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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice
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I bought a classic car from a private seller and the car

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Hi, I bought a classic car from a private seller and the car didn't match the sellers description and turned out to be unfit to drive due to binding rear brakes and other items. The main issue though is that the ad described it as having a particular type of engine from a renowned engine builder and it turns out the engine is not as described but a stock engine.
I have tried talking to the seller about it but he just said "buyer beware mate" and "I never said it had that engine" but the add clearly (in my mind) mentions this engine. Without dismantling the engine when viewing which I have now done (due to the fact it wouldn't start and had low compression) I could not possibly have known (or not) if this engine had been built by this renowned engine builder so not amount of inspection would have revealed this.
I have contacted the engine builder in question and sent them good photos and they have confirmed as best they can that the engine is not one of theirs and is a standard 1600cc.
My question is do I have sufficient grounds to take this guy to court to recoup some money as I feel the car was not as advertised.
He tried his best to delete all traces of the ad but fortunately I had printed copies of the ad from both sites it was advertised on.
Any advice greatly appreciated
Regards
Derek Wadsworth
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What was the description of it?
Customer: replied 1 year ago.
I have attached a file of the ad
Customer: replied 1 year ago.
Paragraph headed engine/trans applies. Line one
Customer: replied 1 year ago.
happy to talk if its easier
Expert:  Jo C. replied 1 year ago.
So the only misrepresentation is the reference to the Harris engine?
Customer: replied 1 year ago.
yes. But its quite a significant thing as a Harris engine is worth about £4k
Expert:  Jo C. replied 1 year ago.
If that is right then that is a misrepresentation. That applies whether this is a private sale or not.
The reality though is that you would not get a full refund but you would get the diminution value between the price you paid and the sum it would have been worth if the truth had been known.
The ad is quite clear and there is a representation that it has a Harris engine. If that is not true then that is a misrepresentation.
If he won't make any offer though then you would have to sue him but it is a small claims court sum so it is cheap enough to do that. You can issue here
www.moneyclaim.gov.uk
but send him a letter before action first.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thanks Jo. That's great. He is claiming that the ad does not infer that that engine is in that car. Weird but true.
OK. I will send a letter first then follow up with a small claimmany thanksRegards
Expert:  Jo C. replied 1 year ago.
Well, he is just wrong then. It says quite clearly that it is.
No problem. All the best.
Please remember to rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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