@muller78
There are a few issues here.
Under the Sale of Goods and Supply of Services Act 1980 - Section 13 (2)
1. Extracts from the Act
13(2) Without prejudice to any other condition or warranty, in every contract for the sale of a motor vehicle (except a contract in which the buyer is a person whose business it is to deal in motor vehicles) there is an implied condition that at the time of delivery of the vehicle under the contract it is free from any defect which would render it a danger to the public, including persons travelling in the vehicle.
13(4) Save in a case in which the implied condition as to freedom from defects referred to in subsection (2) is either not incorporated in the contract or has been effectively excluded from the contract pursuant to that subsection, in the case of every sale of a motor vehicle by a person whose business it is to deal in motor vehicles a certificate in writing in such form as the Minister may by regulations prescribe shall be given to the buyer by or on behalf of the seller to the effect that the vehicle is, at the time of delivery, free from any defect which would render it a danger to the public, including persons travelling in the vehicle.
Sale of Goods Act 1893
14(2) Where the seller sells goods in the course of a business there is an implied condition that the goods supplied under the contract are of merchantable quality, except that there is no such condition—
(a) as regards defects specifically drawn to the buyer's attention before the contract is made, or
(b) if the buyer examines the goods before the contract is made, as regards defects which that examination ought to have revealed.
2.Your case:
From what you describe about the smoke and all that there seems to be pretty significant issues with the Garage in that respect. Is / was the car a danger - not clear.
However, your remarks about the bald tyres raised a concern. First there is a lapse of time and you have been using the car and the condition of the tyres would seem to be a basic thing. The AA then saying the car was unroadworthy -but you haven't given any context for that. In other words are there a number of matter here.
A: Your original problem with the car
B: Your own actions - the bald tyres etc kind of signifies neglect on your part
What would I do:
- Get car assessed by an expert that you know or can be recommended to.
- Based on what that evaluation says maybe then consult a solicitor.