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Jenny
Jenny, Solicitor
Category: Law
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Just bought a year old sports car. It will not run satisfactorily

Resolved Question:

Just bought a year old sports car. It will not run satisfactorily on petrol which contains ethanol.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help it from. Who did you purchase it from was it an individual or a dealer?
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jenny replied 2 years ago.
Hi I've sent you an offer
Customer: replied 2 years ago.
Broke my rule and bought the car from an individual who lead me to believe that the car was still under manufacture's warranty.
The manufacture said that they normally cover a car for 6 months. So my vehicle was just out of warranty.
Expert:  Jenny replied 2 years ago.
So other than the fact that the car was under warranty did the individual make any other representations about the road worthiness of the car?
Customer: replied 2 years ago.
Yes he told me the hand brake had a problem and I noticed that the engine was not running smoothly. I could not test drive the car because there was no insurance cover for me. Before purchase of the car car I contacted a specialist who had worked on the car and was given the assurance that the rough engine running was not a major problem. The bad engine running was caused by ethanol in the petrol and the car was going back to the manufacturer to be ethanol proofed. After purchase I collected the car from the manufacture's factory believeing this work had been done. The car ran OK for a bit (100 miles) I complained to the manufacturer and was told that the problem was out of their hands and I would have to take it to a specialist for the problem to be diagnosed. More parts need to be replaced for this ethanol problem at what looks like my expense.
Expert:  Jenny replied 2 years ago.
Ok the issue for you is that the rights under the Sale of Goods Act are not against the manufacturer, and you sadly do not have rights under the Act against a private seller. Your only argument here is that the sale was made on the basis of a mispresentation. You can argue that you purchased the car on the basis of the representation of the owner that it was under warranty and it was roadworthy. You should write to the owner to say that you want to reject the car and to have a refund on that basis and if it is not forthcoming you will bring a claim against them in the Small Claims Court. Unfortunately buying from individuals is not risk free. I do hope you can sort this out. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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Customer: replied 2 years ago.
Thank you. I realise that I was foolhardy. In the past I have always paid the extra and bought from dealers to avoid the situation in which I now find myself. I have had dealings with this manufacturer before. They are a small family business and I find it strange that they have had made a car which would not run correctly on pump petrol. Research has shown me that this problem with ethanol in petrol is a well known.