Second hand car nightmare

arcon5

nazarineo wrote: »

i would guess that citizens advice would probably be the next best step , and defining if he voids all his responsibility by stating that it was a private sale , i believe the definition of private sale is one private individual to another ,it isnt easy to find that answer online in the uk which is suprising as i found it quite easily in citizens advice for new zealand !
"The dealer won’t take responsibility for the faults in the car he sold me, because it was sold on behalf of a private individual. What are my rights?

When the sale of a vehicle has been arranged by a motor vehicle trader, even if the trader is selling it to on behalf of a private individual, you have the same rights as you would if the trader is selling a vehicle they own. The trader can’t refer you on to the previous owner and tell you it was a private sale.

This means that if the car turns out to have faults soon after you have bought it, and the trader had not disclosed them to you before the sale, you are entitled to have the problem remedied (see the previous question) – and it is the trader who is responsible for fixing problem, not the individual on whose behalf they are selling it"
if only i lived there

What nonsense. If they are nothing more than acting agents they have no liability to a contract they are not party to.
In the same way I can't sue the letting agency if the landlord doesn't fix my boiler

arcon5

Although in this instance, it all sounds very dodgy. Not sure how they can argue they acted as agents for a private individual when the vehicle was registered to a business.

Go to the business and tell them you've been informed the contract is between you and them with the other garage as mere agents and as such you want THEM to fix the issue.
They'll refuse, but it'll stir things up a little and you might start getting somewhere.

nazarineo

Do you need a seperate license of some sort to sell campervans / motorhomes as opposed to cars ? as i cant understand otherwise why the need to have someone else sell the vehicle for him

wealdroam

nazarineo wrote: »

Do you need a seperate license of some sort to sell campervans / motorhomes as opposed to cars ?

No you don't.

arcon5

nazarineo wrote: »

Do you need a seperate license of some sort to sell campervans / motorhomes as opposed to cars ? as i cant understand otherwise why the need to have someone else sell the vehicle for him

Nope. And neither can I. It all sounds very dodgy to me!

I suspect the car is in fact a part exchange and they wanted rid quickly with no comeback knowing they'd get nothing at auction and probably overpaid on it

jblessing

Please, please, please stop buying cars in this price range from dealers. Bear in mind they have to make a profit, you are probably paying £500 - £1000 over the odds when buying from a dealer, You are not going to get a better car than if you bought privately, nor have you got any better peace of mind., they have just bought it in and (if anything at all) done the absolute minimum in order to shift it. Sure, you have more consumer protection, but it is going to cost you a lot of hassle (and some money) to try and seek redress.

Learn the basics of inspecting a car (it's not difficult), or take someone more knowledgeable or even pay a mechanic or the RAC to do an inspection, and put aside the money you have saved to pay for any faults that might crop up.

naedanger

nazarineo wrote: »

Do you need a seperate license of some sort to sell campervans / motorhomes as opposed to cars ? as i cant understand otherwise why the need to have someone else sell the vehicle for him

No, I very much doubt it. If I owned a campervan I am fairly certain there is no law preventing me (directly and without an agent) from selling it to someone else. However there would also be no reason to prevent me from using an agent to sell it. And there are plenty of legitimate reasons for using an agent - e.g. an agent may get a better price by being a better negotiator, the owner may not have time to show people the vehicle etc.

That said in your partner's case it all seems very dodgy, as others have said.

If the garage was acting on behalf of a private individual then they should have made this clear from the start according to the following article (which I hope is reliable):

http://www.norfolk.gov.uk/view/NCC093991

The article also says:

"Other duties of an agent

Where a business acts as an agent for a seller, it must make sure that any descriptions are accurate.

The agent owes a duty of care to the buyer. If you are acting as an agent, you should answer the buyers' questions truthfully and you should pass on any information given by the seller. However, if you have any doubt about any information given by the seller, you should take further steps to check its accuracy. If you do not know the answer to a question, find out from the seller — do not guess.

The agent does not have to disclose the identity of a private seller before a sale is made. However, if a problem arises, the agent may then need to disclose this information so that the buyer can make a
claim against the seller. If the information is withheld, then the buyer will be entitled to make a claim against the agent as if they were the true seller.

If the agent is acting on behalf of another business, then the identity of that business must be disclosed to the consumer before any sale is made. "


Personally (subject to checking with Citizen's Advice), I would speak to the garage (i.e. the supposed agent) and ask for the identity of the private seller. If the information is withheld or the agent is acting on behalf of another business (which was not disclosed to your partner before the sale) then I would hold the garage liable, as having not acted with a duty of care to me (the buyer).

I agree with the suggestion that has already been made, that you (or your partner) should speak to Citizen's advice as it seems quite a tricky situation. I don't see any harm in asking the garage for the name of the seller meantime. (I know you have this information already, but it would better having the answer from the "agent", so there can be no dispute later. In addition I believe the v5 does not necessarily show ownership, but rather the name of the keeper. So the garage might argue its name is on the v5 because it has been keeping the vehicle for the owner.)

naedanger

bris wrote: »

It wouldn't hold up if he was making commission from it and it was done on a regular occurrence.

I don't agree with this point. As far as I am aware there is nothing to prevent agents being paid commission, indeed I would have thought it was a common practice. Nor am I aware of anything limiting the amount of agency business a motor trader does.

I think the key point is whether the agent acted properly e.g. fully disclosed they were acting as an agent from the start, and complied with their duties of care to the buyer etc.