Car Private Seller Problem

Joe_Horner

thistledome wrote: »

This is true, but try getting someone to act on it. I bought a car in a private sale which was dangerously unroadworthy (badly repaired accident damage). The police didn't want to know, a lawyer who specialised in motoring cases didn't want to know. I couldn't afford to take action myself so I just coughed up for the repairs to be done properly and learning a lesson cost me £800.

You'll find it very hard to get the police to act (unless it's involved in an accident as a result, in which case it's your licence on the line!)

But it does give good grounds if the OP decides to try through small claims. Basically, if you can't sell it legally then the sale itself is void and should be found in her favour if she can satisfy the court that it wasn't roadworthy. She could also try for the other repair costs back as direct losses because of the void sale

missile

einalem wrote: »

Thanks for all the replies :A

On the upside I can't afford a new car and am trying to look on the bright side. I graduate soon and start work so can save up and buy a nice car :j ............however I will be doing a lot more research this time!

I am pleased to hear you are thinking positive.:T

If I may suggest, next time get an AA / RAC inspection before you buy a low mileage car from a reputable dealer.

Good luck with your graduation and hope you find a job.

mcc100

einalem wrote: »

heres the advert bits that state about condition:

"THE CAR ITSELF HAS A FANTASTIC ENGINE VERY SMOOTH AND CANNOT SEE ANY PROBLEMS ARISING FOR A LONG TIME AS IT IS WELL BELOW AVERAGE MILES FOR AGE

THERE ARE NO LIGHTS ON DASH THAT SHOULD NOT BE THERE ALL ELECTRICS FINE NO PROBLEMS

MECHANICALLY THE CAR RUNS GREAT"

Alarm bells immediately........ anyone selling a genuine car with no problems would not feel the need to try to cover themselves in this way.

atrixblue.-MFR-.

reading the add snippet i would have stayed away from it knowing if its sounds too good its too good to be true.

if the mention of we paid £400 to have the steering done on it and only bought it a month a go i would be thinking OK if its so good then why sell it? youve just repaired it!.

it screems walk away im a money pit my owners cant affiord to fix so their selling me.

and unfortunatly you bought it.

if it went duff on way home then you ay have had recourse. but weeks down the line is just not going to get you anywhere but frustrated.

pendulum

einalem wrote: »

3 weeks later horrible noise……..few more days later broke down………AA towed me to garage. Needed new clutch and gearbox…….paid this approx £580.

Maybe if you hadn't kept driving it until it broke down the damage would be less...

I used to have a link to a good thread on here. It was about the legal judgements between dealers and customers. Many of the judgements sided with the trader even though a customer bought a car and had problems very shortly afterwards; why? Because the car was old and cheap, problems are expected. I'd imagine you'd have even more of a struggle against a private seller. Their description, to me, doesn't prove they lied either; the car was a good runner at the time they sold it, as you didn't notice any problems immediately.

hartcjhart

tough one this, but it could be worth a punt with the small claims court especially if the 'experts' will give written evidence that the faults would have existed before purchase,
how much does it cost to start an action? and how much will you lose if you just walk away?an advert is an advert wether you purchased via ebay or not.
tell the seller unless they refund your money OR pay for the repairs then you will start legal action,it might just work,its surprising what happens when court doc's land on the mat

Flyboy152

Joe_Horner wrote: »

What does the garage mean about "wrong arms" on the suspension? How "wrong" and how do they know? That could potentially make the car unroadworthy, in which case it becomes a criminal offence (ie: nothing to do with SOGA) for the seller to have sold it without making the fact it was unroadworthy clear to you.

There is no "ignorance" defence to that charge, and a valid MOT isn't a defence either - although, if she could demonstrate that it passed an MOT AFTER they were fitted it might be acceptable.

It would have to proved that he seller was aware of the defects.

getmore4less

how long had this seller owned the car

who was the previous owner.

any connection?

Joe_Horner

Flyboy152 wrote: »

It would have to proved that he seller was aware of the defects.

No it wouldn't. S.75 of thr RTA 1988 makes it a strict liability offence, regardless of whether the seller is trade or private.

There are two statutory defences available:

(a)that it was supplied or altered, as the case may be, for export from Great Britain

(b)that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used,

Neither of those allow for the seller "not knowing there was a fault".

Defence (b) is also not available to traders unless they can demonstrate that they took all reasonable steps to make sure the buyer was aware that using the car would be unlawful.

On the other hand, SS.7 of the same section (which I hadn't noticed before) gives that "Nothing in the preceding provisions of this section shall affect the validity of a contract or any rights arising under a contract" so I guess it could be argued that the sale, while illegal, was still a valid contract.

That might raise an absurdity, which the courts would have to rule on, but I suspect they'd tend to favour the buyer if the seller seemed to have acted unreasonably elsewhere (like describing a car that's about to explode as in excellent condition).

fivetide

Premier wrote: »

You agreed to buy a £700 banger outside ebay (thereby defrauding ebay of their rightful fees)

That's a bit harsh.

The OP states "advert" It could well have been a classified advert with best offer so eBay do not get a final fee and the OP has defrauded them of nothing.

5t.