Purchased car from private seller. Seeking damages

Gmrides

“
Purchased a used Mini Cooper from a private car seller who in his eBay advert specified "NO oil leaks"

2 days later I took it to an official Mini repair centre for a free health check where they discovered that the car had two major oil leaks, one from the engine and one from a power assisted steering pipe.

I contacted the seller to request that he either take the car back or pay towards the cost of oil leak repairs, both of which he declined. I suggested that he was in breach of the 1967 Misrepresentation Act and that I would be taking him to small claims court for a resolution, which I'll be initiating soon. My case appears strong as I have copies of the eBay advert which I'll be using as evidence.

I'd quite like to keep the car once repaired but am not sure if having the car repaired before the court case (where I'd then be claiming back the cost of repairs plus court fees) would harm my case or not. Could anyone please shed some light on this?

Many thanks

Scrapit

Private sale? No chance.

forgotmyname

You think the case is strong then you cannot lose. Although if the sellers asks us if they will lose then they will be told no also.

Only one will be victorious.

[Deleted User]

https://forums.moneysavingexpert.com/discussion/5929154/private-car-seller-misrepresented-car

good luck with the campaign;)

sticking to one thread would have been sensible as would checking the car before buying rather than after.

Craig1981

sold as seen - buyer beware - unless the ebay specialises in selling cars and deemed a trader , slim to none to get anything back

if it had MAJOR oil leaks, you would have surely seen something to this effect before purchasing it??

DUTR

Gmrides wrote: »

“
Purchased a used Mini Cooper from a private car seller who in his eBay advert specified "NO oil leaks"

2 days later I took it to an official Mini repair centre for a free health check where they discovered that the car had two major oil leaks, one from the engine and one from a power assisted steering pipe.

I contacted the seller to request that he either take the car back or pay towards the cost of oil leak repairs, both of which he declined. I suggested that he was in breach of the 1967 Misrepresentation Act and that I would be taking him to small claims court for a resolution, which I'll be initiating soon. My case appears strong as I have copies of the eBay advert which I'll be using as evidence.

I'd quite like to keep the car once repaired but am not sure if having the car repaired before the court case (where I'd then be claiming back the cost of repairs plus court fees) would harm my case or not. Could anyone please shed some light on this?

Many thanks

I wonder what an outfit like KF may have discovered on their free health check?
A major oil leak would have been obvious to you when inspecting the car.... I'm on the understanding that mini s have electric power steering, so not sure about a power steering oil leak that is major (not that they don't suffer steering issues) .
You may have to ask yourself, what made you go for that particular Mini over the other many that you looked at?

foxy-stoat

Good luck and do report back with results.

I believe the act would apply if you bought an Austin Mini and he advertised it as a BMW Mini. The issue you will have is would a reasonable person know this had an oil leak or 2 - you didnt know when you looked at it with a view to buying it - the seller (if private) may not of known.

Aylesbury_Duck

foxy-stoat wrote: »

Good luck and do report back with results.

I believe the act would apply if you bought an Austin Mini and he advertised it as a BMW Mini. The issue you will have is would a reasonable person know this had an oil leak or 2 - you didnt know when you looked at it with a view to buying it - the seller (if private) may not of known.

^^ Indeed. If it needed you to take it to an official Mini repair centre to spot the leaks, then there's a chance the seller didn't know about them. As foxy-stoat says, it will come down to what's reasonable.

AdrianC

Gmrides wrote: »

I'd quite like to keep the car once repaired but am not sure if having the car repaired before the court case (where I'd then be claiming back the cost of repairs plus court fees) would harm my case or not.

If you get the car repaired, then there is no provable leak. All you have is the word of a garage who you have hired, against the word of the seller.


What age of Mini are we talking about? What value? It's not a newish car, because the more recent models don't use hydraulic steering.

It's entirely possible that the cost of sorting the leaks could outweigh the value of the car. If the engine oil leak requires the engine to come out, and the power steering leak requires a new rack or pump, then the cost could easily be into four figures. And that's before we consider the elements of betterment and loss-mitigation.

The most likely outcome of a successful court case is the difference in value between the car with leak and the car without leak. Put a number on that. (I'd suggest that number is nearer one digit than four digits.)

TuppenceWorth

Wow...just WOW!

Seller was not aware of leaks. You found no leaks when you collected the car.

It's a private sale. You had the option of paying for an inspection before purchase.

IMO you have no chance.

The only thing worthwhile to do would be to investigate that it is indeed a private seller and not a dealer trying to shirk responsibilities.

Rotor

OP - It's not enough to show the court that the description that says the car has no oil leaks when it has leaks. You are not being deliberately mislead unless (which is what is required) you can show the seller most likely knew about the leaks ('balance of probability), and remember, you didn't spot them when you picked the car up either.

If the MOT's had an advisory about the leaks or you can find the garage where it was serviced and these showed an advisory about them then you have a good case , otherwise not.