Faulty vehicle from private seller

Tweetiepie13

Hi, could anyone give me any advice on where my partner stands.
He bought a van off Gumtree. When he went to pick it up it was already running, and it looked and sounded like it was running fine, although he didn’t test drive it before handing over the money. He drove it 60 miles and then it started blowing out white smoke and oil coming out the exhaust.
He has got in touch with the seller and stated it is not fit for purpose and wants his money back. The seller says there was no problems with it when he took it, therefore not willing to refund, but the seller did suggest “sticking some oil in it and selling it on”!
Would my partner have a leg to stand on taking it to the small claims court, or is it a case of caveat emptor and be in favour of the seller?

The advert description of the van was...
“Rare 5 seater combi van, prefect for the money. Has has restrictor on it to 80mph never had any hammer. Needs new windscreen has got a crack init.MOT until april 2018. Brand new clutch” (sic)

Tweetiepie13

Just to add, a mechanic took a look at the van and said it was head gasket or piston rings and the seller would have known something was wrong.

Ectophile

My immediate thought is that there's nothing in the advert that says how good the engine is.

You have far fewer rights with a private sale, when compared with a dealer. That's why you need to inspect the vehicle properly before buying it.

pinkshoes

Get the mechanic to write a statement saying what is wrong, then let the seller know you have a report from a mechanic stating that the seller would have known something was wrong with it, so unless they give you a full refund you are happy to take it to court.

You might want to try calling his bluff...

How old is it? Mileage? What did you pay?

What is the history? How long has the previous owner had it?

The advert cleverly doesn't say it is in good working order!! It just says perfect for the money e.g. If cheap then a load of rubbish!

Warwick_Hunt

Tweetiepie13 wrote: »

Just to add, a mechanic took a look at the van and said it was head gasket or piston rings and the seller would have known something was wrong.

Time to have your mechanic look at it was before parting with the wonga.

ScorpiondeRooftrouser

Tweetiepie13 wrote: »

When he went to pick it up it was already running,

...so it doesn't start properly.....

Tweetiepie13 wrote: »

and it looked and sounded like it was running fine, although he didn’t test drive it before handing over the money.

..in a hurry, was he?

Tweetiepie13 wrote: »

The advert description of the van was...
“Rare 5 seater combi van, prefect for the money. Has has restrictor on it to 80mph never had any hammer. Needs new windscreen has got a crack init.MOT until april 2018. Brand new clutch” (sic)

Does it have a brand new clutch? If not, then that's a lie. I suspect it does though as I can't see why he would gratuitously lie about that when he has been careful with the rest.
I don't really see that he's said anything wrong there. People can't lie to you but there's no duty of disclosure. This is why you need to test drive things and ask questions.

Ectophile

Every now and then, there's a posting in these forums (usually in the Motoring forum), from the other side. Someone has sold a vehicle. Then a few days later, the buyer contacts the seller and demands a refund.

The advice to the seller is generally to refuse the refund, tell the buyer not to contact them again, then don't reply to any further emails, texts or phone calls.

Unfortunately, you only really have a case as a buyer if:

1. The seller lied about the vehicle.
2. The vehicle was unroadworthy, to the extent that it would be illegal to drive it away. Just being faulty isn't the same as unroadworthy.

Gavin83

As others have said you basically need to prove he lied about the vehicle. The advert is very carefully worded so as to avoid any comeback. Honestly given the wording of the advert and the fact it was already running when he arrived that should have been an indication something was wrong. To not take it for a test drive is madness.

One question, was the van cheap compared to others on the market? I'll assume by the post you made the answer is yes but I'll await a proper response.

You'll likely have to chalk this down to experience. You lose the majority of your rights when buying privately, hence why it's cheaper.