Buying private cars, comebacks.

silkyuk9

Reading through threads on cars and breakdowns etc I thought I would just ask a question regarding private car sales.

A good while back my lad had an accident in his car and did not have one until his insurance came through. As it was near Chritmas and lives a long way from us we saw a car outside someones house that had a for sale sticker in it.

The car was £500 and seemed ok, took it for a run and was ok, no probs. Well the following day there was a problem, there was a noise coming from the engine area and over the course of the day it got worse and the following day worse still. We took it to a garage and was told the gear box was !!!!!!ed. The repair bill was something like £300 if I remember rightly. Basically we scrapped the car. The car was bought from a house close to my others and the next time I went up there I saw the guy and said that the car basically lasted like 20 or 30 miles, all he said was 'well it was in good nick when I sold it to you'

Thats fine. I have a saying, You pays your money and you takes a chance.

But is there any legal argument? granted £500 is not a lot for a car, but for 20 or 30 miles its quite an expensive car.

I guess if you buy an item from the shop and its not fit for purpose then you get a refund, I suppose we can all say this buying second hand cars that conk out after a few miles. But is the buyer protected in any way??

Just a thought.

atrixblue.-MFR-.

depends on what the actual advert said, if it stated in good condition with no faults then one can argue that it was not as described as it was infact in poor condition. this is the only one thing that soga would be applicable regarding private sales. now youve scraped the car i assume you recieved money for it.

and all depends how long ago you purchased it, had you recieved scrap value you deduct that amount and then persue for the outstanding losses.

again proper channels should be sought before issuing court proceedings.
letter to seller, 14 days to reply another letter to seller 14 days top replay, final letter to seller before court proceeding 14days to reply, a call to consumer direct for free advice would point you in the direction of how to word you letter and correct legislation to reiterate the the seller and have you got a copy of the advert? if not your going to have difficulty in proving not as described.

Hammyman

Caveat Emptor. The only time you have a recourse is as said, if it was advertised in a certain way and didn't meet the description.

silkyuk9

atrixblue.-MFR-. wrote: »

depends on what the actual advert said, if it stated in good condition with no faults then one can argue that it was not as described as it was infact in poor condition. this is the only one thing that soga would be applicable regarding private sales. now youve scraped the car i assume you recieved money for it.

and all depends how long ago you purchased it, had you recieved scrap value you deduct that amount and then persue for the outstanding losses.

again proper channels should be sought before issuing court proceedings.
letter to seller, 14 days to reply another letter to seller 14 days top replay, final letter to seller before court proceeding 14days to reply, a call to consumer direct for free advice would point you in the direction of how to word you letter and correct legislation to reiterate the the seller and have you got a copy of the advert? if not your going to have difficulty in proving not as described.

Im not relating to my car, this is gone and over, like i said i pays my money and takes a chance.

No, this is in general terms.

If say you saw a car on the road side. In the car is a for sale sign somthing like this which is common.

'For Sale, 70k miles 3 months tax 6 months mot. Good runner'

or 'For Sale, 70k miles 3 months tax 6 months mot'

The cars engine blows up the following day, after 5, 10 miles.

Is there any law that protects the buyer??

Yorkie1

Good runner implies a certain vague standard of performance. But so vague that you may struggle to have much recourse if it actually worked at the time of sale.

The second one you put has absolutely no quality remarks so nothing to mislead.

As others have said, caveat emptor - let the buyer beware. This is the rule when buying from a private seller. You are considered able to undertake your own investigations before buying, and if you choose not to do so, then on your head be it (so to speak).

vax2002

Good runner (you will need to be if you buy this)

atrixblue.-MFR-.

silkyuk9 wrote: »

Im not relating to my car, this is gone and over, like i said i pays my money and takes a chance.

No, this is in general terms.

If say you saw a car on the road side. In the car is a for sale sign somthing like this which is common.

'For Sale, 70k miles 3 months tax 6 months mot. Good runner'

or 'For Sale, 70k miles 3 months tax 6 months mot'

The cars engine blows up the following day, after 5, 10 miles.

Is there any law that protects the buyer??

like hammy said coveat emptor, unless not as described.

no the law doesnt protect the buyer it protects the seller with private sales, if the seller did everthing that is required of him in his description of the vehicle and answered all questions you put forward then he is protected by the law.

if the seller wasnt protected by the law everyone would by private and take the car back 2 months later for a refund, wich you cannot expect a private inividual to do.

silkyuk9

atrixblue.-MFR-. wrote: »

like hammy said coveat emptor, unless not as described.

no the law doesnt protect the buyer it protects the seller with private sales, if the seller did everthing that is required of him in his description of the vehicle and answered all questions you put forward then he is protected by the law.

if the seller wasnt protected by the law everyone would by private and take the car back 2 months later for a refund, wich you cannot expect a private inividual to do.

Thats true I understand that, ok, lets take it a little bit further.

We see a car advertised on the road side, like the decription I have said, we chat to the owner, he says.

'Yeh, never had any problems with it, always starts the first time,never let me down'

The following day 'boom' would that be any difference?

atrixblue.-MFR-.

silkyuk9 wrote: »

Thats true I understand that, ok, lets take it a little bit further.

We see a car advertised on the road side, like the decription I have said, we chat to the owner, he says.

'Yeh, never had any problems with it, always starts the first time,never let me down'

The following day 'boom' would that be any difference?

no as this may be the case for him and has answered you query.

if you aske him.

what service history does it have and he says full dealer history and turns out to be part history then its not as described.

if you asked him does it have any mechanical engine faults and he says no then its not as described, you would have to have an independant reliable witness with you when you ask him these things like taking along a mechanic you know from a garage would be helfpfull or get him to write down to the best of his knowladge the car is in sound good running working order on the reciept.

gilbert_and_sullivan

Its one of those things, sounds like the OP bought a car that was on its last legs and quite possibly had some serious muck chucked in the box to shut it up for a few miles, but you have no proof and the likelihood of getting any recourse from someone of such a dishnourable manner would be remote.

If you reverse the situation and you are selling a car you know to be good, some chav comes along and buys it then takes his half wit mates drifting and wheelspinning round the car parks all weekend and destroys it then wants to return it 2 days later because it sounds like a bag of spanners.

I examine the seller as much as the car if i buy privately, if it waddles and quacks there's a fair chance it's a duck.

Things like this were better a couple of hundred years ago, you'd have slapped him round the face with your gauntlett and faced him on the common at dawn.

silkyuk9

gilbert_and_sullivan wrote: »

Its one of those things, sounds like the OP bought a car that was on its last legs and quite possibly had some serious muck chucked in the box to shut it up for a few miles, but you have no proof and the likelihood of getting any recourse from someone of such a dishnourable manner would be remote.

If you reverse the situation and you are selling a car you know to be good, some chav comes along and buys it then takes his half wit mates drifting and wheelspinning round the car parks all weekend and destroys it then wants to return it 2 days later because it sounds like a bag of spanners.

I examine the seller as much as the car if i buy privately, if it waddles and quacks there's a fair chance it's a duck.

Things like this were better a couple of hundred years ago, you'd have slapped him round the face with your gauntlett and faced him on the common at dawn.

Its not that at all. this is a common question that most people ask. have you read the thread, you will see my opinion regarding sales of private cars.

Al;so how do you know im not a cowboy thats selling them??

Now go back to sleep.