Faulty car off Facebook

sking007

Afternoon,

firstly this is not my purchase it’s someone else’s. However I wanted to know if any rights privately buying a car off Facebook privately.

mot was done 5 months ago with little to no advisory’s at point of sale.

a week later car has packed up and apparently has a multitude of faults. To the point of nearly being a right off.

does my friend have any rights? I would imagine the garage is in on it to issue such a loose mot.

abs I know what some are going to say, but I’m not the one who bought it.

Grumpy_chap

The dates are not clear (to me anyway).
When was the MOT?
When was the car purchased?
When did the car breakdown?

sking007

Sorry.

mot is November
purchased last monday
broke down today 

m0bov

Private sale, MOT not relevant. Buyer be aware.

sking007

If that’s as open and shut as that then thanks. 

RobM99

What was the nature of the breakdown?
An MOT pass is just a safety check in reality.

sking007

I’m getting those details. All I’ve heard is it’s riddled with faults so far. And unsurprisingly the seller is telling my friend to get lost.

Aylesbury_Duck

We'd need to know the exact wording of the facebook advertisement.  A private seller shouldn't mislead potential buyers, so if the advert says it's in road-legal shape and it demonstrably isn't, then that gives an opening.  If the advert claims good condition of something that is obviously a faulty part, or if your friend asked questions that were answered dishonestly, then there are options, but it might not be an easy route to getting a refund and might be unsuccessful.

The MOT from five months ago is irrelevant, it just shows the car was legal and safe on that date, it's not a guarantee of condition for 12 months.

MalMonroe

Hi, this is what Citizens Advice says about problems with cars bought from private sellers (including those on Facebook) -

https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

Worst case scenario, your friend could take them to court but first, should send a letter to the seller letting them know that your friend has rights under the Consumer Rights Act 2015. 

If your friend is worried that a fake MOT has been issued, they should report the matter without delay, in order to prevent this kind of thing happening to other motorists.

https://www.gov.uk/guidance/report-an-mot-tester

It's a bit late for your friend now but I would never ever buy a used car from a private seller, whether they are on FB, Gumtree, eBay or any other kind of site. With a dealer/trader you have far more protection. And also if you put some of the payment on a credit card, there's added protection under Section 75. A private seller can (and often will) just turn around and say something like "prove it" - and it's very difficult to do so.

Ath_Wat

Facebook must be in trouble if they are selling used cars now.

However, if he didn't actually buy the car off Facebook, but just made contact with the person he bought the car off via Facebook, it's just a private sale just as if he saw an advert in the classifieds of the local paper, for those who remember them. It's between him and the seller, and between November and now not only could a lot have gone wrong with an old car, but I would almost expect a lot to have gone wrong with an old car.  Especially as they had just decided to sell it.

Gavin83

MalMonroe said:

Hi, this is what Citizens Advice says about problems with cars bought from private sellers (including those on Facebook) -

https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

Worst case scenario, your friend could take them to court but first, should send a letter to the seller letting them know that your friend has rights under the Consumer Rights Act 2015. 

Where does it say on that link that the advice is for buying cars from private sellers? You don't have consumer rights against a private seller so most of this doesn't apply. The only requirement for a private seller, as mentioned by Aylesbury_Duck is that they can't be dishonest.

So OP, what is the nature of the breakdown and what did the original advert say?

Overall though this is likely to be difficult to pursue. You get far less rights in a private sale compared to buying from a dealer.