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Private car purchase - is the description inaccurate under the sales of goods act?


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Hi All,

 

We recently purchased a used car, which was described in the advert as being 'in very good condition'.

 

It was a private ebay sale..

 

Following collection, it was apparent that one of the door locks was defective,

 

 

the engine warning light was on and the rear wiper didn't work.

 

The seller refused to discuss the issues with us.

 

My question is,

 

 

as the item was described in the advert as being 'in very good condition'

 

 

and yet clearly wasn't,

 

 

can we use the sales of goods act to claim a partial refund as it wasn't 'as described'?

 

Thanks again

 

Searching the forums and other sites,

 

 

I haven't been able to find an answer to this question,

 

 

so I'm hoping someone here can help.

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pers I'd start an ebay dispute?

 

 

how does your ebay/paypal balance get paid too?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The Sale of Goods Act is not necessary here. The terms in question are clear in the auction.

No need to imply any terms because the ones you need about condition of the goods are expressed.

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These are things that won't be covered even under soga. The regulation states 'faults that you could reasonably be expected to have noticed'. There is no way you could miss any of the three you have described so I'm afraid this is a case of buyer beware.

 

 

and yet clearly wasn't,

 

 

How certain are you that it is a private seller? There are a lot of traders who sell on ebay disguised as a private seller.

 

 

Have you got the ebay number so we can take a look at the sale ?

Edited by Conniff
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pers I'd start an ebay dispute?

 

 

how does your ebay/paypal balance get paid too?

 

 

dx

 

Thanks for your reply. The car was paid for in cash, so no ebay dispute is possible. Lesson learned!

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Thanks for your reply Conniff. We suspected that caveat emptor would probably apply, but thought it wise to check, so thanks for clarifying. I just wondered whether we have an argument to say that the car was misrepresented, as it is inarguably not in very good condition. The ebay number is

321559303381

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BankFodder, thanks very much for your reply. Are you saying that as the car was described in very good condition and wasn't that we can make a claim for a refund based on this, or have I misunderstood you completely? Thanks again.

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What is the date on the V5 for when he bought it, and was it registered in his name?

Do you have all the past MoT certificates ?

 

The V5 acquired date was 08/08/14 and it was registered in his name, albeit with his first name spelt slightly differently to how he had signed the receipt he gave us.

 

Thanks again.

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So only owned for a couple of months. It might have been bought and when he realised he couldn't fix the faults and/or they were too expensive for a car of that age, then he sold it on. It could also have been bought specifically for cleaning up and reselling.

 

 

If you don't have all the MoT details, you can get those from the date they were computerised at http://motinfo.direct.gov.uk/internet/jsp/ECSID-Internet-Status-Request.jsp .

This won't do you any good, but you will have full mot history when you come to sell it.

 

 

Remember for the future, don't do as you did here, bought a car with no MoT or tax, (although you won't be able to buy one with tax now), no matter what the price, take it for a min 10 mile test drive, (around the block isn't enough), if whoever says 'no fuel in it' and wont let you top it up, then walk away.

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If it was sold contrary to the description, and you've informed the seller of this, and they're refusing to do anything about it, then it might be worth looking at filing a county court claim to recover the costs of any repairs that need doing.

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If it was sold contrary to the description, and you've informed the seller of this, and they're refusing to do anything about it, then it might be worth looking at filing a county court claim to recover the costs of any repairs that need doing.

 

Thanks. My question is does the seller's description of the car being in 'very good condition' and the car being sold in a private sale, allow for this to be done, or is it a case of caveat emptor?

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  • 2 weeks later...

Generally second hand cars are sold "as seen", with no warranty given or implied. Engine management light you should have seen easily when you inspected the car. Similarly the rear wiper should have been tested before any cash was handed over. Conniff is right, you should thoroughly test drive any car before purchase, get it up to 70MPH on a motorway or NSL dual carriageway if possible and see how it handles at high speed, and check everything on it including tyres, lights, washers, wipers, seatbelts, handbrake etc. Check all warning lights come on then turn off again a few seconds later when the car is started. I was looking at a BMW 320i a year or two ago, then I noticed that the SRS and EM warning lights didn't come on when the engine was started. It may have been nothing but it was entirely possible that the bulbs had been removed from behind the dash or covered over to hide potentially serious faults. Not taking the chance, walked away. It's fair to expect a few niggles on an older car but any fault could mean a potentially horrendously expensive MOT failiure in future.

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Generally second hand cars are sold "as seen", with no warranty given or implied. Engine management light you should have seen easily when you inspected the car. Similarly the rear wiper should have been tested before any cash was handed over. Conniff is right, you should thoroughly test drive any car before purchase, get it up to 70MPH on a motorway or NSL dual carriageway if possible and see how it handles at high speed, and check everything on it including tyres, lights, washers, wipers, seatbelts, handbrake etc. Check all warning lights come on then turn off again a few seconds later when the car is started. I was looking at a BMW 320i a year or two ago, then I noticed that the SRS and EM warning lights didn't come on when the engine was started. It may have been nothing but it was entirely possible that the bulbs had been removed from behind the dash or covered over to hide potentially serious faults. Not taking the chance, walked away. It's fair to expect a few niggles on an older car but any fault could mean a potentially horrendously expensive MOT failiure in future.

 

 

All true.

All that has to be remembered is they need you to buy more than you need to buy, there will be another one around the corner.

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