2nd hand car+rights

[dariuscork]

A friend of mine recently bought a 2nd hand car from a guy who sells cars for a living,unfortunately she got no guarantee with it, the car is 3 years old,lately it has not been driving well and she got an independant mechanic to look at it and it transpires that the back axle has been damaged a long time well before she bought it,what rights has she in relation to repair? as he is not accepting responsability.

 

[Smashbox]

Is this guy a private seller or a dealer?

You have very few legal rights if you have bought the vehicle from a private seller rather than a dealer.

 

[Padraigb]

If the defect makes the car unsafe, the law is clearly in your friend's favour. Sec 13, par (2) of the Sale of Goods and Supply of Services Act 1980 provides:

Without prejudice to any other condition or warranty, in every contract for the sale of a motor vehicle (except a contract in which the buyer is a person whose business it is to deal in motor vehicles) there is an implied condition that at the time of delivery of the vehicle under the contract it is free from any defect which would render it a danger to the public, including persons travelling in the vehicle

You can read it in context here: http://www.irishstatutebook.ie/1980/en/act/pub/0016/index.html

 

[dariuscork]

Thanks appreciate the information.