Rights when buying / selling privately

[gregwatson]

A friend of mine recently sold what he thought was a 1993 car to someone in Sweden who came over and drove the car back. However during the import process the new owner has discovered that the car is apparently a 1990 car and not 1993. He is now threatening legal action over it.

Now I know 100% my friend believed it to be a 1993 car - particularly since he had checked with DVLA and their records showed the car as a 1993 model! The car was imported in 1996 to the UK.Porsche UK also said it was a 1993 but then they admitted that their info came from the DVLA.

So - it's an unpleasant situation - but can the angry Swede actually do anything, assuming the car is indeed a 1990 and a genuine mistake was made by the seller?

>> Edited by gregwatson on Monday 23 January 18:19

[Lotus Carlton]

Caveat Emptor under UK law??

[caspy]

I assume that the original purchaser had a duty of care to ensure all details correct when he purchased it, and then passed those details on to the prospective new owner. He would have recourse with the person he bought from etc. But, if your mate sold it as a '93 car and it wasnt, Mr Sweden does have direct recourse to money back or a reduced price to cover difference.

IMHO.

>> Edited by uk hsv on Monday 23 January 16:58

[sjc]

I would agree witrh Caspy, as effectively the car is not as described.

[gregwatson]

Yeah... although Porsche UK and the DVLA are still saying it's a 1993 car.

However

What's the point of HIP checks etc then? Presumably if a car is stolen or written off, and not disclosed, you'd have similar recourse under the "not as described" stuff? Surely the fact that there is a marker for HPI checks etc suggest that if you buy a stolen / non-HPI clear car, it's your problem?

[gregwatson]

Hang on, just noticed a glaring mistake in my original post. Porsche UK said, and still say, it's a 1993 car, not a 1990.

[sjc]

would it be that it was manufactured 1990, but first registered 1993?

[caspy]

Ultimately responsibility lies with the seller. Harsh as it sounds.

[mose]

sjc said:

would it be that it was manufactured 1990, but first registered 1993?

Good point and along the lines of what I was thinking.

Something very similar along these lines happened to my dad with a Daimler straight 6. Made in 1976 but not registered as new until almost two years later. Sorry Daimler coupe not the stright 6.

>> Edited by mose on Monday 23 January 18:40

[gregwatson]

Then again the guy did see the car before he bought it, and I'm sure he had access to the VIN so could have carried out any checks he wanted in advance... Hmmm...

Surely if you see the car before you buy, and you still buy it, aren't you accepting the car as is?