Private Purchase - Car has lots of hidden damage!

AnneGR

I recently purchased a car privately and paid via bank transfer.  The seller only disclosed one minor fault with the car which I was happy to repair as cost less than £20.  However, I have since been informed by a mechanic that the car has previously been in an accident and there is substantial damage which has been concealed.  For example, a headlight has been 'secured' using styrofoam and in it's current condition would not pass the MOT.  The cheapest quote to repair the damage is £700 and if I want it replaced with genuine parts it is £2k!  I have also learnt that there is damage to the back of the car, not visible to the untrained eye, that is going to cost a further £800-£1k.  The radio/sat nav also does not work properly.  Switches off after a few minutes and it has since been confirmed the whole unit is faulty. I asked the seller if the car had any damage and they confirmed there was not.   What consumer rights do I have for a private car purchase?  The seller must have known the damage and hence sold the car for a 'good' price.  Any help please???!!

tacpot12

Do you have a copy of the advert for the car, and does it claim to be accident-free? Is there anything else in the advert that turns out to be untrue? If not, then you don't have any rights. 
The quote to repair all the damage might be £700, or £2000 is genuine parts are used, but does all the damage need to be repaired? Clearly you need to repair enough so that the car will pass its next MOT, but it might be possible to do that for less than £700. 

ic

Assuming the seller won't offer a full or partial refund, I believe the onus would now be on you to prove the seller has been deceitful and claim money back in court.  How you go about that is another matter.  Its very possible the seller didn't know about the damage - how long have they owned the car?  When you say they sold for a "good" price - do you mean you got it cheap or you were overcharged?  Did you run any checks yourself on the car?  Mechanical, HPI etc?

Supersonos

AnneGR said:

I have also learnt that there is damage to the back of the car, not visible to the untrained eye, that is going to cost a further £800-£1k.  

Buyer beware!  If you're not sure of what you're looking at, you should ask a friend who is or pay a professional to give the car a once-over.

Unless you can prove the seller misled you (ie. lied in the advertisment, incorrectly answered your questions) then you're out of luck.

It's why I always buy from a main dealer.  You're paying a premium, but you're getting peace of mind.

Stubod

Limited rights if a private deal, there may be some options depending on how it was described in the advert? eg if it was described as "immaculate / perfect", then may be possible to claim something, but If not you are at the mercy of the "goodwill" of the seller, and assuming they already knew about these things then they are unlikely to be of much help.

I guess it depends on the actual value of the car as to whether it is economical to repair it, otherwise you need to view it as an expensive lesson in buying used cars from a private sale....

AdrianC

AnneGR said:

For example, a headlight has been 'secured' using styrofoam and in it's current condition would not pass the MOT.

https://www.gov.uk/guidance/mot-inspection-manual-for-private-passenger-and-light-commercial-vehicles/4-lamps-reflectors-and-electrical-equipment#section-4-1-1
The only way it'll fail the MOT is if it's insecure, or if the beam is pointing in the wrong direction.

How much pre-purchase inspection did you do?
What car, what age, how much?

AnneGR

Thank you all for your comments.
The ad just listed the details of the car - age, mileage, etc and then there was a section listed 'Faults' which was:

"Has front fog light blank missing (stolen) £15 

on eBay some scratches on wheels"

I did ask in an email if the car was accident free, registered at category s/n etc and the seller stated the car was accident free.  I did an HPI check and the car was clear.  The damage does need to be repaired.  The bumpers have been put together very badly and is going to take some work to get them off to get to the headlights which are completely loose so will definitely fail.  The cheapest quote I have is the £700 to repair which replacing any parts.  However, I have been told by 3 companies that because of how the bumpers have been sealed, there is a risk they might crack when taking them off, so the £700 could land up being a lot more.  

The seller has denied all knowledge of the damage as I did make contact about this.  The seller owned the car from new - for 9 years and I have had it 6 weeks.  The car is a 11 reg.

I have certainly learnt a lot of hard lessons through this!! I bought private as my funds were limited and I used a small amount of inheritance money I received to get a new car.  Was hoping there was some rights a private buyer but not holding my breath.  

macman

When was it MOT'd? Any advisories?

foxy-stoat

Advert cant be misleading and car cannot be dangerous, other than that no rights.

Get it repaired and enjoy it.

fred246

The first step is to try and get your money back from the seller. If you can't reach an agreement you would have to claim using the small claims court. In court there would be you, a judge and the seller. If you can prove that he has been the only owner then the seller must know it has been damaged in an accident. Judges are very good at spotting who is telling the truth. If you can show that he told you the car was in perfect condition then I think you would win. You would have to pay to get the car fixed and then 'gamble' the court fee, probably about £50. You would leave court either having the bill paid plus your £50 back OR you would end up having paid the bill plus lost another £50.

Mercdriver

fred246 said:

The first step is to try and get your money back from the seller. If you can't reach an agreement you would have to claim using the small claims court. In court there would be you, a judge and the seller. If you can prove that he has been the only owner then the seller must know it has been damaged in an accident. Judges are very good at spotting who is telling the truth. If you can show that he told you the car was in perfect condition then I think you would win. You would have to pay to get the car fixed and then 'gamble' the court fee, probably about £50. You would leave court either having the bill paid plus your £50 back OR you would end up having paid the bill plus lost another £50.

If only real life were as simple as the life in Fredworld