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

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  • majnov
    majnov Posts: 10 Forumite
    edited 16 April 2018 at 6:23PM
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    AndyMc..... wrote: »
    So it drove ok when you bought it.
    Yes, at that time. On the same day, I went to a car wash and I could not start the engine. I thought it might be a low battery in a remote control as the message was shown while I entered the car.

    So, if seller genuinely did not know about the fault then he should ask me about the problem and share the costs of the repair but the seller is trying to wash his hands of the problem.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    majnov wrote: »
    Yes, at that time. On the same day, I went to a car wash and I could not start the engine. I thought it might be a low battery in remote control as the message was shown while I entered the car.

    So, if seller genuinely did not know about the fault then he should ask me about the problem and share the costs of the repair but the seller is trying to wash of his hands from the problem.


    If he didn’t know why should he share the cost?
  • eschaton
    eschaton Posts: 2,024 Forumite
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    Whether the seller knew or not it is impossible to prove unless the seller admits it. Which is unlikely.

    Time to move on, you drove the car away with no issues evident.
  • HHarry
    HHarry Posts: 883 Forumite
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    Someone I know went to Small Claims after a car he bought needed a gearbox repair at £2k within months of buying it. It was also a private sale.

    His claim was very quickly thrown out (twice) when the Seller explained that he wasn't aware of a problem and wasn't an expert on cars.
  • Raxiel
    Raxiel Posts: 1,401 Forumite
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    The Ford Powershift transmission is notoriously unreliable, at that mileage it could potentially be on its third (warranted) clutch pack depending on how it was driven.

    Perhaps the seller knowingly sold a lemon, perhaps he genuinely thought it was running fine but wanted shot before it inevitably failed. Can't hold him responsible for an inherent design flaw.
    3.6 kW PV in the Midlands - 9x Sharp 400W black panels - 6x facing SE and 3x facing SW, Solaredge Optimisers and Inverter. 400W Derril Water (one day). Octopus Flux
  • EdGasketTheSecond
    EdGasketTheSecond Posts: 2,558 Forumite
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    majnov wrote: »
    the seller described the car in a mint condition, drives good, etc.

    oh dear, sounds like a dodgy dealer. I would never buy a car from someone who spouts 'mint condition' and 'drives good'; in the same category as 'nuttin wrong with it'; avoid.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
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    majnov wrote: »
    So, if seller genuinely did not know about the fault then he should ask me about the problem and share the costs of the repair but the seller is trying to wash his hands of the problem.

    If the seller genuinely didn't know about the fault then they have no obligation either legally or morally to pay a single penny towards the repair and even if they had full knowledge of the fault, you have to prove this.
    Simply thinking that they knew is no use whatsoever.
  • System
    System Posts: 178,094 Community Admin
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    majnov wrote: »
    What are my rights as the private buyer?
    Caveat Emptor.
    Could I take the seller to the small claims court to claim the repair cost? I informed the seller about the problem at the same date it developed a problem, the seller said he did not know anything about the problem but it is my car, sold as seen. I made a contract and I put in writing all visible marks on the body and the seller signed, which means that the fault was prior to the sale as this will not develop suddenly and the seller has hidden it.
    Private sale, you've no protection. The only thing you could claim against is if you specifically asked them a question and they lied.
    I already messaged the seller today, that I would like him to share the repair cost, otherwise, I am going to put a claim in a small claims court !!!8211; no answer so far.

    Thanks.
    The seller is following the same advice we'd give to a private seller on this forum when a buyer is wanting a refund or cost of repairs - ignore them.

    When you buy privately you have no rights that you do when you buy from a dealership. It is caveat emptor, buyer beware. You could waste your money putting in a small claims court claim but it will get nowhere.
  • majnov
    majnov Posts: 10 Forumite
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    Tarambor wrote: »
    Caveat Emptor.


    Private sale, you've no protection. The only thing you could claim against is if you specifically asked them a question and they lied.

    He has done it once he was asked for any mechanical faults, you surely can explain that by lack of knowledge on any faults as he answered about "mint condition", etc.
    So every sale can go through the same scenario, "it was all ok till I sold it", hard to prove otherwise, only detailed knowledge regarding the fault that the problem developed way before and the car was driven with the fault and then sold.

    The seller is following the same advice we'd give to a private seller on this forum when a buyer is wanting a refund or cost of repairs - ignore them.

    When you buy privately you have no rights that you do when you buy from a dealership. It is caveat emptor, buyer beware. You could waste your money putting in a small claims court claim but it will get nowhere.

    Right, that is not helpful then as the position of the buyer is straight on the losing side.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    majnov wrote: »
    He has done it once he was asked for any mechanical faults, you surely can explain that by lack of knowledge on any faults as he answered about "mint condition", etc.
    So every sale can go through the same scenario, "it was all ok till I sold it", hard to prove otherwise, only detailed knowledge regarding the fault that the problem developed way before and the car was driven with the fault and then sold.

    Right, that is not helpful then as the position of the buyer is straight on the losing side.

    Why isn't what Tarambor stated helpful? It states exactly what the legal situation is.
    From skim reading through the posts, every single responder has stated pretty much the same thing in that:

    When buying privately, you have far fewer rights than when buying from a dealer. This is why items sold privately will normally be far cheaper than buying from a trade seller.

    A seller must to the best of their knowledge, describe the goods correctly and they don't have to mention specific faults unless specifically asked.

    If you think that the seller lied, you have to prove this.

    However many times you keep posting asking the same questions or rehashing the same points, the answers will stay the same.
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