Private sale, seized engine, small claim Q
Discussion
What are the obligations of a new owner of a car whose engine seizes very shortly after purchase?
As in, can the car be scrapped whilst a claim is being made against the previous owner, or could the court ask that the car is returned, for example as part of the settlement?
If the car was scrapped and the previous owner ordered to cough up and refund, could the value of the vehicle be deducted from any award made by the judge?
As in, can the car be scrapped whilst a claim is being made against the previous owner, or could the court ask that the car is returned, for example as part of the settlement?
If the car was scrapped and the previous owner ordered to cough up and refund, could the value of the vehicle be deducted from any award made by the judge?
What is the year / mileage of the car and price paid?
How long have you owned it for and how many miles has it done since you owned it?
Any idea what caused the engine to seize?
You would need to keep the car until the mater had been resolved by the court as they might make a suggestion that involves it.
How long have you owned it for and how many miles has it done since you owned it?
Any idea what caused the engine to seize?
You would need to keep the car until the mater had been resolved by the court as they might make a suggestion that involves it.
On what basis are you making a claim?
You certainly would be unwise to dispose of the car, as then you'll have no case at all, as I would expect that the seller would need to have an opportunity to inspect or to have it inspected.
How will the court know that you haven't attempted to change the oil, and forgot to put the sump plug in, then drove off and cooked the engine? What evidence do you have that the seller would have known the engine would seize/fail?
You certainly would be unwise to dispose of the car, as then you'll have no case at all, as I would expect that the seller would need to have an opportunity to inspect or to have it inspected.
How will the court know that you haven't attempted to change the oil, and forgot to put the sump plug in, then drove off and cooked the engine? What evidence do you have that the seller would have known the engine would seize/fail?
Surely the reason why so many of the car buying public prefer to go through a dealership or an established bricks & mortar trader rather than a private sale, is that with a private sale, there is no comeback or warranty?
If one test drives a car and it seems OK... then purchases the car and drives it away, the seller has sold a functioning car. The fact it was functioning well enough to get home (one assumes; the OP is vague), then around and about for a couple of days, before conking out, means the fault could then have been caused by any number of factors including user error (putting derv in a petrol tank, perhaps?).
If the car had sputtered to a halt as it drove out the gate then a refund would be quite likely forthcoming from any right-minded vendor. Even if the car was faulty unless there is clear evidence the vendor was aware of the impending breakdown and mis-sold you the vehicle. The seller could be 100% genuine, took the car for a service before selling to increase value and the mechanic might have had a liquid lunch and forgot to tighten everything up? But if I sold a car to someone, and they came back a few days later complaining of a seized engine and demanding money with menaces, I would tell them to jog on.
Also did the car in question have any service history that could be checked, or at least evidence of recent servicing i.e. dated receipts for service items?
If one test drives a car and it seems OK... then purchases the car and drives it away, the seller has sold a functioning car. The fact it was functioning well enough to get home (one assumes; the OP is vague), then around and about for a couple of days, before conking out, means the fault could then have been caused by any number of factors including user error (putting derv in a petrol tank, perhaps?).
If the car had sputtered to a halt as it drove out the gate then a refund would be quite likely forthcoming from any right-minded vendor. Even if the car was faulty unless there is clear evidence the vendor was aware of the impending breakdown and mis-sold you the vehicle. The seller could be 100% genuine, took the car for a service before selling to increase value and the mechanic might have had a liquid lunch and forgot to tighten everything up? But if I sold a car to someone, and they came back a few days later complaining of a seized engine and demanding money with menaces, I would tell them to jog on.
Also did the car in question have any service history that could be checked, or at least evidence of recent servicing i.e. dated receipts for service items?
Ahbefive said:
Surely a joke thread
Stranger things have happened.There was a case on here where the buyer claimed the car was faulty but by the time the action came to court they'd sold it. There was no evidence the fault had been fixed.
The court compensated the buyer and based the compensation on the original owners suggestion of how much it would cost to fix IF the fault was real, which he insisted it wasn't.
vsonix said:
Surely the reason why so many of the car buying public prefer to go through a dealership or an established bricks & mortar trader rather than a private sale, is that with a private sale, there is no comeback or warranty?
If one test drives a car and it seems OK... then purchases the car and drives it away, the seller has sold a functioning car. The fact it was functioning well enough to get home (one assumes; the OP is vague), then around and about for a couple of days, before conking out, means the fault could then have been caused by any number of factors including user error (putting derv in a petrol tank, perhaps?).
If the car had sputtered to a halt as it drove out the gate then a refund would be quite likely forthcoming from any right-minded vendor. Even if the car was faulty unless there is clear evidence the vendor was aware of the impending breakdown and mis-sold you the vehicle. The seller could be 100% genuine, took the car for a service before selling to increase value and the mechanic might have had a liquid lunch and forgot to tighten everything up? But if I sold a car to someone, and they came back a few days later complaining of a seized engine and demanding money with menaces, I would tell them to jog on.
Also did the car in question have any service history that could be checked, or at least evidence of recent servicing i.e. dated receipts for service items?
Lots of us scrutinise paperwork and look around the car for the obvious tell-tell signs of fictitious new cam belts, bad oil or water leaks etc.If one test drives a car and it seems OK... then purchases the car and drives it away, the seller has sold a functioning car. The fact it was functioning well enough to get home (one assumes; the OP is vague), then around and about for a couple of days, before conking out, means the fault could then have been caused by any number of factors including user error (putting derv in a petrol tank, perhaps?).
If the car had sputtered to a halt as it drove out the gate then a refund would be quite likely forthcoming from any right-minded vendor. Even if the car was faulty unless there is clear evidence the vendor was aware of the impending breakdown and mis-sold you the vehicle. The seller could be 100% genuine, took the car for a service before selling to increase value and the mechanic might have had a liquid lunch and forgot to tighten everything up? But if I sold a car to someone, and they came back a few days later complaining of a seized engine and demanding money with menaces, I would tell them to jog on.
Also did the car in question have any service history that could be checked, or at least evidence of recent servicing i.e. dated receipts for service items?
I've personally walked away from cars because I found something unreflective of the paperwork and I've never had any problems with a private sale.
Conversely, I bought an MX5 for the wife from a dealer that had a number of bodies thT turned out to be outside his warranty. So I distrust used car dealers.
Hol said:
Lots of us scrutinise paperwork and look around the car for the obvious tell-tell signs of fictitious new cam belts, bad oil or water leaks etc.
I've personally walked away from cars because I found something unreflective of the paperwork and I've never had any problems with a private sale.
Conversely, I bought an MX5 for the wife from a dealer that had a number of bodies thT turned out to be outside his warranty. So I distrust used car dealers.
dead bodies in the trunk? they must have been chopped up quite small! I've personally walked away from cars because I found something unreflective of the paperwork and I've never had any problems with a private sale.
Conversely, I bought an MX5 for the wife from a dealer that had a number of bodies thT turned out to be outside his warranty. So I distrust used car dealers.
...but I'm guessing if the engine had seized you'd have been repaired or refunded though, right?
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