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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10910
Experience:  30 years as a practising solicitor.
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Hi I have just bought a vehicle 20/12/2014, driven the vehicle

Resolved Question:

Hi
I have just bought a vehicle 20/12/2014, driven the vehicle back from sellers house 140 miles, parked the vehicle on my drive until 01/01/2015 when I taxed & insured the vehicle so could legally drive vehicle.
On 1st journey to work 4 miles noticed a severe driveability issue 02/01/2015
On 2nd journey to independent Volvo specialist was told would require transmission replacement as known concern at an estimated cost of £1500 to £2000,
We looked through service history that was given to me & the seller had transmission fluid changed recently, independent laughed & said that is the 1st try at fixing issue on this vehicle, so seller obviously knew about issue.
Just wondering have I any right as it was a private sale or am I wasting my time in persuing the vehicle drove ok on*****test & vehicle does appear in otherwise good condition
Regards John
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
As this was a purchase from a private seller, you have no recourse unless the seller made a statement to you misrepresenting the condition of the vehicle AND you can prove that he know about the issue.
From the information you have provided I don't think you have any remedy here.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you for the reply

That is what I thought, its just the advert was through ebay & the description through the advert was that the vehicle drove fine without any issues.

But looking at the service history the seller had transmission oil replaced 2 days before viewing the vehicle, independent advice was the seller would have known the issue with transmission as there is no need or service schedule to change the transmission oil unless there is driveability issues with the vehicle, when asked the question the seller gave the reason that his wife was going to use the vehicle over Christmas & the new year & wanted the vehicle right for her!

I did contact ebay over the matter but the seller was very clever & knows what he is doing as when I viewed the vehicle arranged via email through ebay & left a deposit on the day of the viewing the seller then removed the vehicle from the auction without recording any transaction, they have informed me to contact the police but I just think I would be wasting the police time as I just believe seller very clever & I was gullible

All I have is the advert from ebay which states the vehicle drives in perfect condition & the service book that proves he had the transmission oil changed, the only proof I would have is if I had a written statement from him that the transmission is faulty which in his right mind he would never do but he knows that by changing transmission oil would buy him/vehicle some time

Expert:  JGM replied 2 years ago.
Yes, you're right I'm afraid. If he made no representation about the transmission you have no recourse where he is a private seller. There nothing to stop a private seller doing up a car for the purpose of a sale and not disclosing a fault. The purchaser in an ideal world should get the car mechanic checked before purchase.
JGM, Solicitor
Category: Law
Satisfied Customers: 10910
Experience: 30 years as a practising solicitor.
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