Bought defective car, my rights?
Discussion
Hello everyone,
I've bought a vehicle from a trader whom is well established (has his own website, pitch ect) but works alone. There was a car on auction via ebay which i wanted, the car had some defects which he mentioned.So i asked him if he could deliver the car which he did (200 mile trip)
Due to insurance purposes i couldn't test drive the car, but he drove me around in it as a passenger for around 10 miles & everything seemed fine.
He did tell me the car was sold as seen as it was a 'trade sale' but i have no paperwork to prove this, and i paid him via bank transfer into his personal account & not his business account. I have no receipt of the sale happening other than the green slip from the logbook.
Upon starting the car this morning, it idles rough & smokes, and there is a slight clunk from the suspension & vibration on braking.
Do i have a chance at returning the car & getting my money back as im very dissatisfied with it?
I've bought a vehicle from a trader whom is well established (has his own website, pitch ect) but works alone. There was a car on auction via ebay which i wanted, the car had some defects which he mentioned.So i asked him if he could deliver the car which he did (200 mile trip)
Due to insurance purposes i couldn't test drive the car, but he drove me around in it as a passenger for around 10 miles & everything seemed fine.
He did tell me the car was sold as seen as it was a 'trade sale' but i have no paperwork to prove this, and i paid him via bank transfer into his personal account & not his business account. I have no receipt of the sale happening other than the green slip from the logbook.
Upon starting the car this morning, it idles rough & smokes, and there is a slight clunk from the suspension & vibration on braking.
Do i have a chance at returning the car & getting my money back as im very dissatisfied with it?
I think by you saying it had a few faults and you were OK to buy blind it's giving the impression that you've spent less than a grand on this car. I dont know if that's true, but that's how it reads.
I think under a grand if it starts, stops and turns then anything else is just the way it is.
In terms of rights, assuming all of the above to be correct, best I'd hope for would be to have a word with the seller and see if they have anything you can swap it for that's in a bit better condition (it was a trader right?) and expect to pickup the cost of fuel both ways.
I think under a grand if it starts, stops and turns then anything else is just the way it is.
In terms of rights, assuming all of the above to be correct, best I'd hope for would be to have a word with the seller and see if they have anything you can swap it for that's in a bit better condition (it was a trader right?) and expect to pickup the cost of fuel both ways.
the car was £6000.
He did state that the car was a PX to clear & it would be sold as seen, as said i have no recept to prove he sold it to me. But with him being a trader i'm just wondering if i have a leg to stand on, i've tried contacting him & he's stating that there are no issues with the engine or vibrations that he noticed. He's saying i was happy with the vehicle at the time of sale & that i was aware it was 'as seen'. Doesn't seem like im going to get any help from him!
He did state that the car was a PX to clear & it would be sold as seen, as said i have no recept to prove he sold it to me. But with him being a trader i'm just wondering if i have a leg to stand on, i've tried contacting him & he's stating that there are no issues with the engine or vibrations that he noticed. He's saying i was happy with the vehicle at the time of sale & that i was aware it was 'as seen'. Doesn't seem like im going to get any help from him!
At what point did you become aware that the car was 'sold as seen'? I'm wary of that phrase, even though it may have no basis in law, as it means you'll have a bloody hard time getting your money back or the car fixed if it turns out to have a major fault.
Especially if the seller is 100 miles away.
Especially if the seller is 100 miles away.
He didn't mention it idles rough & smokes on startup, nor did he mention the clunking suspension or vibration on braking.
He let me look around the car & do what i needed to do then asked me if 'i like it enough to buy it'. I said yes, then he stated 'its sold as seen so make sure you're happy with everything'. Before he delivered the car he did mention it'd be sold as seen.
I read somewhere that supposedly that a trader cant sell a car to somebody 'as seen' which is why i'm wondering if im not totally left in the dark. I don't have any receipt or proof that he sold the car to me other than the car being on his ebay.
He let me look around the car & do what i needed to do then asked me if 'i like it enough to buy it'. I said yes, then he stated 'its sold as seen so make sure you're happy with everything'. Before he delivered the car he did mention it'd be sold as seen.
I read somewhere that supposedly that a trader cant sell a car to somebody 'as seen' which is why i'm wondering if im not totally left in the dark. I don't have any receipt or proof that he sold the car to me other than the car being on his ebay.
Given that you bought it with issues would suggest the car was at the bottom of its market and not minty fresh. Which does suggest that you could invest a little money getting it fixed and still have no more money in the car that what you would have paid for the equivalent car at the top of the price range.
Its a route I have taken as it tends to be quicker than a long drawn out b
hing fest, and you still have a car that you wanted which now works the way it should. I have bought "sold as seen" from dealers because the car in question was cheaper, cheaper for a reason. Predictably problems raise their head and I crack on with getting them fixed.
Its ultimately an agreement between two sensible men. He sells cheap (for a reason) and I agree I'm on my own after purchase, works out well for anyone with common sense.
Its a route I have taken as it tends to be quicker than a long drawn out b
hing fest, and you still have a car that you wanted which now works the way it should. I have bought "sold as seen" from dealers because the car in question was cheaper, cheaper for a reason. Predictably problems raise their head and I crack on with getting them fixed.Its ultimately an agreement between two sensible men. He sells cheap (for a reason) and I agree I'm on my own after purchase, works out well for anyone with common sense.
A couple of observations:
1) It doesn't matter what account you paid in to or anything else. The guy is in the trade, and he is not able to sell privately as a way of avoiding his trade obligations.
2) You seem to have had many health warnings to make sure you are happy before purchasing, and I am amazed that you really think you should be able to back out in some way.
3) There is no such thing as a trade sale to a non trade buyer. However, courts are likely to consider the value paid and received, and the circumstances of the sale.
If it were me, I would ring him up and see if he is prepared to do something for you, at least to get the car running ok. That assumes you didn't pay £6k for a £20k vehicle!
1) It doesn't matter what account you paid in to or anything else. The guy is in the trade, and he is not able to sell privately as a way of avoiding his trade obligations.
2) You seem to have had many health warnings to make sure you are happy before purchasing, and I am amazed that you really think you should be able to back out in some way.
3) There is no such thing as a trade sale to a non trade buyer. However, courts are likely to consider the value paid and received, and the circumstances of the sale.
If it were me, I would ring him up and see if he is prepared to do something for you, at least to get the car running ok. That assumes you didn't pay £6k for a £20k vehicle!
None.
He advised you there were some defects
he advised you to make sure you were 100% happy with it before purchase as no from of warratny was offered because;
You paid into his private account
You have no recpeit or Invoice from his business, only the new keeper section of the V5
It's a private sale and the value of secondhand goods reflects the fact that you may have to pay out to repair them.
He advised you there were some defects
he advised you to make sure you were 100% happy with it before purchase as no from of warratny was offered because;
You paid into his private account
You have no recpeit or Invoice from his business, only the new keeper section of the V5
It's a private sale and the value of secondhand goods reflects the fact that you may have to pay out to repair them.
mnkiboy said:
Looking at the OP's previous posts, he is a trader as well. He also got in to a situation a short time ago where he bought another faulty car from a home trader. Despite all this, he appears to be somewhat nieve when purchasing vehicles.
OP - are you a trader? As having now looked at the posts mentioned above it certainly looks like you one. Your legal standing is completely different if you are a trader and so is very relevant to advice that others are likely to give.unrepentant said:
This is fking hilarious.
The OP is a wannabee trader who clearly has no knowledge or skill. Look at his previous threads. The OP is exactly the sort of trader that he's (frequently and repeatedly) on here complaining about!
Not just on here! Google his user name...page after page of moaning about carsking hilarious.The OP is a wannabee trader who clearly has no knowledge or skill. Look at his previous threads. The OP is exactly the sort of trader that he's (frequently and repeatedly) on here complaining about!
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