Reject a car bought privately

[admin]

A friend recently bought a car privately. It since turned out there is sawdust in the gearbox which is so noisy and grindy it needs replaceing, and the engine is burning oil like crazy, the garage think some sort of thickener was poured in with the oil to make it seem ok.

These faults were there before the car was sold and no mention was made of them.

Does my friend have any legal basis for getting a refund, getting repairs done at the sellers expense?

I don't think you have a leg to stand on but I'm interested in your experience and thoughts.

 

[davalav]

A friend recently bought a car privately. It since turned out there is sawdust in the gearbox which is so noisy and grindy it needs replaceing, and the engine is burning oil like crazy, the garage think some sort of thickener was poured in with the oil to make it seem ok.

These faults were there before the car was sold and no mention was made of them.

Does my friend have any legal basis for getting a refund, getting repairs done at the sellers expense?

I don't think you have a leg to stand on but I'm interested in your experience and thoughts.

I was under the impression that if something wen't wrong with it in the first 14 or so day, the seller is legally required to either provide parts or issue a refund.

Also, what helps his case, is the seller sold a car with sawdust in it! that alone should be enough, otherwise it can go to a small claims court.

 

[old-git]

As he bought privately, best of luck.

Sold as seen is the usual phrase added to a receipt. You would have to prove, in court, that the seller was aware of the defect at the point of sale with the intent to deceive.

You have fewer rights when you buy from a private seller and key parts of the Sale of Goods Act don't apply – there is no legal requirement for a car to be of satisfactory quality or fit for purpose.

But, legally, the seller must accurately describe the second hand car (for example, an advert must not say 'one owner', when the car has had several). He/she must not misrepresent the second hand car (tell you something about the car which isn't true – such as if it’s been in an accident, the owner must answer truthfully).

If your friend didn't get the car checked by someone competent then he took a chance, so unless your mate is a lot bigger than the seller he will just have to mark it down as experience, as most of us have done in the past

 

[davalav]

As he bought privately, best of luck.

Sold as seen is the usual phrase added to a receipt. You would have to prove, in court, that the seller was aware of the defect at the point of sale with the intent to deceive.

You have fewer rights when you buy from a private seller and key parts of the Sale of Goods Act don't apply – there is no legal requirement for a car to be of satisfactory quality or fit for purpose.

But, legally, the seller must accurately describe the second hand car (for example, an advert must not say 'one owner', when the car has had several). He/she must not misrepresent the second hand car (tell you something about the car which isn't true – such as if it’s been in an accident, the owner must answer truthfully).

If your friend didn't get the car checked by someone competent then he took a chance, so unless your mate is a lot bigger than the seller he will just have to mark it down as experience, as most of us have done in the past

Your wisdom strikes again! I suppose we don't even know how the car was advertised.

 

[obi_waynne]

There is very little comeback at all. You might be able to take them to court if the advert said "in good condition" or "good runner" and it clearly wasn't. But if the receipt states sold as seen there is little that can be done.

If the person can be demonstrated to be buying and selling cars regularly then you might be able to pursue them as a trader or at least make waves for them with trading standards.

 

[SLEEPER]

There is a major difference between buying private and from a trader .

With a trader he/she has a responsibility to sell vehicles that are fit for purpose.If they are not the car can be returned (in law)

A private seller has no such obligation . Even if it could be proved that the car had been deliberately bodged if the seller pleads ignorance in practice he cant be prosecuted.
All he has to do is say I know nothing about the sawdust and there is no case