Faulty Car

RubyI

I recently bought a car from a friend - all agreements were made word of mouth. I was told the cambelt had been replaced, but the full extent of the damage was not explained. The timing chain had gone whilst the car was running which resulted in further damage. I have had the car for a month, I had to get the 2 back tyres changed after a week and have had the oil filled up 4 times and it keeps draining and I spoke with the original mechanic who changed the timing chain who is concerned that there may be very serious engine damage. What are my right regarding covering the costs of fixing the car/returning it to the original owner?  

DullGreyGuy

Presumably your friend isnt a car dealer?  If not then your rights are minimal and even more reduced on the basis you cannot even substantiate what condition they said the vehicle was in

Ayr_Rage

You have no consumer rights as a private buyer and cannot return it for a refund.

It was sold to you "as seen" and even if you had a receipt that would not confer any extra rights unless they obviously misrepresented its condition in writing, proving anything on a verbal contract is very difficult.

As for the costs, all you can do is speak to your friend and see if they offer you any goodwill.

4justice2

Private sale, minimal rights. Depends how it was described....did you not check the rear tyres before buying?

Aylesbury_Duck

RubyI said:

I recently bought a car from a friend - all agreements were made word of mouth. I was told the cambelt had been replaced, but the full extent of the damage was not explained. The timing chain had gone whilst the car was running which resulted in further damage. I have had the car for a month, I had to get the 2 back tyres changed after a week and have had the oil filled up 4 times and it keeps draining and I spoke with the original mechanic who changed the timing chain who is concerned that there may be very serious engine damage. What are my right regarding covering the costs of fixing the car/returning it to the original owner?  

Taking these bold points in order:

1. It didn't need to be.  If the cambelt was replaced and the car is in working order, there's no obligation for the seller to give all of the details of the original fault unless you specifically asked him/her.  Did you?

2. Why?  If they punctured or similar, that's just bad luck.  If they were below the legal limit, did you not check that before buying?  The onus is on you to ensure your car is safe to drive, tyre condition is a basic requirement that doesn't need any mechanical knowledge.

3. Do you know why this is?  This is perhaps the only point on which you might have some comeback, but even then, as pointed out by others you have few rights in these circumstances.  An old car with many miles on the clock might expect to lose a little oil regularly.  What's the make, model, age, mileage and price of the vehicle?

Alderbank

The reason why you had to get the 2 back tyres changed after a week is important.

As above, you have few rights when buying from a private seller but the car must be roadworthy, ie it must meet the legal requirements for being driven on public roads. Was the car legal to drive when you agreed the sale?

DullGreyGuy

Alderbank said:

you have few rights when buying from a private seller but the car must be roadworthy, ie it must meet the legal requirements for being driven on public roads. Was the car legal to drive when you agreed the sale?

Which law states a private sale car must be roadworthy?

Clearly if its described as such then it should, but even that would be only to the extent Jo(e) Public can reasonable assess it to be, but never heard of a law saying a private seller cannot sell a non-runner etc

Alderbank

Fair call.

I used a site which claims to give legal answers 'from lawyers' but doesn't actually give provenance (bit like Wikipedia)
https://www.rocketlawyer.com/gb/en/family-and-personal/buy-and-sell-goods/legal-guide/returning-a-used-car#:~:text=30%20days%20to%206%20months,the%20seller%20can%20prove%20otherwise.

Buying a used car from a private seller
When you buy a used car from a private seller as opposed to a registered dealer, key parts of the Consumer Rights Act do not apply. For example, there is no legal requirement that a car be of satisfactory quality or fit for purpose. The seller must accurately describe the car in any advertisements and not tell you something about the car which isn’t true. The car must also be roadworthy and the seller must have the legal right to sell it to you. 
In other words, the car must work, meet the legal requirements for being driven on public roads, and be owned by the seller.

I'll do some better research

DullGreyGuy

Alderbank said:

Fair call.

I used a site which claims to give legal answers 'from lawyers' but doesn't actually give provenance (bit like Wikipedia)
https://www.rocketlawyer.com/gb/en/family-and-personal/buy-and-sell-goods/legal-guide/returning-a-used-car#:~:text=30%20days%20to%206%20months,the%20seller%20can%20prove%20otherwise.

Buying a used car from a private seller
When you buy a used car from a private seller as opposed to a registered dealer, key parts of the Consumer Rights Act do not apply. For example, there is no legal requirement that a car be of satisfactory quality or fit for purpose. The seller must accurately describe the car in any advertisements and not tell you something about the car which isn’t true. The car must also be roadworthy and the seller must have the legal right to sell it to you. 
In other words, the car must work, meet the legal requirements for being driven on public roads, and be owned by the seller.

I'll do some better research

Or I will wait for the cops to turn up after I sold my old banger to a mate who wanted a project... wonder what the minimum sentence is?

tightauldgit

I believe that if you sell a car that's not roadworthy you have to legally declare it as such and it can only be sold as for spares or repairs. I think it might even be a criminal offence to sell a non-roadworthy car without informing the buyer of the condition. To what extent a private seller is supposed to know if a car is roadworthy or not when selling it I have no idea.  

Alderbank

The AA say:

Buying a used car privately
The only legal terms that cover a private sale contract are:

• The seller must have the right to sell the car.
• The vehicle should match the description given by the seller.
• The car must be roadworthy – it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today.

...but again without quoting legislation