Private car seller misrepresented car

caprikid1

"I do think you have a case under the "damages" section so you could get the car fixed and claim compensation for this. No need to unwind the contract."


Ultimately it's not what you or I think it's what the court will think.


He may win he may lose. Maybe all of those who are convinced he has a case will chip in to cover the cost of your time, court fees etc.


If the Seller offers to take the car back and refund the money then he will be in an even weaker position that he is now if he goes to court.


OP, if you do decide to go ahead please please , keep the thread updated and us informed. There is a clear divide on this thread that only the law will decide.

DoaM

caprikid1 wrote: »

There is a clear divide on this thread that only the law will decide.

It'll be interesting but won't solve the debate. SCC judgments are not binding on any other court. They may be persuasive for other claims, but a judge can ignore other SCC judgments.

caprikid1

DoaM wrote: »

It'll be interesting but won't solve the debate. SCC judgments are not binding on any other court. They may be persuasive for other claims, but a judge can ignore other SCC judgments.

I don't think there is much to debate.


I think on the whole we all think the seller has made an error in the listing whether deliberate or accidental is largely irrelevant from the courts perspective.


The question is if 100 such cases went before the courts what would the outcome be, I and many other believe the vast majority would be in the sellers favour. We know court cases of this type are always "On the day".

tacpot12

caprikid1 wrote: »

So you bought a 2003 Mini Cooper which you inspected in the dark ? You now wish the Seller to fix two oil leaks because they mistakenly claimed there were none.

You then took it to a Mini main dealer to have it fully inspected. If a court rules in your favour I would be amazed. ...

The courts often make surprising decisions. A wise defendant will settle out of court if there is a reasonable risk that the court might go against them.

Gavin83

caprikid1 wrote: »

The question is if 100 such cases went before the courts what would the outcome be, I and many other believe the vast majority would be in the sellers favour. We know court cases of this type are always "On the day".

And many others, including myself believe in the vast majority of cases they'd rule in the buyers favour. Seems fairly 50/50 in this thread. I guess there's only one way for the OP to find out for sure.

caprikid1

I think I have found the car.


GOOD LUCK OP


https://www.ebay.co.uk/itm/Silver-Mini-Cooper-1-6-2003-LOW-MILEAGE-Cat-D-fully-repaired/132846726494?hash=item1eee482d5e:g:EpwAAOSwtMNbvy4u

caprikid1

Gavin83 wrote: »

And many others, including myself believe in the vast majority of cases they'd rule in the buyers favour. Seems fairly 50/50 in this thread. I guess there's only one way for the OP to find out for sure.

Unfortunately for all us keyboard warriors, if the car is the link I posted I cannot see this being funded through to the point of enforcing a result even if he gets judgement in his favour.

lincroft1710

OP paid £750 for it!

caprikid1

lincroft1710 wrote: »

OP paid £750 for it!

But I am going to sue the Seller for a £1000 to fix the oil leak after I took it to a mini specialist to give it a thorough check and let me know of any issues.:rotfl:

PDC

It doesn't sound the same car based on posts in the Ops other thread about this but with two threads running at the same time who knows, maybe there are two different cars with leaks?