AudiPartner Posted May 9, 2006 Report Share Posted May 9, 2006 So I bought a car that I thought was ok. It wasn't. And still isn't. I'm currently waiting on an estimate for the repair. I will be seeking legal advice, but before I do perhaps you could give your opinions. The car was bought privately, "sold as seen" was not written on the sales receipt. Whether or not this makes any odds I don't know, obviously I'm hoping it might. Now, the difference in this case (or so I am hoping) is that I can prove the car was like this when it was sold to me. Can I attempt to seek some compensation from the person who sold me the car? Link to comment Share on other sites More sharing options...
NewNiceMrMe Posted May 9, 2006 Report Share Posted May 9, 2006 I believe you can seek recompense. I recall a case locally a few years ago when a guy sold a Metro to a woman without telling her that it had a major gearbox problem (Automatic). She took him to court and won. That's all I can recall but there is definately potential recourse against private sellers. Link to comment Share on other sites More sharing options...
CarMad Posted May 9, 2006 Report Share Posted May 9, 2006 I'm afraid you might be out of look. Its buyer beware in this instance. As far as I'm aware its up to you to check the car is ok before you buy it. Unless you can prove that the seller miss sold the car or described it incorrectly as a different model or something like that your out of luck. Other half has just looked at her law and it says [ QUOTE ] The implied condition in the sale of goods act says that. Condition does not apply where. 1. Defects are drawn to the buyers attention before the contract is made. 2. The buyer examines the goods and should therfore be aware of the defect. [/ QUOTE ] Link to comment Share on other sites More sharing options...
Thorburn Posted May 9, 2006 Report Share Posted May 9, 2006 http://www.autotrader.co.uk/CARS/buy/ba/buyingadvice_ba-8.jsp "Private You have far less legal comeback when buying privately. The only obligation for sellers is to describe the car truthfully - but even if they don't, getting compensation from them can be difficult, time-consuming and costly. However, you can still expect a car to be: * capable of passing an MOT, unless the seller specifies that it isn't. * owned by the person who is selling it - because if you later find out it's been stolen, you have no legal right to keep it. It will also be covered by the Consumer Credit Act 1974. This means if you buy a car and find out later a finance company has issued a claim against it; you are still able to keep the car. The finance company can't repossess it against your will." Link to comment Share on other sites More sharing options...
NewNiceMrMe Posted May 9, 2006 Report Share Posted May 9, 2006 Here you are Adam. Consumer Direct UK The above is a link to the people you need to speak to. It also specifically details a sellers obligations, and depending on what the problem is I'd say that if there is an issue he'd have definately known about - then you have a very firm footing for legal action. I knew the Seller wasn't as protected as people often believe, and this confirms it. However, I also know you'd need to pursue it vigorously to get an end result. Link to comment Share on other sites More sharing options...
CarMad Posted May 9, 2006 Report Share Posted May 9, 2006 As MrMe says you could say that you weren't told of a defect and then have a case. But it would have to be fairly clear cut that the problem existed and hadn't occurred after the sale. Link to comment Share on other sites More sharing options...
DanG Posted May 9, 2006 Report Share Posted May 9, 2006 There is no such thing as 'Sold As Seen' anymore. A seller MUST disclose any and all faults or issues at time of sale, if they do not and subsequent faults or undisclosed damage is found then you are entitled to a full refund. It is however, rather difficult to prove alot of these things after the event. Contact the AA for a full vehicle inspection and get in touch with the seller ASAP. Best to try to settle it amicably first, explain the law to them if they dont know, maybe print off some stuff and take it with you...... Link to comment Share on other sites More sharing options...
robin09 Posted May 9, 2006 Report Share Posted May 9, 2006 [ QUOTE ] There is no such thing as 'Sold As Seen' anymore. A seller MUST disclose any and all faults or issues at time of sale, if they do not and subsequent faults or undisclosed damage is found then you are entitled to a full refund. It is however, rather difficult to prove alot of these things after the event. Contact the AA for a full vehicle inspection and get in touch with the seller ASAP. Best to try to settle it amicably first, explain the law to them if they dont know, maybe print off some stuff and take it with you...... [/ QUOTE ] One thing I was wondering, if you get an AA inspection and they say all is well. Are the AA liable if it then turns out there was a fault with the car at the time of the inspection that they didnt spot? Link to comment Share on other sites More sharing options...
DanG Posted May 9, 2006 Report Share Posted May 9, 2006 Yes, I think they offer some type of 'limited warranty' or paperwork which offers something similar should they have missed something. Link to comment Share on other sites More sharing options...
drpellypo Posted May 9, 2006 Report Share Posted May 9, 2006 To summarise the law, the car should be sold 'fit for purpose' unless otherwise stated. So essentially it should drive as stated (esp if he said in good condition etc.) You may have a case, you may not. It's really difficult to tell. I'd go to seller first though, see if they can come to some sort of arrangement re repair costs. Trick is to be nice and polite and friendly, otherwise they are just going to tell you to get lost and do the whole "you bought it second hand, you have no rights" speech. Link to comment Share on other sites More sharing options...
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