Private car sale, Buyer rights, Ford with TCM fault.

n217970

majnov wrote: »

So every private sale can go through the same scenario, "it was all ok till I sold it", hard to prove otherwise

You choose to save money by buying privately. If you wanted some comeback you should have bought from a dealer for more money. You took a gamble and lost - although by the time you have changed the part over I would say you are still quids in unless you start chucking money away chasing the seller.

markudman

Wow Brought a car with no MOT, (not road worthy until proved otherwise) and a cat D,
this is very much buyer beware, no guarantee, but sold as seen is not a point of law anymore. see this link.
https://www.ebay.co.uk/gds/Sold-as-seen-as-is-no-returns/10000000002394120/g.html
Can you get the Fault history from the car IE:
how many times the fault has occurred,
when (date) the fault first Occurred, this can be the prove you need,
and tell you if the fault started while you were driving it or before that.
Not sure if IDS can do this, I have a lot of dealer Diag tools, but not IDS.

custardy

majnov wrote: »

@GeorgeMichael Right. I do have messages through the app and SMS as the proof that the seller described the car in a mint condition while has been asked about any mechanical faults or warning lights.

and you bought a car with no warning lights and no noted faults?
I once sold a car after it had been to the dealers for diagnostic work and replacements parts.
It broke down the day after sale with an unrelated electronic fault.
Buyer contacted me,I offered technical advice and that was the limit of my input.

You say this fault cannot just happen. I would argue you will struggle to prove that.

Herzlos

Whilst it's possible they knew; it's also possible they didn't. They might never have driven in a way to trigger it, or it's been unused for a while. You Also test drive and we're happy when you paid.

So you can ask, but the seller is perfectly entitled to ignore you or tell you to sod off.

Your only option is to prove they were a dealer, but it doesn't sound like they are.

At the end of the day you bought a cat d with no MOT. You're lucky that's all that's wrong with it.

Geodark

Faults can unfortunately happen at any point during a cars life time, and remember every fault must have had a "First Time" so yes it is possible for him to have sold you the car and the fault has developed after you have bought it.

bigisi

Geodark wrote: »

Faults can unfortunately happen at any point during a cars life time, and remember every fault must have had a "First Time" so yes it is possible for him to have sold you the car and the fault has developed after you have bought it.

Something tells me this is going to be one of those OPs who won't accept that.

System

markudman wrote: »

but sold as seen is not a point of law anymore. see this link.
https://www.ebay.co.uk/gds/Sold-as-seen-as-is-no-returns/10000000002394120/g.html

It absolutely IS a point of law for PRIVATE SALES. It no longer applies to commercial sales to a private individual and hasn't for some time.

If you actually READ THE CONTENTS of the link you posted you'd see in the FIRST LINE:

"Many rogue traders use these terms when selling something that is duff, defective etc..."

Traders, people selling as a business. Not private sellers.

https://www.which.co.uk/consumer-rights/advice/the-second-hand-car-i-bought-has-a-problem-what-are-my-rights

You have fewer rights when you buy a used car from a private seller, and key parts of the Consumer Rights Act don't apply. For example, there is no legal requirement for a car to be of satisfactory quality or fit for purpose. If you're buying from a private seller, the onus is on you as the buyer to ask all the right questions before making the purchase. The seller doesn't have to volunteer extra information so, if you don't ask questions, you may not have the full picture of the car's history or be aware of any potential faults.

AdrianC

A quick google suggests that, even with the Cat D history, a more typical price would be around £4500.


So, given that the legal comeback tempers rights by price, age and apparent condition, we're talking about a car that's 2/3 of the open market price.


Sorry, but I think this is the price you pay for apparent "bargains"...

jimjames

majnov wrote: »

So, if seller genuinely did not know about the fault then he should ask me about the problem and share the costs of the repair but the seller is trying to wash his hands of the problem.

If I sold a car that broke down afterwards I certainly wouldn't pay anything towards the repair. Private sale, your risk. Next time buy from a garage if you want a warranty

markudman

Tarambor wrote: »

It absolutely IS a point of law for PRIVATE SALES. It no longer applies to commercial sales to a private individual and hasn't for some time.

If you actually READ THE CONTENTS of the link you posted you'd see in the FIRST LINE:

"Many rogue traders use these terms when selling something that is duff, defective etc..."

Traders, people selling as a business. Not private sellers.

https://www.which.co.uk/consumer-rights/advice/the-second-hand-car-i-bought-has-a-problem-what-are-my-rights

You have fewer rights when you buy a used car from a private seller, and key parts of the Consumer Rights Act don't apply. For example, there is no legal requirement for a car to be of satisfactory quality or fit for purpose. If you're buying from a private seller, the onus is on you as the buyer to ask all the right questions before making the purchase. The seller doesn't have to volunteer extra information so, if you don't ask questions, you may not have the full picture of the car's history or be aware of any potential faults.

'Sold as seen' is innapropriate unless youve visually inspected the item which is unlikely, even then it only have moral and pehaps ethical standing, not legal

Rejecting a second-hand car
If there's a problem with a second-hand car soon after you've bought it - for example, the car develops a problem you wouldn't expect for its age and mileage, or it turns out not to be what you’d been led to expect - you May have the right to reject it and get your money back. this is a well known Fault on this car and if you research you'll know that. so sorry, your wrong.