stated that the car was EU-approved. In the sales contract, the used car dealer wrote that the car needs anti-rust treatment, and that there is rust on the back seat. The dealer also wrote that the car model and year have a weakness.
Roth himself works at a car workshop. He and his wife understood the information they received at the time of purchase that there was only surface rust, and that the car only needed a simple rust treatment.
Raised purchase of rust bomb:
– The metal was completely porous, like biscuits
– Abnormally powerful
After one support arm broke, the couple obtained an expert assessment from another car workshop, which revealed severe rust damage both on the floor of the luggage compartment and on the rear support arms.
– The rust damage is abnormally severe compared to the same type of vehicle with a similar model year and mileage, says the expert assessment.
Experts also believe that the rust attack started several years earlier.
– The rust damage is much more severe than what can be expected in terms of lifespan and age. This should have been noted at periodic vehicle inspections, with a requirement for rectification before it became so impaired.
Experts also believe that the head gasket in the engine is defective.
A spot check that the Swedish Road Administration carried out at the request of the couple also shows that there was too much rust for the car to be EU-approved.
– The EU inspection was not carried out well enough, writes the Swedish Road Administration in its written report.
Held back
When the couple complained, the second-hand car dealer said that there was sufficient information in the purchase contract. The couple therefore complained to the consumer authorities. Now the Consumer Complaints Committee has fully agreed with the couple that they should cancel the purchase – and get their money back.
– Based on the assessment from the expert workshop and the statement from Møller Bil, it is clear that the car has heavy rust damage to the floor, in the luggage compartment and on the rear suspension arms, which can be traced back to the time of purchase, writes the Consumer Complaint Committee in its decision.
They believe that the information about the rust from the seller’s side has been “very vague”, and that the dealer withheld information. They also point out that the engine faults were also present at the time of purchase.
– The car was in a worse condition than expected, concludes the Consumer Complaint Committee.
– Reprehensible
The Urdal/Roth couple took legal action against both the used car dealer and the acquiring company, because they believe both knew about the rust damage. The two companies are now jointly ordered to pay back the purchase price.
None of them have responded to inquiries from the consumer authorities. The acquiring company has also not answered Motor’s questions.
The used car company Motorarena writes in an email that they will not answer questions, because the decision is not yet legally binding. But Motorarena has informed the couple that both they and the acquiring company accept the decision, and that the money, including late payment interest, is on its way to the couple’s account.
