The Student Room Group

Brought a car, come to find it has many issue, seller didn’t state issues?!

I brought a car 1 week ago, he said the car drives fine, but now the clutch is gone, the suspension isn’t working. I’ve asked to return the car he says he doesn’t have to pay me back. Firstly can I return the car and am I entitled for him to pay me back as the car is second hand. Lastly if he refuses what do I do and how do i do it??
Original post by Dwights7
I brought a car 1 week ago, he said the car drives fine, but now the clutch is gone, the suspension isn’t working. I’ve asked to return the car he says he doesn’t have to pay me back. Firstly can I return the car and am I entitled for him to pay me back as the car is second hand. Lastly if he refuses what do I do and how do i do it??


Second-hand car bought privately
You have fewer rights when you buy a used car from a private seller, and key parts of the Consumer Rights Act don't apply. For example, there is no legal requirement for a car to be of satisfactory quality or fit for purpose.
But contractual rules about misrepresentation do apply. So, legally, the seller must:
- accurately describe the second-hand car. For example, an ad must not say 'one owner' when the car has had several
- not misrepresent the second-hand car, ie tell you something about it which isn't true. For example, if it’s been in an accident, the owner mustn't tell you it hasn't.
If you're buying from a private seller, the onus is on you as the buyer to ask all the right questions before making the purchase. The seller doesn't have to volunteer extra information so, if you don't ask questions, you may not have the full picture of the car's history or be aware of any potential faults.
Source: https://www.which.co.uk/consumer-rights/advice/the-second-hand-car-i-bought-has-a-problem-what-are-my-rights
If all else fails, you can try to take your case to the Small Claims Court.
If you do go to the small claims court, you would have to prove beyond reasonable doubt that the vendor knew about a fault, but withheld the information, before selling the car to you.


Read more: http://www.thisismoney.co.uk/money/cars/article-3656701/What-consumer-rights-buy-used-car-goes-wrong.html#ixzz59uFKx2CH
Follow us: @MailOnline on Twitter | DailyMail on Facebook
If you've paid cash to a private seller its 'buyer beware' i'm afraid, as others have said it's an uphill battle to prove the seller mislead you, far more rights if you buy from a second hand dealer by credit.
Reply 4
Sorry to hear that. Has happened to me in the past.

There is a legal principle in contract law called Caveat emptor which translates as "let the buyer beware" and unless the seller is a mechanic and it would be reasonable to assume that he would have known, or unless you can prove that the seller knew about the issues and deliberately misled you into beleiving the vehicle was in good working order then I'm afraid there's no remedy in law. (You could try judge rinder but I suspect he would rule unfavourably).

Next time, your're best to take a mechanic with you to inspect the condition of the vehicle, even if you don't know any who would do it for free because the cost of a check is much less than I suspect you're having to fork out now.
That's why you get an AA inspection before you buy any car.

Just tagging @AngryJellyfish to get this moved to Cars and motoring.
Can you absolutely, definitively prove that he knew that these issues would appear?

If yes: Good luck dude, you'll need it.
If maybe: don't even try.
If no: don't even try.
Original post by RoyalSheepy
That's why you get an AA inspection before you buy any car.

Just tagging @AngryJellyfish to get this moved to Cars and motoring.


This.

As Micky said in the movie Snatch - "Ya bought it how ya saw it."
Reply 8
How did it seem when you took it for a test drive?
Original post by robotico2014
If all else fails, you can try to take your case to the Small Claims Court.
If you do go to the small claims court, you would have to prove beyond reasonable doubt that the vendor knew about a fault, but withheld the information, before selling the car to you.


Read more: http://www.thisismoney.co.uk/money/cars/article-3656701/What-consumer-rights-buy-used-car-goes-wrong.html#ixzz59uFKx2CH
Follow us: @MailOnline on Twitter | DailyMail on Facebook


I agree.
Original post by Dwights7
I brought a car 1 week ago, he said the car drives fine, but now the clutch is gone, the suspension isn’t working. I’ve asked to return the car he says he doesn’t have to pay me back. Firstly can I return the car and am I entitled for him to pay me back as the car is second hand. Lastly if he refuses what do I do and how do i do it??

If you bought from a dealer, then you're in a good position.

If you bought privately, from someone not selling cars as a business, then you have very few rights.

In both cases, I would have had an independent inspection, or risk the money on my own judgement.

What does the receipt say?
Original post by robotico2014
If all else fails, you can try to take your case to the Small Claims Court.
If you do go to the small claims court, you would have to prove beyond reasonable doubt that the vendor knew about a fault, but withheld the information, before selling the car to you.

That's not my understanding. In a Civil case, the requirement is on the balance of probability, not beyond all reasonable doubt. I'm not even sure that they need to disclose known faults, as long as they don't misrepresent the car.
Reply 12
Original post by RogerOxon
That's not my understanding. In a Civil case, the requirement is on the balance of probability, not beyond all reasonable doubt. I'm not even sure that they need to disclose known faults, as long as they don't misrepresent the car.


Unfortunately I’ve had to repair the car myself, there’s little I can do. Teh price of taking them to court is far haigher than the value of teh car, all I can do is write a review and tell people not to buy from there.
Reply 13
Caveat emptor.
Original post by Dwights7
Unfortunately I’ve had to repair the car myself, there’s little I can do. Teh price of taking them to court is far haigher than the value of teh car, all I can do is write a review and tell people not to buy from there.

The small claims process isn't too expensive.

It sounds like you bought the car from a dealer. You should contact trading standards.

Quick Reply

Latest