Would you pursue this via MCO? Private car purchase

Would you pursue this via MCO? Private car purchase

Author
Discussion

TroubledSoul

Original Poster:

4,600 posts

195 months

Monday 9th March 2015
quotequote all
Just interested, as I am considering this. I bought my M3 track car via the Driftworks forum, privately.

The fact I went a long way for it is neither here nor there but I specifically asked before buying the car whether it had any rust issues. His response was "absolutely no rot anywhere mate".

To cut a long story short, there are a few things that although I will get over, piss me off quite frankly. There are some visible bits that I wasn't best pleased about but thought if that's how it is fine, it's annoying but I'll sort it.

A few days or so after getting it home, I found that one of the front wings is essentially made out of rust on the inside and underneath the car is a hole that has been deliberatly covered over with silicone sealant!!

I'm pretty annoyed about this and decided to speak to him. He said he knew nothing of it etc. and asked for pictures of it when I asked whether he would do the decent thing and refund me a small amount towards repairing it seeing as he had told me "absolutely no rot anywhere". He seemed to be affable until I sent the picture of it but there has been no further response from him.

I know, I know, it's my responsibility to check the car as a private buyer and I chose to go ahead despite the bits of visible rust but there's no way I could be expected to see a deliberately concealed hole and in my opinion, a hole in the floor is a very different proposition to a rusty wing etc.

I'll get over it if I have to, it's certainly not the end of the world, but I feel I have been morally wronged. What do you chaps think?

DrDeAtH

3,588 posts

233 months

Monday 9th March 2015
quotequote all
Move on with life. Be more vigilant in future. send your butler round to 'rough him up' perhaps?

TooMany2cvs

29,008 posts

127 months

Monday 9th March 2015
quotequote all
TroubledSoul said:
I specifically asked before buying the car whether it had any rust issues. His response was "absolutely no rot anywhere mate".

I chose to go ahead despite the bits of visible rust
So you knew that his claim was wrong, but went ahead anyway?

TroubledSoul said:
but there's no way I could be expected to see a deliberately concealed hole
Why not? How well concealed was it?

knitware

1,473 posts

194 months

Monday 9th March 2015
quotequote all
TroubledSoul said:
Just interested, as I am considering this. I bought my M3 track car via the Driftworks forum, privately.

The fact I went a long way for it is neither here nor there but I specifically asked before buying the car whether it had any rust issues. His response was "absolutely no rot anywhere mate".

To cut a long story short, there are a few things that although I will get over, piss me off quite frankly. There are some visible bits that I wasn't best pleased about but thought if that's how it is fine, it's annoying but I'll sort it.

A few days or so after getting it home, I found that one of the front wings is essentially made out of rust on the inside and underneath the car is a hole that has been deliberatly covered over with silicone sealant!!

I'm pretty annoyed about this and decided to speak to him. He said he knew nothing of it etc. and asked for pictures of it when I asked whether he would do the decent thing and refund me a small amount towards repairing it seeing as he had told me "absolutely no rot anywhere". He seemed to be affable until I sent the picture of it but there has been no further response from him.

I know, I know, it's my responsibility to check the car as a private buyer and I chose to go ahead despite the bits of visible rust but there's no way I could be expected to see a deliberately concealed hole and in my opinion, a hole in the floor is a very different proposition to a rusty wing etc.

I'll get over it if I have to, it's certainly not the end of the world, but I feel I have been morally wronged. What do you chaps think?
You haven't been wronged.

Years ago I bought a car and the engine blew up whilst driving it home. I knew that the instant it blew up, (big end bearing), it was my problem and I fitted a new engine.

You could have had an independent survey, you could have had a full strip down condition report and you could have haggled on the known condition but like most of us you didn’t.

Was the car you bought used as a track car? If so I would expect all sorts of damage, thrashed engine, gearbox, dents, suspension failure.

I think it would be wrong for you to hound the seller.
Fix it, track it, trash it.

jith

2,752 posts

216 months

Monday 9th March 2015
quotequote all
TroubledSoul said:
Just interested, as I am considering this. I bought my M3 track car via the Driftworks forum, privately.

The fact I went a long way for it is neither here nor there but I specifically asked before buying the car whether it had any rust issues. His response was "absolutely no rot anywhere mate".

To cut a long story short, there are a few things that although I will get over, piss me off quite frankly. There are some visible bits that I wasn't best pleased about but thought if that's how it is fine, it's annoying but I'll sort it.

A few days or so after getting it home, I found that one of the front wings is essentially made out of rust on the inside and underneath the car is a hole that has been deliberatly covered over with silicone sealant!!

I'm pretty annoyed about this and decided to speak to him. He said he knew nothing of it etc. and asked for pictures of it when I asked whether he would do the decent thing and refund me a small amount towards repairing it seeing as he had told me "absolutely no rot anywhere". He seemed to be affable until I sent the picture of it but there has been no further response from him.

I know, I know, it's my responsibility to check the car as a private buyer and I chose to go ahead despite the bits of visible rust but there's no way I could be expected to see a deliberately concealed hole and in my opinion, a hole in the floor is a very different proposition to a rusty wing etc.

I'll get over it if I have to, it's certainly not the end of the world, but I feel I have been morally wronged. What do you chaps think?
I restore classic cars TS. I cannot count how many times the 'phone has rang to ask me to carry out a check on a car they have just bought. After the inevitable massive check list of faults, a great many of them hidden deliberately, and the estimate for thousands to repair, I always ask them why they didn't get the car checked out before the sale.

You would not believe how many say they didn't want to spend extra money on an inspection: I charge 100 quid plus VAT!! I rest my case.

J

CallorFold

832 posts

134 months

Monday 9th March 2015
quotequote all
Could it be that there was no rust visible from the exterior of the car? If the rust was from the inside out, or underneath panels that looked perfectly OK maybe the seller wasn't aware?

Obviously the concealed/covered up hole suggests he probably was well aware of the condition though...

rallycross

12,802 posts

238 months

Monday 9th March 2015
quotequote all
Sorry to hear its not perfect but private sale, buyer beware, don't kid yourself into thinking there is some legal safety net because an old car is not perfect:

You bought an old modified car privately.
Its up to you to check it out before agreeing to buying it.
You saw there was some rust when you got there.
You had the chance to look/check inspect before you paid.
Plus its a modified car (guessing based on what you have said)

What reason can you justify raising a money claim online dispute?
Not all people the truth when describing /selling old cars first thing you should do is question everything and check for yourself.




TroubledSoul

Original Poster:

4,600 posts

195 months

Monday 9th March 2015
quotequote all
rallycross said:
What reason can you justify raising a money claim online dispute?
Not all people the truth when describing /selling old cars first thing you should do is question everything and check for yourself.
Just the fact he specifically said there was "absolutely no rot anywhere". In writing.

I could accept somebody being of the opinion that surface rust isn't rot and let that pass, as I did when I saw it and went ahead and bought it, but I can't accept a hole in the floor as not being rot. And covering it up with silicone doesn't change that!

I just think that's completely shady. It's a track car so it doesn't matter as much as it would if it were to be my pride and joy etc. but it's still wrong IMO.

It's only a hundred quid or something for MCO isn't it?

rallycross

12,802 posts

238 months

Monday 9th March 2015
quotequote all
It sounds horrible but MCO is not the answer - as you were buying it off a private person, his word cannot be taken as an expert on cars, hence the buyer needs to do reasonable checks. Just chalk it up to experience what is written or said cannot be taken as true, make your own checks.

What year is the car unusual for a late model 3 series to be rotten underneath (did you buy it from Scotland?)

BobSaunders

3,033 posts

156 months

Monday 9th March 2015
quotequote all
jith said:
TroubledSoul said:
Just interested, as I am considering this. I bought my M3 track car via the Driftworks forum, privately.
I always ask them why they didn't get the car checked out before the sale.

You would not believe how many say they didn't want to spend extra money on an inspection: I charge 100 quid plus VAT!! I rest my case.

J
I do not have someone that i can simply call and ask to do this - I am at the mercy of the AA or RAC for similar checks.

Where would one locate services similar to what you offer? Yellow pages?

jith

2,752 posts

216 months

Monday 9th March 2015
quotequote all
BobSaunders said:
jith said:
TroubledSoul said:
Just interested, as I am considering this. I bought my M3 track car via the Driftworks forum, privately.
I always ask them why they didn't get the car checked out before the sale.

You would not believe how many say they didn't want to spend extra money on an inspection: I charge 100 quid plus VAT!! I rest my case.

J
I do not have someone that i can simply call and ask to do this - I am at the mercy of the AA or RAC for similar checks.

Where would one locate services similar to what you offer? Yellow pages?
Sorry about the late reply Bob, busy, busy.

If you're an AA or RAC member they do a vehicle inspection report service but the last I heard it was very expensive. Far better to get someone experienced in the brand you're looking at who knows most of the weak spots; but try to organise it on a vehicle lift to ensure nothing's missed.

If you want to buy something in the West of Scotland of course, I'm your man!

J

anonymous-user

55 months

Tuesday 10th March 2015
quotequote all
TroubledSoul said:
rallycross said:
What reason can you justify raising a money claim online dispute?
Not all people the truth when describing /selling old cars first thing you should do is question everything and check for yourself.
Just the fact he specifically said there was "absolutely no rot anywhere". In writing.

I could accept somebody being of the opinion that surface rust isn't rot and let that pass, as I did when I saw it and went ahead and bought it, but I can't accept a hole in the floor as not being rot. And covering it up with silicone doesn't change that!

I just think that's completely shady. It's a track car so it doesn't matter as much as it would if it were to be my pride and joy etc. but it's still wrong IMO.

It's only a hundred quid or something for MCO isn't it?
He gave you that in writing, did he? In your first post it sounded like it was verbally. Odd that someone should end a sentence with 'mate' in writing but hey ho.

Doubt it will make much difference in any case, court fees will just add to your loss.

TooMany2cvs

29,008 posts

127 months

Tuesday 10th March 2015
quotequote all
REALIST123 said:
He gave you that in writing, did he? In your first post it sounded like it was verbally. Odd that someone should end a sentence with 'mate' in writing but hey ho.
email or forum post/pm, perhaps?

TroubledSoul

Original Poster:

4,600 posts

195 months

Tuesday 10th March 2015
quotequote all
Yeah sent to me via PM.

If it's a waste of time it's a waste of time. Just seriously fks me off as I'd never dream of doing that to anyone myself.

ging84

8,911 posts

147 months

Tuesday 10th March 2015
quotequote all
The bit about rust being deliberately covered in sealant, does this ever happen accidentally?
Putting sealant on rust in an attempt to stop it getting any worse is preventative maintenance, not usually a very effective, but a bodge job is not inherently dishonest, it differs from the sort of deliberate concealment of issues, such as disabling warning lights or altering mileage, these are the sorts of things you have a slim chance of comeback on a private sale, anything else, you pretty much have none.

Muzzer79

10,024 posts

188 months

Tuesday 10th March 2015
quotequote all
How do you know the seller was aware of the rust?

You speak of it being hidden - both under the wing and by silicone - what would stop the seller claiming that this must have happened before his ownership?

Understand your frustration and IANAL but, given the circumstances (private sale) and the car (track car) it seems like a massive waste of time.