Second Hand Car From Private Seller

arcon5

I don't think you have many rights here.

If the seller denies knowing about the issue you would struggle to prove he did, thus proving the vehicle was not described correctly.

This is the risk you take when you buy private and Why a good inspection is needed before buying it

Trinitrotoluene

To be honest, I think you'd stand a good chance. As I understand the law, you are entitled to expect that the vehicle is roadworthy - with a removed thermostat it clearly isn't. As you discovered and had problems with it literally a week later I think you'd stand a good chance in Small Claims.

arcon5

How does a removed thermostat in itself make it unroadworthy?
Also if the guy denies all knowledge of it or claims it was there when purchased its gets more complicated

mattyprice4004

Trinitrotoluene wrote: »

To be honest, I think you'd stand a good chance. As I understand the law, you are entitled to expect that the vehicle is roadworthy - with a removed thermostat it clearly isn't. As you discovered and had problems with it literally a week later I think you'd stand a good chance in Small Claims.

No no no no no.

The thermostat being removed is not in itself something that makes the car unroadworthy - my old Rover had no thermostat as the garage who worked on it when the last owner had it were too dense to bleed the cooling system properly - does that make it unroadworthy? The car ran 100% fine, just the heater didn't get warm.

Also, you are not entitled to expect anything from a private seller. You are responsible for checking out the vehicle and make any assumptions as such, I've sold many of my cars needing major work and thus being unroadworthy. I did however indicate this to the buyer - was I acting against the law?

Caveat Emptor applies, you are incorrect. It is incredibly difficult to prove the seller knew about the faults and that they were there when the car was sold.

mattyprice4004

arcon5 wrote: »

How does a removed thermostat in itself make it unroadworthy?
Also if the guy denies all knowledge of it or claims it was there when purchased its gets more complicated

Not just more complicated - pretty much not worth fighting IMO. Far too risky.

Old_Ben

Although Matt you indicated to your buyers that work was needed. My seller did no such thing, even when asked. Surely I have some rights under English Law?

And surely a blown HG makes a car unroadworthy and definetly not as described.

Thanks again Chaps.

mattyprice4004

Old_Ben wrote: »

Although Matt you indicated to your buyers that work was needed. My seller did no such thing, even when asked. Surely I have some rights under English Law?

And surely a blown HG makes a car unroadworthy and definetly not as described.

Thanks again Chaps.

Technically you do, it's just proving it is going to be a nightmare with no guarantee. If I was in your shoes, I would honestly just use this as a (very expensive, admittedly) lesson, and have the car repaired.

I know it's a lot to stomach, but it's why if a family member is after a more expensive and reliable car I point them towards a dealer - you always have comeback should this happen.

I still maintain I don't think this is HGF. Granted, renewing the HG and waterpump etc may resolve the problem as it's normal to change other parts at the same time... but to me it just doesn't seem likely.

Here's the various modes of HGF and associated symptoms:

- Water jacket to cylinder. Result: Over-pressuring of cooling system, resulting in blown pipes / seals and ejection of coolant from header tank. In bad cases, hydrolocking can occur.

- Oil to water. Result: Oil in water (usually turns into a brown 'mayonnaise') and water in oil (same effect). Running like this can damage big end bearings and other parts.

- External water jacket to open are. Result: Water leaks externally from the cylinder head / block join. Usually only happens when a dodgy HG replacement has been done, or with a faulty gasket after replacement.

- Oil to cylinder (rare). Result: Blue / white smoke as oil is burnt off, excessive crank case pressure can also build up blowing oil seals etc.

- Cylinder to cylinder. Result: Awful running, feeling lumpy as less than normal power is generated in the affected cylinders. On the ignition cycle, instead of driving the piston down the cylinder as intended, some of the combustion products vent to the neighbouring cylinder. Noticeable roughness at idle and when under load are prevalent symptoms.

I don't think yours fits any of these, I'd say the problem was elsewhere.

Took a long time to write that post...

vaio

Old_Ben wrote: »

Although Matt you indicated to your buyers that work was needed. My seller did no such thing, even when asked. Surely I have some rights under English Law?

And surely a blown HG makes a car unroadworthy and definetly not as described.

Thanks again Chaps.

Forget roadworthy

The only way this is going anywhere is is you can convince a judge (balance of probabilities rather than beyond doubt) that the previous owner knew there was a problem and removed the thermostat to disguise it.

Old_Ben

The fact that he lied when questioned and hung up on me when I called???

wealdroam

Old_Ben wrote: »

The fact that he lied when questioned and hung up on me when I called???

Then as Vaio said in the post before yours, all you have to do is convince a county court judge that that is the case.