Buying a car that failed its MOT: risks and rights

You can buy a car that has failed its MOT, and sometimes it is a fair deal. But a fail is a written list of work the car needs, the car may not be legal to drive away, and your rights depend on who is selling. Decide on three things before you agree a price: what failed, what the repair will cost, and how the car will get home. Get the fail sheet and any repair quote in writing.

What a recent fail tells you

An MOT fail means the tester found at least one major or dangerous defect. Every fail is recorded on the MOT database with the list of defects, so the seller should be able to show you exactly what was found.

Read the list carefully:

• Dangerous defects are a direct risk to road safety. The car must not be driven until they are fixed.
• Major defects fail the test and must be repaired, but they are not graded as an immediate danger.
• Minor defects and advisories do not cause the fail, but they tell you what may need doing next.

Then look at the full MOT history. A first fail on an otherwise clean record, for a bulb or a tyre, is very different from a car that has failed on corrosion several years running. Our MOT advisory checker explains common wording, and our MOT fail rate pages show how often each model fails by age in Great Britain, so you can see whether this car is typical.

Be wary of a seller who says the fail is "just a small thing" but will not show you the sheet.

Can the car be driven away?

This is the practical question that catches people out. GOV.UK sets the rules:

• If the old MOT is still valid and there are no dangerous defects, the car can be driven away after the fail. It still needs to be repaired and pass before the old certificate runs out.
• If a dangerous defect was found, the car must be repaired before it is driven. Driving it can bring a fine of up to £2,500, a driving ban and 3 penalty points.
• If there is no valid MOT, the car can only be driven to a pre-booked MOT test or to a place of repair. Otherwise the fine is up to £1,000.

Your insurance must also cover the car, and you need to tax it in your name before you drive it. In Great Britain the MOT must be valid when the tax starts, so a car with no valid MOT cannot be taxed until it passes. Plan to have the car repaired where it is, collected by a recovery service, or taken straight to a pre-booked test.

Price the repair before you agree a deal

The fail sheet tells you what is wrong. It does not tell you what it costs to fix. Before you make an offer:

1. Get a written quote from a garage for every major and dangerous item on the list. Ask the garage to note anything else they see while the car is on the ramp.
2. Ask about knock-on work. A corroded brake pipe can lead to replacing more than one section. A suspension fail can mean the wheel alignment needs setting afterwards. Our guide to brake pipe corrosion on an MOT shows why "pipes done" can mean very different jobs.
3. Add the retest. If the car is left at the test centre for repair and retested within 10 working days, there is no retest fee. Taking it away and bringing it back within 10 working days can mean a partial retest fee. Our guide to how much an MOT costs explains the rules.
4. Add getting it home, if it cannot be driven.
5. Allow for what the MOT does not test. The engine, clutch and gearbox are not part of it. Our guide to what the MOT does not check covers those gaps.

Then offer a price that reflects the total. Alternatively, ask the seller to carry out the repairs and have the car pass a retest before you pay. That moves the risk to the seller.

Get it in writing

If the seller promises to fix anything, write down what, by whom and by when, and keep a copy. If the work is done before the sale, ask for the invoice. It should list the parts and labour and the car's mileage. If the seller says the repairs are done but the car has not been retested, the only proof that the work meets the standard is a pass.

Keep the advert, the fail sheet, the quote and any messages. If something goes wrong later, they are your evidence.

Your rights: dealer or private seller

Buying from a dealer

When you buy from a business, the Consumer Rights Act 2015 says the car must be:

• of satisfactory quality, taking into account its age, price and mileage;
• fit for any particular purpose you made known;
• as described.

There are limits. Under the Act, satisfactory quality does not cover a fault that was specifically drawn to your attention before you bought, or one that an examination you made ought to have revealed. So if the dealer shows you a fail sheet listing a corroded brake pipe, you cannot later complain that the brake pipe was corroded. The fail sheet works both ways: it protects the dealer for what it lists, and it protects you for what it does not.

If something not disclosed goes wrong, the Act gives you a short-term right to reject within 30 days. After that, you can ask for a repair or a replacement, and if that does not put things right, a price reduction or a final right to reject.

Buying privately

A private seller is not covered by the Consumer Rights Act in the same way. Under the Sale of Goods Act 1979, the car must match its description and the seller must have the right to sell it. The duty of satisfactory quality applies to sales in the course of a business, so it does not cover a private sale. You have far less to fall back on, which makes the fail sheet, the quote and a mechanic's view more important.

What "sold as seen" means

"Sold as seen" tells you the seller does not want to deal with problems later. Its effect depends on who says it.

• From a dealer, the words do not remove your rights under the Consumer Rights Act. A trader cannot contract out of the duties of satisfactory quality, fitness for purpose and description.
• From a private seller, it reflects the position you are already in. The car must still be as described, and the seller must still own it.

Either way, a car sold as seen with a fresh MOT fail is a car to inspect properly, or to price as a project.

Frequently asked questions

Can I buy a car with no MOT?

Yes. It is legal to buy and sell a car without a valid MOT. You cannot drive it on the road except to a pre-booked MOT test or to a place of repair.

Can I drive a car home that failed its MOT?

Only if its previous MOT certificate is still valid and the fail listed no dangerous defects. Otherwise it must be repaired first, or taken to a pre-booked test or a place of repair.

Does a dealer have to tell me the car failed its MOT?

The car must be as described, and every MOT result is recorded on the MOT database. Ask to see the latest result and the full history before you buy.

Is a car that failed its MOT a bad buy?

Not necessarily. It depends on what failed, what the repair costs and whether the price reflects it. Get a written quote and see the car on a ramp before you decide.