private car sale - what are your rights?

majee

Registered User
Messages
141
some friends of mine purchased a car privately in the last week and were very pleased with it until this week it started to 'chug'. A buddy of theirs who is good with cars told them the clutch is shot and they need to get it replaced. Are they wasting their time getting in touch with the guy they bought it from? They are hoping at a min he might meet them half way on it in terms of cost.

majee
 
Reckon its tough luck, should have gotten the car checked before they bought it.
 
Unfortunately its very much caveat emptor in these scenarios.
From the CAI website:

I bought a second-hand car privately through a small ad in the newspaper. The ad claimed the car was in perfect condition, but now, two weeks later, it has broken down. Can I claim a refund because the product was not as advertised?

When you buy a car from a dealer or a garage, you have certain consumer rights that protect you if the car is not of merchantable quality, not as advertised, or not fit for its purpose. Unfortunately, if you buy from an individual who isn’t in the trade, the transaction is not a contract between a business and a consumer, but a deal between two individuals. This means you have very little legal protection if the car turns out to be faulty, as the purchase falls outside the scope of consumer law. Your only right to redress in this case is if the car was sold with a defect that would endanger those driving it. For these reasons, if you buy a used car privately, never ever hand over payment until you are absolutely sure about the car’s condition, because you are very unlikely to have any comeback afterwards.
 
the car had just passed NCT and I guess they thought that was a good basis for buying it. Are the NCT gang required to pass on this info? Surely, if a half decent mechanic can pick it up, the NCT boys should have as well? Unfortunately though it's as I suspected, they'll be lucky if the seller entertains them at all.

thanks for the replies,

majee
 
Are the NCT gang required to pass on this info?

No, they will not pass on any such info. Your friend only noticed it a week after buying it, how would an NCT tester be expected to notice it in driving it 200m or so?

The NCT should never be taken as proof that a car is in good condition.

Unfortunately though it's as I suspected, they'll be lucky if the seller entertains them at all.

They'll be very, very lucky!
 
I sold a car a while back to someone. He called back to my house about a week later saying the clutch was gone. I gave him some money towards it prob about half the cost as far as I can remember. Low and behold heard that he was doing doughnuts the day before and wrote the car off a week later. You could go back to him and say it and see, anyone decent should contribute though IMO
 
anyone decent should contribute though IMO

Disagree.
The seller (like you) probably didn't know the clutch was going to go.
The buyer should have got it inspected properly.

If you want comeback on a car then go to a dearler - that's why private sales are generally cheaper - you have no warranty.
 
Man I wish I bought my car off you Deb :D

Its grey area, unless you sold the car withholding knowledge that something was wrong with it you aren't liable as a seller. How a person can prove you knew something was wrong, your guess is as good as mine.
 
Back
Top