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Car bought privately 2 months ago... mechanical issues

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Comments

  • battleram
    battleram Posts: 19 Forumite
    pendulum wrote: »
    Rubbish. A blown headgasket doesn't make a car unroadworthy in the legal sense. It is down to the buyer to check for things such as that before buying privately. Unroadworthy in the legal sense could be something like illegal tyres or faulty brakes (and no, brakepads that need replacing after you've had the car two months don't count!). When buying privately things are automatically "sold as seen" so there is no real need to state that on a receipt or advert.

    The OP has no case whatsoever against the seller.

    Sold as seen implies there's no comeback if you find you've been sold a dud one after the event. I suppose the way you have put it a car is always sold as seen, but the interpretation of this being the get out of jail free card when used in an advert is wrong. A seller can't was his hands of a problem just by saying 'it was sold as seen' is what I meant.

    I am no car expert, I am just speaking from my own experience. When I was awarded my CCJ, the judge certainly was in my favour that the car was unroadworthy due to a blown head gasker that had been 'disguised' by using sealent to delay noticing the immediate problem. This in turn managed to damage the whole engine and I was awarded the full cost and compensation.:rolleyes:

    Admittedly, my case was exasperated by the claim of a two year warranty that didn't exist, but the judge ruled that the dealer had sold it as a 'solid' car, when it obviously wasn't. The MOT was proven to be 'dodgy' too. The dealer is now facing nine months in prison.

    I may not have put it well, but I have been through the experience and have spent alot of time and money in relation to legal rights and secondhand cars.
  • battleram
    battleram Posts: 19 Forumite
    Also, for the last time, I have already said twice that the OP probably doesn't have any grounds for the same case. I just wanted it noted on the thread that buying from a private seller does not mean a buyer has no rights if they've clearly 'been taken for a ride'. Excuse the pun:p
  • motorguy
    motorguy Posts: 22,626 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    battleram wrote: »
    Also, for the last time, I have already said twice that the OP probably doesn't have any grounds for the same case. I just wanted it noted on the thread that buying from a private seller does not mean a buyer has no rights if they've clearly 'been taken for a ride'. Excuse the pun:p

    Interesting and quite possibly correct. i dont know for sure.

    In the past when selling privately, ive taken the approach, here is the car i am selling, here is how i describe it (via the advert), i will confirm it is 'as described' but i wont go out of my way to point out faults. For example, if the parking sensors arent working i wont describe the car as having parking sensors, but on the other hand i wont point out they are not working.

    As far as i am concerned, its up to the buyer to ensure they have satisfied themselves as to the condition of the car before purchase and to bid accordingly.
  • gsmmad
    gsmmad Posts: 416 Forumite
    pgilc1 wrote: »
    Interesting and quite possibly correct. i dont know for sure.

    In the past when selling privately, ive taken the approach, here is the car i am selling, here is how i describe it (via the advert), i will confirm it is 'as described' but i wont go out of my way to point out faults. For example, if the parking sensors arent working i wont describe the car as having parking sensors, but on the other hand i wont point out they are not working.

    As far as i am concerned, its up to the buyer to ensure they have satisfied themselves as to the condition of the car before purchase and to bid accordingly.


    I have found this to be the best solution when selling cars. I have never had a problem myself.
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