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Was in mis-sold private car?


jack-tkd
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Hi,

 

I would be really greatful for some advice. Sorry this is a little long winded.

 

I recently purchased a a car from a private seller. I saw the car being advertised online, and contacted the seller, and agreed on a price. In his description, he stated that the car was "in overall good condition but had some scratches as would be expected in a car of its age (8 years)". I was ok with this, as I knew that having some sections of the car professionally re-sprayed would still be inkeeping with my budget.

 

I decided to take the car to a bodywork specialist today, and see about getting some of those sections re-sprayed. However, the specialist informed me that they were not scratches, they were in fact cracks in the paintwork, caused by a previous poorly done full car re-spray(s), and that left untreated, it will get progressively worse.

 

The only guaranteed solution is to take it back to the bare metal and respray, which would cost £2500.

 

When I informed the seller and asked for some assistance in paying for repair, he stated that he is not a car specialist, and did not know about this issue, and therefore is not accountable.

 

Do I have a case against him?

 

Even if he did not know about the car's re-spray history, he still gave wrong information. Likewise, if he was not in a position to do so, should he have made statements on its condition?

 

I know that rights are limited with private sales, but doesn't this breach the requirement that items are as described?

 

Also, I live in Scotland, and traveled to England (where the seller lives) to buy the car. Does this affect the claim process?

 

Thanks in advance

Edited by jack-tkd
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Asuming it is a genuine private seller, ie his car in his own name from his own private address which is the same address on the V5 you looked carefully at before buying, then no you have no recourse. A private seller is not deemed to be an expert and any information about bodywork/paint is matter of personal opinion. I don't think they have mis sold or mislead you in any way at all. All bodyshops will always recommend a complete bare metal respray. Good eraner for him. Unless it looks awful, in which case I woudln't have bought it, I would just leave it alone.

 

You could have taken a qualified person with you to inspect the car in which case they may have advised you as to the paints condition.

 

You did of course do an HPi check before buying to see if has been a write off?

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Thanks for the reply.

 

Yes, he was genuine, and his address matched the v5. I also did an HPi before buying.

 

So what would constitute a car not being as described? I thought that stating that the markings were scratches due to normal ageing (rather than as a result of a major procedure poorly carried out on the car), would fit into this category?

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I know what you are saying. But in reality he may not have known. I have had a car with a different colour rear wing for two years. Only when I went to trade it in was it pointed out to me and then it was blindingly obvious. And I am normally the one who spots those sort of imperfections! It is of course possible that he knew, but TBH I think he has described it with good intention. Many don't mention damage at all. Bear in mind that just because this expert sprayer says one thing, doesn't mean that someone else won't say something completely different. Note the use of their word 'guarantee'. In realitry, the only way to guarantee a new spark plug will be ok is if you replace the whole engine really. Not necessary though, just a new spark plug usually does the job and a differnt sprayer with a little more 'street cred' will probably blow that over for you for £100 or so.

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