any legal gurus out there

[misanored]

Assuming the sale was a private one the 'caveat emptor doctrine' applies, literally translated 'buyer beware' meaning that the buyer must satisfy themselves prior to buying it.

Chances are on the reciept he has stated 'sold as seen', 'inspected by the buyer' or similar, in which case he has covered his back.

Unless he has expressly stated on the reciept, that service history is to follow, how much and from where, and by when, in which case should he fail to deliver you would have a claim against him for breach of contract.

From a logical point of view, I would only buy a car without service history, if you got it so cheap it didnt matter, and any service history that did turn up is a bonus...

Regarding previous owners, and data protection act - non sense! The previous owner is stated on the V5, if this guy's analogy is anything to go by, the DVLA are in clear breach of the data protection act!!!!

I hope that is of use!

[RichBurley]

monty1 said:

thanks,the receipt has nothing but the purchase price names adrress etc,ive just spoken to consumer direct and they have advised me he will be in breach of contract if he cannot supply the massive fsh as described in his advert,apparently there has been a change in the law,the misrepresentation act of 1967 comes into play,i have a witness who was there when we discussed the fsh.

sold as seen no longer has the strength it used to have,if you state anything in your sales ad it must match otherwise its misselling and could be fraudulent(consumer directs info)

tony

I still doubt that you have any recourse in this matter. The ad said one thing, you went to see the car, you bought the car without first having the service history in your hand. When you then hit a wall in terms of part of the service history, after you had bought the car, you complained. I don't see any action here. Anyway, what loss has it cause you? The difference in the value of a car with fsh and part sh. But only if you can prove that it should have had fsh. But the facts of the case appear to show that it wasn't solf with fsh...

[RichBurley]

monty1 said:

it was sold with fsh as per his ad and our conversation,i didnt complain as such i just want what was agreed,he has misdescribed his car in his ad and then lied to me re the service history,the most anoying thing in all of this is he's a police officer,weve had the car 3 weeks and he still hasn't posted the logbook(dvla confirmed) and he's ignoring my txts and calls.



tony

Do you KNOW he's a police officer? Maybe that is part of his lie!

[stockhatcher]

is the car a pile of st? is it breaking down, or leaking, or blowing out black smoke? does it fail to start every time? does the oil look dirty for its age, do the pedal rubbers and seat backs look inconsistent with the mileage... No...???

then what the fk are you whingeing about?

You have buyers remorse... get over it!

[john_p]

If it was sold with FSH - did you ask at the time of sale whether it had the book stamped? Has it?

[Zod]

misanored said:

Assuming the sale was a private one the 'caveat emptor doctrine' applies, literally translated 'buyer beware' meaning that the buyer must satisfy themselves prior to buying it.

caveat emptor does not exclude a misrepresentation claim.

[bolide]

If you bought it with "lost history" then you got what you paid for. Your subsequent failure to obtain the history isn't the vendors problem

[christer]

I don't know the age of the car or the mileage it has done since Nov 07, but these days the car may not have needed a service in that time........thats the best case, the worst case is that you have a gap of 23 months and you can get it serviced now to keep the stamps up. Depending on the age and mileage of the car I wouldn't have a problem with a 23 month gap knowing that my own 550M Sport tells me that it only needs an oil service every 17k miles.... (although I get it done more often tbh)

Maybe some more details from you and less pointless hostility from other members of the forum could let us progress in a constructive manner?

[bazking69]

You bought a car on the 'promise' that it has FSH...
Mug.
No comeback. Sorry.

[Vee]

bazking69 said:

You bought a car on the 'promise' that it has FSH...
Mug.
No comeback. Sorry.

Is that really necessary ?
The guy is simply asking for advice.

Personally I'd take the adverts and any other evidence and see if there was the possibility of recourse through the small claims court. Yes it's hassle but the guy shouldn't get away with it.

[bazking69]

Harsh maybe but brutally honest and fair. I simply cannot believe that people don't check that stuff adds up BEFORE they buy and take the word of someone THEN moan about being hard done by afterwards.

I'm sorry but it is the responsibility of the buyer to check that everything is in order and they are happy before handing over cash or at least making an offer based on the facts as they stand. Would you do an HPI check AFTER buying a car privately? Would you pay to dollar for a car that doesn't have paperwork to back up the mileage?

For christ sake. You are buying from a stranger. Someone who simply wants to sell a car, not be your mate for life.

I went to see a car a couple of weekends ago. 2000MY car. The advert said FSH. The reality was a book stamped in 2002, 2003, 2005 and 2009, with no paperwork to back up those services anyway.

[bazking69]

monty1 said:

partsguru and bmw dealerships have confirmed services so ill just have the hassle of sending of a new book and getting them stamped.

So are you now saying that everything the seller said does check out and the car does have a FSH or at least the service history that the advert implied?

Edited by bazking69 on Wednesday 21st October 14:03

[1]

monty1 said:

his words,(its all stamped but it was lost but the car has a massive history from bmw)

So he didnt actually say FSH when you met him?

I will be surprised if the advert is proof you had a contract with him. I have advertised cars with a certain mileage which is a few thousand more by the time I actually sold the car. Surely the contract is made at point of sale? Can he not just say he thought it was FSH when he advertised it but he told you it was only part history when you viewed the car?

[superlightr]

monty1 said:

so i have a strong case,



ps i may of slipped up not having the service book but partsguru and bmw dealerships have confirmed services so ill just have the hassle of sending of a new book and getting them stamped.

and one thing im not is a mug try showing some respect to someone who is trying to seek advice from people who may be able to help him.


regards tony

Strong Case, how many times have I heard that one. Its only a strong case in your view or your legal bods view which is often a load of bluster. Im sure an opposite view could also be viewed as a strong case of a defence by said inclinded legal bod.

I would suck it and learn buy it. Why on earth you would not check the documents before buying privately is undefencable imho