Private car sale, Buyer rights, Ford with TCM fault.

Options
1235

Comments

  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
    Options
    majnov wrote: »
    As I mentioned, I paid £3K.


    You didn't mention it at all, which is why previous posters had to ask you several times for the amount.
  • Nodding_Donkey
    Nodding_Donkey Posts: 2,738 Forumite
    First Anniversary First Post
    Options
    agrinnall wrote: »
    You didn't mention it at all, which is why previous posters had to ask you several times for the amount.

    The price was in post #10
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    First Anniversary Name Dropper First Post
    Options
    markudman wrote: »
    'Sold as seen' is innapropriate unless youve visually inspected the item which is unlikely, even then it only have moral and pehaps ethical standing, not legal

    Rejecting a second-hand car
    If there's a problem with a second-hand car soon after you've bought it - for example, the car develops a problem you wouldn't expect for its age and mileage, or it turns out not to be what you’d been led to expect - you May have the right to reject it and get your money back. this is a well known Fault on this car and if you research you'll know that. so sorry, your wrong.


    All of that info has been copied and pasted from an ebay blog so is totally irrelevant as the sale in question was made face to face.
    Goods bought privately do not have to be free from faults nor do they have to be fit for purpose or durable.
    Provided that the seller had the legal right to sell the goods and to the best of the seller's knowledge, they matched their description, any faults that come to light after purchase are not the responsibility of the seller.
  • System
    System Posts: 178,094 Community Admin
    Photogenic Name Dropper First Post
    edited 18 April 2018 at 1:44AM
    Options
    markudman wrote: »
    ' and if you research you'll know that. so sorry, your wrong.

    Find me any consumer group or government website which says I'm wrong. Do you think Which? don't know consumer law? The first page of results on Google will say the same as I posted.

    Just because a car has a common fault, you buy that car and that fault happens after you've bought it doesn't give you the ability to make a claim against a private seller. Had it had that fault when it was sold, you asked the seller specifically if it did and they said it didn't then you'd have a cause for a claim but this isn't what happened in this respect. If you didn't ask them they are under no obligation to say it has that fault even if it was present when it was sold, the onus in law for a private sale is on you to find out.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
    Options
    Nodding_Donkey wrote: »
    The price was in post #10

    So it was, just not very obvious without a £ sign.
  • markudman
    markudman Posts: 351 Forumite
    First Anniversary
    edited 18 April 2018 at 9:05AM
    Options
    markudman wrote: »
    '

    Rejecting a second-hand car
    If there's a problem with a second-hand car soon after you've bought it - for example, the car develops a problem you wouldn't expect for its age and mileage, or it turns out not to be what you!!!8217;d been led to expect - you May have the right to reject it and get your money back. this is a well known Fault on this car and if you research you'll know that. so sorry, your wrong.

    This was from the Which website not eBay.
    https://www.which.co.uk/consumer-rights/advice/the-second-hand-car-i-bought-has-a-problem-what-are-my-rights
    and the fact will be, he brought a cat D with no MOT, I would buy something like this (not a ford with a auto box) and know the risk, you cannot have your cake and eat it too.
    And any court of law will see this,


    The bottom line is, does he want to waste his time and money.

    You must describe the used car accurately so as not to mislead buyers. If they ask about the car, you should answer truthfully.

    You don't have to volunteer information about faults, although wed never suggest you sell a used car if you know it is dangerous to drive.

    The Sale of Goods Act 1979 gives protection when someone is buying from a dealer, but doesn't cover private sales. So, provided that you've been honest in your dealings, a buyer has little legal comeback if the car develops any faults.
    Legally, a buyer has few options for redress against a private seller. If you described the car fairly and it was yours to sell, there is little he or she can do even if it breaks down and requires expensive repairs. Unless the buyer can prove that the car was unroadworthy on the day of sale, you need not offer to help.

    However, if you described the car as having, say, a year's MOT when it was actually about to expire, the buyer would be due compensation.

    So back to, Does the IDS show fault history, this will be the Silver bullet, as it will show when the fault first appeared.

    Sold as seen is a myth
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • k12479
    k12479 Posts: 716 Forumite
    First Anniversary First Post Name Dropper Combo Breaker
    Options
    markudman wrote: »
    Does the IDS show fault history, this will be the Silver bullet, as it will show when the fault first appeared.
    Not necessarily a 'silver bullet' though. Fault codes rarely point out the specific moment in time that a particular problem occurred, rather where 'something' has or is happening. It doesn't mean the seller knew of or experienced any problems, the fact it didn't show up on a test drive and only after a 40 mile drive doesn't help either.
  • markudman
    markudman Posts: 351 Forumite
    First Anniversary
    Options
    k12479 wrote: »
    Not necessarily a 'silver bullet' though. Fault codes rarely point out the specific moment in time that a particular problem occurred, rather where 'something' has or is happening. It doesn't mean the seller knew of or experienced any problems, the fact it didn't show up on a test drive and only after a 40 mile drive doesn't help either.

    Hi have a few dealer lever Diagnostic tools, Mainly German ones, IE BMW, Mercedes, VW group all show when the fault first occurred, and how many times it has occurred, so you have a timeline.this helps with a difficult faults, So could be the information that he is looking for, if he needs prove, As also said I do not have the Ford/ Mazda IDS so not sure if in records this info.
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • k12479
    k12479 Posts: 716 Forumite
    First Anniversary First Post Name Dropper Combo Breaker
    Options
    But the logging of faults doesn't mean the driver noticed anything amiss or ever suffered an issue. There could be intermittent faults logged over years and only now has it got to being an issue. Many people would probably be surprised by what faults their vehicles have picked up. You can't say fault logged = you knew of the problem.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Name Dropper First Post First Anniversary
    Options
    markudman wrote: »
    The Sale of Goods Act 1979 gives protection when someone is buying from a dealer but doesn't cover private sales.

    Well if that's what the writers at Which believed to be true, I wouldn't trust anything else that they wrote.
    The SOGA did cover private sales, it's just that not all of it applied.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards