Second hand vehicle purchased privately... my rights?

gRoberts

Hey everyone,

Not sure what I can do with this, but I here we go.

I purchased a 2003 Ford Mondeo last month and paid £2750 for it.

The car drove and appeared to be fine for the first three weeks, you know, falling in love with a car etc.

I was then driving to my girlfriends in Scotland and smoke started coming out of the exhaust a little more than normal (it's a diesel).

As as I was going through a contraflow, white smoke starting coming out of the exhaust... not good huh lol

Anyhoo, after finally getting recovered home, I had my normal mechanic look at it and he said that it had been bodged up to sell.

Apparently the engine was sealed using Sillicon Sealent, which had finally given way and started spraying oil all over the engine bay.

His professional opinion is that this was done on purpose to sell the car, of which I was not informed by the original owner of ANY issues.

Now it appears I am now going to have to shell out for either a new engine or the cost to diagnose and fix the car.

Despite the car being sold privately with no warranty given or implied, if the previous owner knowingly sold the vehicle with faults but failed to mention them, do I have any come back on this?

Any advice would be great!

Cheers

Gavin

cyberbob

gRoberts wrote: »

if the previous owner knowingly sold the vehicle with faults but failed to mention them, do I have any come back on this?

Only if he misrepresented it by saying something was in good condition and it wasn't (not telling you something doesn't count) and if you can prove this e.g. if its in a newspaper add or something. Otherwise its sold as seen.

neilmcl

Did you specifically enquire about faults? Unless the private seller misrepresented the vehicle you have very little rights of redress.

gRoberts

Thanks Cyberbob... I have the original Ebay listing. http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=190417476151

The vehicle wasn't sold via Ebay. I was going to purchase it, showed interest and then didn't purchase. Then the seller contacted me after it did not sell.

I know i know... lol

4743hudsonj

gRoberts wrote: »

Despite the car being sold privately with no warranty given or implied, if the previous owner knowingly sold the vehicle with faults but failed to mention them, do I have any come back on this?

In short, yes. But to get anywhere you will most likely need your mechanic to write a report detailing his professional opinion.

Silicone sealant has absolutely no application on an engine so it does sound like a bodge, Head gasket failure?

You may need to take them to court though.

Start by writing a letter before action via recorded delivery stating yours and the mechanics beliefs and request a full refund due to misrepresentation of the vehicles condition. Also state that failure to do so will result in court action.

Give them 2 weeks to reply (out this in the letter too) and then follow through by getting that report and going to money claim online.

EDIT: i would print screen that ebay listing ASAP.

gRoberts

Thank you (4743hudsonj)

I have already saved the page and I have just taken a screenshot as suggested.

It appears the oil seals have gone, although everyone I have asked, have suggested replacing the engine. The cheapest quote I have got so far is £1350.

It's likely I will be taking it to Ford to get both my mechanic's and an official Ford report.

Thankfully, I went to this person's house and it is infact the same address that appeared on the V5. It's just a little sickening to think that I've already paid so much for the car, now I could be paying almost half of that just to get it working again.

Thanks again!

4743hudsonj

gRoberts wrote: »

Thank you (4743hudsonj)

I have already saved the page and I have just taken a screenshot as suggested.

It appears the oil seals have gone, although everyone I have asked, have suggested replacing the engine. The cheapest quote I have got so far is £1350.

It's likely I will be taking it to Ford to get both my mechanic's and an official Ford report.

Thankfully, I went to this person's house and it is infact the same address that appeared on the V5. It's just a little sickening to think that I've already paid so much for the car, now I could be paying almost half of that just to get it working again.

Thanks again!

Well just remember any civil cases are judged on the "balance of probabilities". So if you think you have a good chance you can demonstrate this person lied to sell the car, then you can win.

I would class the following as "proof"

- Price - the price is comparable to a good running vehicle of similar condition, not a engine rebuild jobbie

- Silicone - Even though the above in itself isnt proof, coupled with a bodge job, it shows some lying on behalf of the seller

-ebay listing - it does make it out to be a nice running vehicle

If you feel confident enough, get your report and make a claim (including the cost of the report)

nomoneytoday

It's a private sale. Sorry but caveat emptor applies, unless you can prove they lied when asked specific questions...

gRoberts

4743hudsonj wrote: »

Well just remember any civil cases are judged on the "balance of probabilities". So if you think you have a good chance you can demonstrate this person lied to sell the car, then you can win.

I would class the following as "proof"

- Price - the price is comparable to a good running vehicle of similar condition, not a engine rebuild jobbie

- Silicone - Even though the above in itself isnt proof, coupled with a bodge job, it shows some lying on behalf of the seller

-ebay listing - it does make it out to be a nice running vehicle

If you feel confident enough, get your report and make a claim (including the cost of the report)

Thanks again,

I'll weigh up my options and let you know how I get on.

gRoberts

nomoneytoday wrote: »

It's a private sale. Sorry but caveat emptor applies, unless you can prove they lied when asked specific questions...

The car was implied as good condition, with no known faults.

This turned out to be false, as the sillicon sealant, would have been applied knowing that it would have perrished as the engine warmed up.

The owner also wanted to get rid of the car before Aug 1st. Without giving any reason why. Which I can only "assume" this is because he knew it would fail.

moonrakerz

If someone is selling something second hand there is NO requirement for them to point out any defects on the item. It is up to the would be purchaser to inspect the item and ask the appropriate questions.
Even if you do ask the appropriate questions, and get the answer you want, and this later turns out to be incorrect, you have to prove that you did ask the appropriate question and got an incorrect answer.
In this case, the seller could say: "yes, there was sealant there, but it has been there for thousands of miles, I've had no problem with it"


This is the chance you take buying privately rather than from a reputable dealer. Some you win.................