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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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hi i have bought a non existent car off a car website the car

Customer Question

hi i have bought a non existent car off a car website the car was advertised through them but they say its nothing to do with them can i reclaim anything from them as they allowed the rouge seller to advertise on their site?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

hi jo, is there any way i can get my £3700 pounds back? i am wondering if the online website pistonheads can be held responsible for allowing a bogus advert for a non-existent car?


thanks keith

Expert:  Jo C. replied 3 years ago.
Is the original seller not known to you?

I suppose you must have paid somebody? Can they not be traced?
Customer: replied 3 years ago.
Hi I have transferred the money to a named account which I have passed all details to action fraud sort code acc no etc but will they act I'm not sure?
Expert:  Jo C. replied 3 years ago.
Thanks.

If you check the terms and conditions of the website that you agree to when you sign up it will say that you aren't responsible for checking the authenticity of the sellers and anything advertised.

Notwithstanding that, they have no contract liability with you with regard to the advert if you simply view it and then chose to respond.

You are also under a duty of care to check that someone selling something genuinely has it to sell and not be reckless in doing so.

There is an argument that the advertiser owes a duty of care to people reading the adverts but it would be an impractical proposition for them to check the authenticity and condition of every advertiser and every advert and every vehicle advertised for sale.

By all means issue small claims court proceedings against the website but I would not give them a greater than 50% chance of success

That said, if the police locate the person responsible for the account then you could sue him with a much better chance of success.

I'm sorry that this is bad news for you

Can I clarify anything?
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/