Private seller rights

Bazza07

Hi Guys. I need some advice.
I have recently purchased a new car from a trader. they offered to take my old car as deposit, pay off the remaining finance and give me £1000 cashback. it was all done over the internet and telephone. I sent them photo's of my vehicle and was honest about its describtion. My new vehicle arrived and they drove my old car away. later that day I recieved a phone call form the trader saying that my car had broken down on the way to the garage (which is over 200 miles away) and that I am liable for the cost of repair to the vehicle they have also said that I will need to pay the break down and recovery fee of £158. The trader has had a garage to look at the car who have said that the turbo has gone and it is going to cost around £700 to fix it. as I am not a mechanic and had no way of knowing that the turbo would suddenly go after 170 miles I dont feel that I misled the dealer on the condition of the car. the trader is withholding the £1000 cashback and the original £200 deposit I paid before I signed the contract. can you please confirm if I am liable for the repair. and if I should also pay for the break down and recovery cost of £158. any advice will be very much appreciated. Many Thanks Baz.:(

Scooby_Doo.

The receipt you gave him said 'sold as seen' right?

vaio

You are only liable for his costs if you lied about the condition of your car and he can prove it.

If he won’t complete the contract as agreed then, provided you have it all documented, you can follow all the normal procedure and take him to court.

berkshiregaz

He will have to prove that you knew the car was knackered, and even if he did that he would be lucky, he's a dealer in cars and you are a normal member of the public, I take it!
May be awkward but tell him to "Do One!"

marlot

Did it really break down? I wonder if he does this all his customers?

rev_henry

He's either a charlatan or incompetent. Like the dealer someone came on here about a few months ago, who agreed to take a truck in px, didn't bother to HPI it, didn't ask, and then complained when he discovered it was a repaired cat d. What kind of dealer takes a car in px without seeing it in the flesh? You joe public, him car dealer (apparently). Its his responsibility to check what he (effectively) buys, unless you were dishonest.

Bazza07

Yeah we checked with the Garage and the company that came to pick up the car. it does seem genuine.
unfortunately.

rev_henry

Bazza07 wrote: »

Yeah we checked with the Garage and the company that came to pick up the car. it does seem genuine.
unfortunately.

Doesn't really change anything. As with most (if not all) private sales, no guarantee is required or implied by law. Maybe you could come to an arrangement with the dealer, but this would just be a goodwill gesture from you - you don't have to.

colino

If it really has given up the ghost, that's tough for him, he's a trader and although he might bellyache about it, it's down to being a dealer and taking a variety of shrapnel.