Private car purchase...any comeback ?
Discussion
Hi
I bought & paid cash for a car in a private sale yesterday, now the car was described as having 'full & extensive service history with the car', to cut a long story short basically i checked the car over & it all seemed pretty good & i saw the VW owners pack/wallet with reciepts stuffed inside of it, stupidly i did'nt check the stamps & reciepts as he told me it had last been serviced some 7 months ago & he told me when the cambelt was last changed aswell, basically i trusted what he'd told me & what he'd wrote in the ad.
When i checked all the paperwork after the sale had gone through i found there was actually no service history or reciepts for anything after 2005 (about 66k miles previously) !!
Obviously i rang him straight up questioning him about it & he told me he guarantees its been well serviced & fettled over the years by a previous owner & i should ring this place up to check myself & he would'nt accept it back as he had already cancelled his insurance & sent off the V5!!
Even if they say they've done work (which i doubt, knowing the place), surely he should'nt have advertised it as he did ??
Is this my own stupid fault for just taking his word & believing his ad or have i any comeback as i believe he's falsley advertised.
Cheers
I bought & paid cash for a car in a private sale yesterday, now the car was described as having 'full & extensive service history with the car', to cut a long story short basically i checked the car over & it all seemed pretty good & i saw the VW owners pack/wallet with reciepts stuffed inside of it, stupidly i did'nt check the stamps & reciepts as he told me it had last been serviced some 7 months ago & he told me when the cambelt was last changed aswell, basically i trusted what he'd told me & what he'd wrote in the ad.
When i checked all the paperwork after the sale had gone through i found there was actually no service history or reciepts for anything after 2005 (about 66k miles previously) !!
Obviously i rang him straight up questioning him about it & he told me he guarantees its been well serviced & fettled over the years by a previous owner & i should ring this place up to check myself & he would'nt accept it back as he had already cancelled his insurance & sent off the V5!!
Even if they say they've done work (which i doubt, knowing the place), surely he should'nt have advertised it as he did ??
Is this my own stupid fault for just taking his word & believing his ad or have i any comeback as i believe he's falsley advertised.
Cheers
DanDC5 said:
Private sale as a rule means you have little or no comeback to be honest. You pays your money you takes your chance.
Normally, I'd agree but if the seller has specifically stated (especially in writing) that it had "full and extensive service history" then I'd say you might have a chance of some comeback. Doubtful though.ETA: IANAL.
Well, usually you don't have any comeback whatsoever, unless the car has been misrepresented. If you can prove in writing that he advertised the car explicitly as having a comprehensive service history, and you can also prove that it does not, then you might have a case.
I'm not sure how strong this is, though. In 99% (probably more) of cases like this, the buyer is screwed because it is entirely their responsibility.
I'm not sure how strong this is, though. In 99% (probably more) of cases like this, the buyer is screwed because it is entirely their responsibility.
FWIW I don't think you have a leg to stand on, I spoke to Trading Standards about a missing service stamp on car purchased from a Dealer, the car was advertised as Full service history. Trading Standards basically said it was the full history they had for the car, not that the car had a full history if that makes sense?
Yeah cheers guys, that was my only hope that he'd actually advertised the car as he did with full & extensive service history, he has in my opinion mis represented the vehicle.... but i'll be the first to admit i did'nt check it out !!!
It just really annoys me that someone would do that as its not something i could ever do & i'm obviously far too trusting....lesson learned tho !!
It just really annoys me that someone would do that as its not something i could ever do & i'm obviously far too trusting....lesson learned tho !!
Yet another thread with this ridiculous question!
Why are people even asking this question?
For the benefit of you, and any dreamers, idiots, or self taught lawyers reading this thread and pondering the same question the answer is NO.
No, you do not have any come back on private car purchases (unless its stolen).
That is why you should do everything you can in advance of the purchase to satisfy yourself that what you are buying is what you want it to be. Buyer be ware.
Starting with an HPI check and VOSA MOT history check.
Check all available documents
Check chassis number.
Drive it, inspect it (if you can't do this get someone else to help you even if you have to pay).
Then, once you have done so, and decide to go ahead and pay for it - at that point you have bought it, you own it and any problems hidden within become your problems.
Why are people even asking this question?
For the benefit of you, and any dreamers, idiots, or self taught lawyers reading this thread and pondering the same question the answer is NO.
No, you do not have any come back on private car purchases (unless its stolen).
That is why you should do everything you can in advance of the purchase to satisfy yourself that what you are buying is what you want it to be. Buyer be ware.
Starting with an HPI check and VOSA MOT history check.
Check all available documents
Check chassis number.
Drive it, inspect it (if you can't do this get someone else to help you even if you have to pay).
Then, once you have done so, and decide to go ahead and pay for it - at that point you have bought it, you own it and any problems hidden within become your problems.
rallycross said:
Yet another thread with this ridiculous question!
Why are people even asking this question?
For the benefit of you, and any dreamers, idiots, or self taught lawyers reading this thread and pondering the same question the answer is NO.
No, you do not have any come back on private car purchases (unless its stolen).
Of course you do - it's just that it's extemely difficult to win and then may just as difficult to enforce even if you did win.Why are people even asking this question?
For the benefit of you, and any dreamers, idiots, or self taught lawyers reading this thread and pondering the same question the answer is NO.
No, you do not have any come back on private car purchases (unless its stolen).
OP - just how old is this car if there's a bunch of history from before 2005? Sounds like you've bought a pretty old car, so who's going to care about its history?
Deva Link said:
rallycross said:
Yet another thread with this ridiculous question!
Why are people even asking this question?
For the benefit of you, and any dreamers, idiots, or self taught lawyers reading this thread and pondering the same question the answer is NO.
No, you do not have any come back on private car purchases (unless its stolen).
Of course you do - it's just that it's extemely difficult to win and then may just as difficult to enforce even if you did win.Why are people even asking this question?
For the benefit of you, and any dreamers, idiots, or self taught lawyers reading this thread and pondering the same question the answer is NO.
No, you do not have any come back on private car purchases (unless its stolen).
OP - just how old is this car if there's a bunch of history from before 2005? Sounds like you've bought a pretty old car, so who's going to care about its history?
I think i'll just be trying to sell it on in the near future....'honestly' !!
rallycross said:
Yet another thread with this ridiculous question!
Why are people even asking this question?
For the benefit of you, and any dreamers, idiots, or self taught lawyers reading this thread and pondering the same question the answer is NO.
No, you do not have any come back on private car purchases (unless its stolen).
Completely incorrect - the goods have to be "as described". The fact it is a private sale is irrelevant.Why are people even asking this question?
For the benefit of you, and any dreamers, idiots, or self taught lawyers reading this thread and pondering the same question the answer is NO.
No, you do not have any come back on private car purchases (unless its stolen).
PS I have the benefit of an LLB
Edited by tim0409 on Friday 3rd February 14:56
toon vw said:
Its a 2001 model, & i think alot of people would care about the service history i would guess.
I think i'll just be trying to sell it on in the near future....'honestly' !!
Why? keep it a while and see what's it's like...it's a 10yr+ old VW so you hopefully haven't paid too much out on it. I think i'll just be trying to sell it on in the near future....'honestly' !!
[quote=rallycross]I hope you dont charge people for that sort of advice?(/quote)
No I don't because after finishing my degree I set up my own business in another, unrelated field.
If you are still confused, a 2 second Google has uncovered this helpful advice from Devon Trading Standards website -
"Private sales:
There are some situations where your legal rights will be reduced.
The general rule is 'let the buyer beware' when you buy from a private individual. It is up to you to find out whether the car is of satisfactory quality, to make your own checks on what you are told and to take responsibility for your choice, as the seller is not liable for the satisfactory quality of the vehicle. You are still entitled, however, to expect the car to be 'as described'. If the advertisement says '2000 Ford Focus' or 'excellent condition' then it should be exactly that. It is important to remember that it may be much more difficult for you to enforce your rights against a private individual."
In future please do a bit of research before giving "misleading" advice masquerading as fact.
No I don't because after finishing my degree I set up my own business in another, unrelated field.
If you are still confused, a 2 second Google has uncovered this helpful advice from Devon Trading Standards website -
"Private sales:
There are some situations where your legal rights will be reduced.
The general rule is 'let the buyer beware' when you buy from a private individual. It is up to you to find out whether the car is of satisfactory quality, to make your own checks on what you are told and to take responsibility for your choice, as the seller is not liable for the satisfactory quality of the vehicle. You are still entitled, however, to expect the car to be 'as described'. If the advertisement says '2000 Ford Focus' or 'excellent condition' then it should be exactly that. It is important to remember that it may be much more difficult for you to enforce your rights against a private individual."
In future please do a bit of research before giving "misleading" advice masquerading as fact.
Edited by tim0409 on Friday 3rd February 15:11
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