what are my rights as buyer of 2nd hand dog of a car?

JPS29

ha, Oliver's right, RAC etc just giving AA as an example as they are VERY thorough.

mikey72

I think the op has a good chance.
Everyone tries to rely on Caveat Emptor, I've sold you a heap of rubbish,- hard luck- but the vehicle must be roadworthy, even from a private seller.
He's already said he can prove it wasn't
The remedy is the problem.
The best one is to return the car for the price paid, but saying as the op has paid for work on it, that may not be wanted.

JPS29

mikey72 wrote: »

I think the op has a good chance.

He's already said he can prove it wasn't

He can prove it ISNT, but by his own admisssion, he checked the car, test drove it and then drove it home. When it left the seller all was fine or the buyer wouldnt have paid after inspection and driving it. No one is disputing the car now may be unroadworthy but I would bet my house on the buyer not getting his money back here

hhfdghj

how did it pass a new mot with that many faults

soolin

hhfdghj wrote: »

how did it pass a new mot with that many faults

Because at the time of the MOT it was roadworthy? An MOT is merely a snapshot taken on a single day of the state of the car- you could drive it out of the garage , have an accident and have a written off car with a full 12 months MOT remaining.

blomboy

Thanks for all your good points, and I am absolutely in agreement.. next car I will pay the £20 to have a local garage lift it up and look on the underside before parting with my hard earned cash! I am still trying for some sort of compensation, the problem is the tact you have to have with these types of sellers... Did he know what he was selling or did he genuinely not know ? I f I go over board and start accusing him of selling me a heap of rust I wont stand a chance of getting anything off him through the usual negotiations, so its a case of having to be diplomatic even when I feel I was purposfully ripped off... either that or staight to small courts etc.

ess0two

Take ebay out of the transaction,its no different that buying a car thru a private ad.

Oliver14

mikey72 wrote: »

I think the op has a good chance.
Everyone tries to rely on Caveat Emptor, I've sold you a heap of rubbish,- hard luck- but the vehicle must be roadworthy, even from a private seller.
He's already said he can prove it wasn't
The remedy is the problem.
The best one is to return the car for the price paid, but saying as the op has paid for work on it, that may not be wanted.

Unless the OP Has reports from a mechanic done within a few days of purchase and these reports contradict what was said in the listing. The OP hasn't a hope. It can be easily arvued that the faults developed lot lated as they have been using the car for months.

They will be throwing good money after bad if they aren't careful.

JPS29

Agree with Oliver.
Also its easy to say its only done xxx miles since I got it but with over a month gone the car "could" have done thousands of miles then had it's mileage put back, just google mileage correction, £60 approx dependant upon car. I have had this done for legitimate reasons when replacing a broken set of clocks and wanted the original miles on. Just playing devil's advocate and I know the OP isn't a scammer but this could happen.
Also no seller would let you take the car and have it checked over by a "local" garage before parting with cash. The AA (and others) come and inspect the car in situ.

forgotmyname

Always a risk buying a 2nd hand car. Rusty underneath its either an older car or a FIAT or Ka or Mercedes (how times change eh).

Not roadworthy. It must have been if you drove it 260 miles home.
Also driving an unroadworthy vehicle is an offence so have you broken the law.

A flat battery doesnt make it unroadworthy, You dont mention what car or exactly what faults make it unroadworthy.

Not having the logbook in his name does not mean he did not have good title to sell it. Did you ask why their name was not on the logbook?
I have bought cars from people who think a licence and insurance are for suckers, Their names never appeared on the logbooks and when they got stopped they would sell the car quickly.

Harder these days but it still goes on.

I have listed a car for a mate on ebay, Risky for me but didnt think about that until later.
If the buyer had not collected the car so quickly after the auction ended i would have done the handover for him. So that would mean my account and my address but not my car but i would have good title to sell it as i have the owners permission.

There is always the choice of taking the seller to the small claims court but you would need to provide better proof of being misold than you have supplied here.
From what you have put so far i dont think you would win.

You really need to do your homework before taking that route.

Bad enough spending your money on a car and finding its a heap without wasting money trying to get that money back without much hope.