Private car purchase - does my son have any rights if car is faulty?

paul7953

Hi

My son (17) bought his first car last week privately, after checking over car and carrying out the usual checks, he parted with his hard earned money.
He asked the seller if the car had had any major mechanical work done, head gasket repair, water pump, etc, to which the owner said everything was in good condition and that the car had just been MOT'd and had a health check done, had been well looked after and was in VGC.

Well, within 20 miles of driving off sellers drive the coolant temperature alarm registered in red on the dash and again at 45 miles. Water level dropped in expansion bottle and boiling over.
Contacted previous owner immediately, they were surprised.
Initially thought water pump problem, however following day RAC said head gasket had gone.

Returned car back to seller following day, within 36 hrs. via RAC.

Owner says his driving might have caused head gasket to blow, they have since offered to have car repaired but are not willing to refund the money. No choice offered.

We have since found out that the water pump was changed prior to car being sold, and there was evidence of metal deposits in water pump.
There is also evidence that rad weld was used to repair radiator or water pump leak.

What rights do we have as the buyer, bearing in mind we were told the car under assumption it was in VGC and had been well looked after.

Can we insist on having our money back in full, or do we no option other than to have the car repaired and take on more problems later down the road, when they surface!

Your help and advise would be much appreciated.

Thanks

Paul

custardy

Its a private sale. snap their hands off at an offer of repair

Levi-

As above - 'sold as seen' - they really don't have to do anything I'm afraid.

Buzby

Agreed. If you wanted security you would have gone to a garage and paid considerably more. Their offer of a repair should be welcomed and it is true that your sons driving style may have exacerbated the issue which would not be aparrent to the seller. Take it to his nominated repairer and ask if there's anything else they see that might cause an issue later.

pitkin2020

Second hand car bought privately
You have fewer rights when you buy from a private seller and key parts of the Sale of Goods Act don't apply – there is no legal requirement for a car to be of satisfactory quality or fit for purpose.
But, legally, the seller must:
accurately describe the second hand car (for example, an advert must not say 'one owner', when the car has had several)
not misrepresent the second hand car (tell you something about the car which isn't true – such as if it’s been in an accident, the owner must answer truthfully).

Now whilst that is true the BIG issue is proving it!!! If the seller did infact have work done and told you he didn't can you prove it??

Either way if the seller is refusing to budge then the small claims court is your only option and you would have to weigh up is it worth it.

paul7953

Hi All

Many thanks for your feedback, your answers are very much as I thought and in fairness to the seller, I thinks the offer made by them is very considerate and decent of them in the circumstances.

Thanks for your comments.

paul7953

footyguy

paul7953 wrote: »

Hi

My son (17) bought his first car last week privately, after checking over car and carrying out the usual checks, he parted with his hard earned money.
He asked the seller if the car had had any major mechanical work done, head gasket repair, water pump, etc, to which the owner said everything was in good condition and that the car had just been MOT'd and had a health check done, had been well looked after and was in VGC.

Well, within 20 miles of driving off sellers drive the coolant temperature alarm registered in red on the dash and again at 45 miles. Water level dropped in expansion bottle and boiling over.
Contacted previous owner immediately, they were surprised.
Initially thought water pump problem, however following day RAC said head gasket had gone.

Returned car back to seller following day, within 36 hrs. via RAC.

Owner says his driving might have caused head gasket to blow, they have since offered to have car repaired but are not willing to refund the money. No choice offered.

We have since found out that the water pump was changed prior to car being sold, and there was evidence of metal deposits in water pump.
There is also evidence that rad weld was used to repair radiator or water pump leak.

What rights do we have as the buyer, bearing in mind we were told the car under assumption it was in VGC and had been well looked after.

Can we insist on having our money back in full, or do we no option other than to have the car repaired and take on more problems later down the road, when they surface!

Your help and advise would be much appreciated.

Thanks

Paul

I know nothing about cars, but isn't one of the most basic checks anyone does when buying a second hand motor to take it for a test drive?
One that would be long enough to at least warm the engine up properly and check it didn't boil over?

As I know nothing about cars, I would always get an expert to give a used motor the once over before I parted with my hard earned cash for it.

custardy

footyguy wrote: »

I know nothing about cars, but isn't one of the most basic checks anyone does when buying a second hand motor to take it for a test drive?
One that would be long enough to at least warm the engine up properly and check it didn't boil over?

As I know nothing about cars, I would always get an expert to give a used motor the once over before I parted with my hard earned cash for it.

few people do 20 miles on a test drive. I used to have an old car wth a corroded rad. it was fine on town driving with the cooling fan, but would overheat on the motorway.

cootuk

Is it a genuine private seller, or a part time dealer who pretends to be a private seller to avoid warranty work? (ie do they have more cars for sale or an internet history of lots of sales).
Rather generous of a private seller to offer a repair so could be a dealer trying to do a cheap repair to get rid of you.
If you can show they are a dealer then push for a refund.

Do you have a copy of the advert? Even a private sale should be properly described. Small claims might be a nightmare proving condition vs age of vehicle.

If not too expensive then maybe this is a valuable lesson for your son!