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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10343
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I bought a car from the side of the road, from a private seller.

Resolved Question:

I bought a car from the side of the road, from a private seller. He owned the car for two years. The first time I drove the car, the engine management light came on and the car went into limp mode. Can I pursue him through a small claims court for costs to the vehicle. I have a huge bill. He told me I have no rights and he is not liable for anything. He said the car was sold as seen and he is under no obligation to pay me anything. Is he right?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Unfortunately the main principles of the Sale of Goods Act do not apply to private sales and thus you have far less protection. There is no right that the vehicle must be of satisfactory quality nor fit for the purpose. The only possible recourse you may have is if the owner has misrepresented something to you.

By this I mean a Seller is not allowed to lie to you about the condition of the car if you asked him specific questions. If the Seller basically said nothing to you and relied on yourself inspecting the car, you would not have grounds for misrepresentation.

If he die lie to you, you would have to issue court proceedings against him through the Government's online service moneyclaim- https://www.moneyclaim.gov.uk/web/mcol/welcome

I hope this assists you and sets out the legal position.

Kind Regards

Al

Customer: replied 1 year ago.

For Aston Lawyer.

I am of the opinion that he lied to me. He told me he knew of no faults, electrical, mechanical or otherwise. He told me the car was in good running order when he sold it to me, reliable etc. He said he no longer needed it as he had a works van and keeping the car was an expense he didn't need. I had a five minute test drive in a built up, busy area before purchase, the day after purchase, it went into limp mode as soon as the engine was warm on a dual carriageway drive. I am unconvinced he didn't know this would happen.

Expert:  Aston Lawyer replied 1 year ago.

Hi,

Well, if he lied to you, you would have a case.

If you were to issue proceedings, it would be your word against his, and the court would need to choose who it believes and who said what.

I would suggest that you write him a letter, explaining that you have taken legal advice, and that unless he pays what you have requested, you will be issuing small claims County Court proceedings against him on the grounds of misrepresentation.

Good luck!

Kind Regards

Al

Customer: replied 1 year ago.

I have already done so. He still maintains he knew nothing about any faults. I told him in my letter that my mechanic said it's not possible. He is unfazed, he said in his return letter he is not obliged or liable. Is this true? I am only looking for half the amount £425, the works were £850.00....... he took £4,600 of my money for this car.

Expert:  Aston Lawyer replied 1 year ago.

Hi,

IF he didn't know about the condition of the car, then he is not liable, as a private Buyer takes the car as he finds it and it is up to the Buyer to carry out their own inspection to make sure they are happy with it, before purchasing.

However, if, and only if he lied to you, you do have a case for misrepresentation, meaning he would have to refund you the costs incurred.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10343
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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