Private car purchase

[lastminute]

Hi Everyone

I am just asking for some advice regarding a car I purchased privately.

I purchased a 2012 car with 50k millage on it privately for £5000. I drove back from the seller's house which is about 200 miles away. On the way back nearly done 190 miles the car suddenly broke down and had the AA guy come to tow me to my local dealer. The car has been diagnosed and the bill has come to £1000. The seller described the car as excellent car to drive and run in excellent condition. When I purchased the car the seller said apart from the MOT they have not done any major works on the car which they had bought ~3 years ago. I specifically asked if timing etc has been changed and they said no.

When I took it to the garage they noted the injectors were changed (one of which was broken and I am having to replace) and the timing belt was also changed 3 months ago (there is a sticker on the engine with date and millage on saying when it was changed) which the seller did not tell me about at all. They have also said there is a valve called EGR valve that also needs replacing all of which would not suddenly brake down.

I paid for the car via bank transfer at the time when I viewed the car. I contacted citizen advice bureau who said the car is not as described as it broke down on the way back home.

I am just wondering whether anyone has had similar problems regarding making legal action for contribution towards the repair of the car from the private seller.

[Tools]

Re: Private car purchase

If you have a copy of the original advertisement selling the car to evidence the sellers description this would be very useful.

As CAB have told you, the car wasn't "as described" which is why you need the "description" to back up your claim.

Have you spoken with the seller, this should always be your first step, from there you may be able to reject the car and either receive a full refund or come to an arrangement to cover some or all of the repairs.

With the seller being unaware of the repairs, are you 100% sure the seller was not actually a trader acting as a private seller, if so this puts you in a stronger position if they were a trader. Who's name/address was on the V5 and how long had they been the keeper according to the V5?

[des8]

Re: Private car purchase

If this was a genuine private sale, you, as purchaser, don't have many rights.
However under the Consumer Rights Act 2015 which came into force 01/10/2015 the legal terms that cover a private sale are:
i) seller must have right to sell the car
ii) car should match the description
iii) car must be roadworthy

Your position legally will depend on the exact wording of the advert, and the status of the seller (as per Tools above)

[lastminute]

Re: Private car purchase

If you have a copy of the original advertisement selling the car to evidence the sellers description this would be very useful.

As CAB have told you, the car wasn't "as described" which is why you need the "description" to back up your claim.

Have you spoken with the seller, this should always be your first step, from there you may be able to reject the car and either receive a full refund or come to an arrangement to cover some or all of the repairs.

With the seller being unaware of the repairs, are you 100% sure the seller was not actually a trader acting as a private seller, if so this puts you in a stronger position if they were a trader. Who's name/address was on the V5 and how long had they been the keeper according to the V5?

Many thanks for your reply.

I have saved a copy of the advert from gumtree as pdf description as "Excellent drive" & "Excellent condition". They had also advertised the car as doing 59k where as it had done 60k (but obviously this was something that I saw).

I contacted the seller by phone and text message and they left me a voicemail saying to not contact them regarding the car again as they would consider it as harassment (I have saved the voicemail as well) therefore contacting them over the phone did not solve the problem. That is why I wanted go down a different route. The seller had the car for just over two years so I do not think they were trade seller.

I would really appreciate your help. I rang the garage and said to do the repair as I bought the car over 2 weeks ago and it has been sitting in the garage since

- - - Updated - - -

If this was a genuine private sale, you, as purchaser, don't have many rights.
However under the Consumer Rights Act 2015 which came into force 01/10/2015 the legal terms that cover a private sale are:
i) seller must have right to sell the car
ii) car should match the description
iii) car must be roadworthy

Your position legally will depend on the exact wording of the advert, and the status of the seller (as per Tools above)

The advert was described as above and I have pdf proof of it. I a just wondering whether the car breaking down on the way back would define it as not fit for purpose?


Thanks

[des8]

Re: Private car purchase

Quite frankly I doubt you have any choice, but to accept the vehicle.
I realise this is not what you want to hear but I do not see where you have a claim against the vendor.

The written advert says excellent drive & excellent condition, but these are very subjective descriptions being applied to a vehicle that has done 60,000 miles.
Cars with that mileage do breakdown.
You viewed the car prior to purchase, so were not relying on the sellers description.
It was for you to decide if it was fit for your purpose
At that point you had the opportunity to examine the car: the extent of the examination was up to you: you could have employed a mechanic

The verbal assurance that no work had been carried out when in fact the timing belt had been replaced doesn't make sense. If I'd been selling the vehicle I'd make sure the buyer knew it had been maintained.

IMO in this case caveat emptor applies and a court claim is doomed to failure, but I'll happily listen to contrary arguments from others.

[Tools]

Re: Private car purchase

I'm afraid I have to agree with Des, as this was a private sale there isn't much you can do.

[ostell]

Re: Private car purchase

The timing belt could have been changed because it was part of the mileage or time dependant service.

What was the fault, that injector?

[lastminute]

Re: Private car purchase

The timing belt could have been changed because it was part of the mileage or time dependant service.

What was the fault, that injector?

Electric component was broken.

Thanks for you replies. I guess I just have to cut down on the Christmas presents

[Tools]

Re: Private car purchase

Sorry we couldn't give you a better outcome, as Des mentioned "caveat emptor" (buyer beware) always applies in a private sale.

What was actually the cause of the breakdown, the faulty injector or the EGR valve?

[lastminute]

Re: Private car purchase

Sorry we couldn't give you a better outcome, as Des mentioned "caveat emptor" (buyer beware) always applies in a private sale.

What was actually the cause of the breakdown, the faulty injector or the EGR valve?

The EGR valve was the main cause.

Thanks

[beaconsman]

Re: Private car purchase

An MOT certificate actually means ..not a lot! Just means on the day and time it was tested, it was roadworthy. Or deemed roadworthy. I have had horrific cars that have had mot's a week previously. One, a volvo (which I still have) had no brakes! Yet it passed the brake test for the MOT a week earlier! hmm..
Just be very wary of used cars, take someone with you (if you know anyone) timing belts are hard to determine if they have been changed, as with all used cars, stamped service books are invaluable..(FSH..full service history)...
I think you gave been scammed personally, A test drive of a used car is ..driving around, using the gears, testing all electronics..heater controls etc, in particular, pulling over and having a really good look around, underneath, in the engine bay..I actually bought a car blind in 2013..andn its turned out to be the most reliable thing ever! 225,000 miles! mk 1 Honda crv, thing is bulletproof. HAs a massive folder of history from Honda main dealers...only thing that has failed, is the clutch master cylinder on friday evening, driving home through a large town with no clutch..that was not fun..new part £35 (trade ..will change it this weekend...(time served engineering, ex REME) ask away if you need anything in the future..