Private car seller falsely advertised vehicle as HPI clear

redpineapple17

Hello, I recently bought a car from a private seller through Autotrader. 2014 BMW. In the description of the car, he clearly stated the car was HPI CLEAR. I have had a number issues since purchasing the car and cannot get an MOT, when trying to cut my losses and sell the car through Motorway it has come back that it has failed HPI checks due to salvage history. (I did pay for a check on Autotrader although have now found out they don’t check for salvage history.)

What are my rights when buying though a private seller where they have not just failed to disclose information but actually falsely advertised? Does the seller have to refund me and what are my options if he refuses or ignores me etc.

Thanks!

Aylesbury_Duck

redpineapple17 said:

Hello, I recently bought a car from a private seller through Autotrader. 2014 BMW. In the description of the car, he clearly stated the car was HPI CLEAR. I have had a number issues since purchasing the car and cannot get an MOT, when trying to cut my losses and sell the car through Motorway it has come back that it has failed HPI checks due to salvage history. (I did pay for a check on Autotrader although have now found out they don’t check for salvage history.)

What are my rights when buying though a private seller where they have not just failed to disclose information but actually falsely advertised? Does the seller have to refund me and what are my options if he refuses or ignores me etc.

Thanks!

You have the right to expect that the car matches the description.  Have you got a copy of the original advertisement?  Do you know the seller's name and address?  I'd write to them setting out the situation and what you want as a resolution.  Ultimately you could go to small claims court, but you'd have to be certain of their name and address, and confident that if you win, that they have the means and the will to pay you.

redpineapple17

Thanks for the response.. 

I have requested a copy of the advertisement from Autotrader which they have sent and I had screenshots of it anyway..

I know the sellers name and I think I can get his address as he did text it to me I just need to dig out the text. 

I plan to write to them and go from there, just wanted to know if it was something I could claim for if it got to that point so thank you again

pinkshoes

redpineapple17 said:

Thanks for the response.. 

I have requested a copy of the advertisement from Autotrader which they have sent and I had screenshots of it anyway..

I know the sellers name and I think I can get his address as he did text it to me I just need to dig out the text. 

I plan to write to them and go from there, just wanted to know if it was something I could claim for if it got to that point so thank you again

Even private sales need to be as described. 

How long have you owned it? How long did the previous owner own it?

What else did the advert say about the condition of the car? Do any of the problems you're having go against this?

Grumpy_chap

redpineapple17 said:

Hello, I recently bought a car from a private seller through Autotrader. 2014 BMW. In the description of the car, he clearly stated the car was HPI CLEAR. I have had a number issues since purchasing the car and cannot get an MOT, when trying to cut my losses and sell the car through Motorway it has come back that it has failed HPI checks due to salvage history. (I did pay for a check on Autotrader although have now found out they don’t check for salvage history.)

What are my rights when buying though a private seller where they have not just failed to disclose information but actually falsely advertised? Does the seller have to refund me and what are my options if he refuses or ignores me etc.

Thanks!

Even a private seller has to be truthful.

The thing is, what does "HPI Clear" mean?
AIUI, any of the HPI or equivalent services only offer any comeback for inaccuracy in favour of the person who paid for the report.  You chose to pay for an alternative report which was less comprehensive and did not cover the salvage history.  That was your choice of due diligence product.

This is a 2014 car.
When did you buy the car?
When did the salvage event occur?
When did the previous owner buy the car?
Did you see the HPI report which the previous owner claimed to have?

The previous owner stated "HPI Clear" but you have since found that not to be the case.
It may be possible that both statements are true.
 - Did the previous owner have a "HPI Clear" report when buying the car?
 - Did the salvage event occur in the very close timeframe prior to your purchase and the previous owner obtained a "HPI Clear" report quickly after the event (before it was recorded) and then sold the vehicle on in quick order?

You may well argue that neither of those interpretations of "HPI Clear" are necessarily honest, but neither would they be an untruth.