Hope for private buyers

MissMoppet · 29th December 2018, 15:58

Disgruntled readers may like to know that I have recently been told by RAC Legal Services - who should know more about motoring law than anyone else - you do have a right to claim against a private seller for purchasing a defective car if you can prove it was in a dangerous condition. Those with good memories may recall my V6 had a split tyre, leaking brake pipes, corroded brake pipes + a split drop-link boot, leaking shock-absorber and broken spring. Just make sure you photograph everything and retain spare parts and get a report from a qualified garage.

75c · 29th December 2018, 16:04

Having rights is one thing, enforcing them is another.

Suing someone in small claims or on moneyclaimonline and getting the judgement is the easy part.

Getting the money off someone who is either determined not to pay or has no assets is where it gets expensive and difficult. Believe me, I know. I got a ccj against a seller three years ago and still havent had a penny.

I'm surprised rac didn't tell you that its also a criminal offence to sell a car in an unroadworthy condition.

bl52krz · 29th December 2018, 16:13

Then after you have got the judgement, if it is not paid within a reasonable time, you bring in the bailiff’s. If they have got no property or money, then you can watch out for them yourself, and wait to strike again. That’s if they are not to far away from you. Should not really say this, but, someone many years ago ,did the dirty on me. Suffice to say it cost them more than me one night. Say no more. Two wrongs don’t make a right, but I felt better watching.

tantallon · 29th December 2018, 16:22

Quote:

Originally Posted by bl52krz

Then after you have got the judgement, if it is not paid within a reasonable time, you bring in the bailiff’s. If they have got no property or money, then you can watch out for them yourself, and wait to strike again. That’s if they are not to far away from you. Should not really say this, but, someone many years ago ,did the dirty on me. Suffice to say it cost them more than me one night. Say no more. Two wrongs don’t make a right, but I felt better watching.

The law is an ass but it has to be adhered to .
If and a big if you decide to take the law into your own hands an open forum is not the place to publicise it.

vacuman · 29th December 2018, 16:46

Would you not have to prove that the seller was aware of the faults? Most people have no idea about their tyres for example other than they are not flat.
How many owners regularly check their entire brake system 'just in case' etc.

That's why we have MOTs they would argue. And, by definition, anyone who rocks up with a car that then fails, you could argue, were or had been knowingly driving a car in a dangerous or defective condition.

Plus, did your private sale receipt say that it was purchased 'as seen & inspected'?

Good luck with your claim but I would suggest 'caveat emptor' takes priority over anything the RAC might tell you unless you have, as I said, evidence that the buyer was aware and/or warranted the car as free from faults.

tantallon · 29th December 2018, 17:34

Quote:

Originally Posted by vacuman

Would you not have to prove that the seller was aware of the faults? Most people have no idea about their tyres for example other than they are not flat.
How many owners regularly check their entire brake system 'just in case' etc.

That's why we have MOTs they would argue. And, by definition, anyone who rocks up with a car that then fails, you could argue, were or had been knowingly driving a car in a dangerous or defective condition.

Plus, did your private sale receipt say that it was purchased 'as seen & inspected'?

Good luck with your claim but I would suggest 'caveat emptor' takes priority over anything the RAC might tell you unless you have, as I said, evidence that the buyer was aware and/or warranted the car as free from faults.

Unless the seller is qualified in motor vehicle inspection his word as a non "focal point of technical expertise"is as good as yours .Everyone has the opportunity to employ said person to inspect on their behalf .Im afraid the RAC are misleading you .Save your money on legal representation and fix the car.

Les4048 · 29th December 2018, 17:43

I can only agree with post 5 and 6. I doubt very much you’ll get any money back despite what the RAC have told you. One lesson to learn though is get any potential purchase checked by someone who knows what they’re doing as it’ll save all the hassle you’ having now

LeRich · 29th December 2018, 20:31

If you buy a car privately then it's buyer beware. If you want greater assurance, go and pay an extra 10-20% from a trader.

SCP440 · 29th December 2018, 21:37

The problem I have come across on numerous occasions some used cars buyers seem to think they are getting a new car for used car money.

I remember a Galaxy I sold a few years ago that was advertised very accurately and every scratch an imperfection was photographed.

The winner of the auction (£520 with 12 months MOT) arrived less than 2 hours after the sale had ended and then started going through the car with a fine tooth coombe. The only thing he could find wrong was the rear screen wash didn't work and he wanted a discount and then asked for the petrol money as he lived 100 miles away.

If you buy a car from a private seller you take your chances and if you want a warranty buy from a trader.

MSS · 30th December 2018, 09:42

The advice given to the OP is correct. You have a right to claim anything against anyone. The question is whether the claim will succeed and unless the private seller sold the car on the basis of positive misinformation, I doubt that would be the case.

29th December 2018, 15:58	#1
MissMoppet Posted a thing or two R 75 Tourer diesel Conny 2002, V6 Conny saloon petrol 2003 Join Date: Mar 2013 Location: Taunton Posts: 1,129 Thanks: 212 Thanked 406 Times in 223 Posts	Hope for private buyers Disgruntled readers may like to know that I have recently been told by RAC Legal Services - who should know more about motoring law than anyone else - you do have a right to claim against a private seller for purchasing a defective car if you can prove it was in a dangerous condition. Those with good memories may recall my V6 had a split tyre, leaking brake pipes, corroded brake pipes + a split drop-link boot, leaking shock-absorber and broken spring. Just make sure you photograph everything and retain spare parts and get a report from a qualified garage. __________________ Rover 75 Tourer Conny 2002 remapped 160 auto, R75 V6 2.5L auto Connoisseur 2003

29th December 2018, 16:13	#3
bl52krz This is my second home Rover 75 cdt club + Rover 2.5 KV6 Conni SE Join Date: May 2008 Location: Birmingham Posts: 11,394 Thanks: 6,587 Thanked 2,262 Times in 1,729 Posts	Then after you have got the judgement, if it is not paid within a reasonable time, you bring in the bailiff’s. If they have got no property or money, then you can watch out for them yourself, and wait to strike again. That’s if they are not to far away from you. Should not really say this, but, someone many years ago ,did the dirty on me. Suffice to say it cost them more than me one night. Say no more. Two wrongs don’t make a right, but I felt better watching. __________________ Great Barr, Birmingham.

29th December 2018, 16:46	#5
vacuman Gets stuck in MG ZT-T Join Date: Feb 2017 Location: St Albans Posts: 855 Thanks: 69 Thanked 236 Times in 172 Posts	Would you not have to prove that the seller was aware of the faults? Most people have no idea about their tyres for example other than they are not flat. How many owners regularly check their entire brake system 'just in case' etc. That's why we have MOTs they would argue. And, by definition, anyone who rocks up with a car that then fails, you could argue, were or had been knowingly driving a car in a dangerous or defective condition. Plus, did your private sale receipt say that it was purchased 'as seen & inspected'? Good luck with your claim but I would suggest 'caveat emptor' takes priority over anything the RAC might tell you unless you have, as I said, evidence that the buyer was aware and/or warranted the car as free from faults. __________________ • This vehicle was the 8,186th ZT-T to run off the production line, out of 8,249 • This vehicle was the 1,723rd ZT-T 190 + to be made out of 1,756 • This vehicle was the 149th ZT-T in Mica Blue (Ignition) (code: JGY) to be made out of 160 Mica Blue (Ignition) ZT-Ts

29th December 2018, 20:31	#8
LeRich Posted a thing or two Rover 75 Cont SE 1.8T Join Date: Aug 2010 Location: Cheshire Posts: 1,082 Thanks: 215 Thanked 232 Times in 178 Posts	If you buy a car privately then it's buyer beware. If you want greater assurance, go and pay an extra 10-20% from a trader. __________________ Rover 75 1.8T Contemporary SE Auto Starlight Silver MBB

29th December 2018, 16:04	#2
75c Gets stuck in Rover 75 Saloon Join Date: Feb 2018 Location: Belfast Posts: 601 Thanks: 150 Thanked 294 Times in 190 Posts	Having rights is one thing, enforcing them is another. Suing someone in small claims or on moneyclaimonline and getting the judgement is the easy part. Getting the money off someone who is either determined not to pay or has no assets is where it gets expensive and difficult. Believe me, I know. I got a ccj against a seller three years ago and still havent had a penny. I'm surprised rac didn't tell you that its also a criminal offence to sell a car in an unroadworthy condition.

29th December 2018, 17:43	#7
Les4048 This is my second home Rover 75 Tourer/ MG ZT-T 400 Join Date: May 2012 Location: Lhanbryde Posts: 3,278 Thanks: 2,627 Thanked 1,523 Times in 869 Posts	I can only agree with post 5 and 6. I doubt very much you’ll get any money back despite what the RAC have told you. One lesson to learn though is get any potential purchase checked by someone who knows what they’re doing as it’ll save all the hassle you’ having now

29th December 2018, 21:37	#9
SCP440 I really should get out more....... MG ZT-T 260 Join Date: Feb 2016 Location: Witney Posts: 2,504 Thanks: 6 Thanked 910 Times in 571 Posts	The problem I have come across on numerous occasions some used cars buyers seem to think they are getting a new car for used car money. I remember a Galaxy I sold a few years ago that was advertised very accurately and every scratch an imperfection was photographed. The winner of the auction (£520 with 12 months MOT) arrived less than 2 hours after the sale had ended and then started going through the car with a fine tooth coombe. The only thing he could find wrong was the rear screen wash didn't work and he wanted a discount and then asked for the petrol money as he lived 100 miles away. If you buy a car from a private seller you take your chances and if you want a warranty buy from a trader.

30th December 2018, 09:42	#10
MSS This is my second home Rover 75CDT, Jaguar XF-S 3.0V6, V'xhall Omega V6 Estate, Twintop 1.8VVT, Astra Estate and Corsa 1.2 Join Date: Dec 2007 Location: Suffolk Posts: 7,085 Thanks: 283 Thanked 624 Times in 440 Posts	The advice given to the OP is correct. You have a right to claim anything against anyone. The question is whether the claim will succeed and unless the private seller sold the car on the basis of positive misinformation, I doubt that would be the case.