What's 'included' when buying a car? Advice sought.

[simonpa]

I've agreed to buy a car from a private seller and agreed a price, effectively 'as seen' but with little details in the email and text chains apart from the AutoTrader description, looking at paperwork, etc., followed by a handshake. I checked the service history with the dealer and the other history including insurance history/finance/etc. online.

All is fine with the car, but now that I have paid for the car in full, the seller is saying that the 8 months road tax (that was on the car when I saw it) will cost me an extra £320 if I want it.

I have mailed him back to say that it is a material change to our agreement and that he is welcome to back out and refund me in full, but do I have a legal right to the tax, if it was not actually mentioned?

I do have a copy of the DVLA details for the car, which includes mention of the duty not being liable until September.

Any advice welcome!

[Bill]

I'd say that was pretty cheeky. Does it mention how much tax is left in the ad?

[V8RX7]

What does the ad say ?

Other than that it's what you agree.

But I'd expect the tax to be included if it was on the screen or mentioned in the ad.

However you have to option to walk away if you're not happy

[Ozzie Osmond]

Don't stand for any nonsense. Car includes tax disc, fuel remaining in the tank etc IMO.

Without a tax disc the car isn't a "car" because it can't be driven on the road. If you bought a "car", as opposed to a SORNed vehicle, you expect to get the remaining tax disc which was on it.

[Tampon]

I have had this before, bit of a st thing to do by the seller but times are tough.

If it were me I would look at the ad, if it is sold with MoT and tax then that's part of the agreement and stick to your guns/ wack a small claims court file in after the sale.

If there is no mention of it in the ad then technically it isn't in the sale, so you have two options take the car pay the tax ( either to him or to the dvla ) or walk away out of principle and fight for return of your money. Either way it is bad form of the seller but sometimes you have to just take it and wipe your mouth and move on.

I would argue the point, maybe offer him a "offer" on the tax, if not tell him to keep the tax out of principle and pay for it through the Post office. More work for you but also for him, and that would make me happier.

[New POD]

If, on any of the adverts it stated "8 months tax" or if in any conversation you said "ah it has 8 months tax" then It's definitely included. The fact that it had a tax disc, and was part of what was viewed makes it implicit, that it should be included, and he's an arse for wanting the extra. Stand your ground politely but firmly.

[Scootersp]

How exactly have/did you paid for the car in full?

How far from you is the/your car!

[POORCARDEALER]

Happens all the time in the trade, ie when customers are part exing in, not a problem if they tell you before negotiating starts.

Tell him deals off if he doesnt incude it...he sounds like a tt

[Pablo16v]

As others have said it would be good to know what was in the Autotrader ad. Personally I've never had something like this happen on a private sale before, the tax has always been part of the deal. If the seller wanted to charge extra for the tax then he should've made you aware of the fact at the very start of your negotiations, so I'd be telling him politely...no.

[simonpa]

No mention of the tax in the AutoTrader details, but it doesn't say it come with windscreen wipers or wheels either:
"2007 Full Service history, comprehensive warranty until July 2014. In perfect condition. Bluetooth with voice control. Clear rear lights. 58,000 miles, 19" 7 spoke alloy wheels with Bridgstone potenza tyres in good condition, Heated front screen, Black brake callipers, Obsidian black leather with silver course stitching,, SILVER, Next MOT due 30/11/2014, Full service history, Electric windows, Air conditioning, Satellite navigation, Parking aid, CD player, Heated seats, Metallic paint, Power steering, Steering wheel rake adjustment, Cruise control, Traction control, Central locking, Alarm, Immobiliser, Driver's airbags, Passenger airbags."

No mention of tax in the AutoTrader standard text.

Payment was by bank transfer as deposit then balance today.

Ozzie - good point - will mention that to him if/when he replies.

[Butter Face]

Bit of a ttty move TBH.

If I was buying from a private seller I would expect the tax on the screen to come with the car unless otherwise stated in the ad. Simple as that.

To ask for the money after a deal has been made makes him look like a pillock.

[rowanxx]

'As seen' so if you viewed it with the tax disc on, its included, right? ;D

[Butter Face]

Can I assume that this is not a cheap car (I'm thinking Aston??) and therefore £300 isn't mega money in this deal?

I'd be quite frank with the seller that I expected the tax on the screen as part of the deal as it was never mentioned otherwise?

[av185]

Unless he stated the tax was included you will struggle IMHO.

The only other option is looking closely at the Autotrader photos of the car to see if their is a tax disc in the screen........

[simonpa]

It's not the amount (a bit over 1% of the agreed price), it's the principle that irks
I'll see what he responds with and maybe make an offer.

It's a bit of bad move on his part, IMO, as he is only 9 miles away and is a builder catering to his local community.

Thanks for the advice/comments!

[randomman]

This car is circa £300,000?

[johnnyBv8]

randomman said:

This car is circa £300,000?

You should have concentrated a little more at school!

[johnnyBv8]

Definitely a sneaky tactic by the seller - not really reasonable. Not sure that there's much you can do now you've paid the full amount. I wouldnt buy the tax off him though...make him reclaim it on principle! Congrats on your new car though....Vantage or DB9? I really like my Vantage!

[simonpa]

Vantage, of course!

I've had Caterhams for the last 17 years, but earlier this year SWMBO said no more tours in a 7 (this was after 5 days and nearly 1000 miles in the cold & rain in NI, so she had a point).
Thought long and hard about the options for a more sensible/reliable/comfortable car and fulfilled a lifetime ambition at the same time.

[randomman]

johnnyBv8 said:

You should have concentrated a little more at school!

st! Of all the things to typo an extra fricking 0!

£30,000

Either way, its cheeky, I agree.