Many thanks for your patience. When a person buys a second-hand vehicle from a private seller, their rights will be somewhat limited and will not be as extensive as if they had bought it from a dealer.
In general, there is no legal requirement for the vehicle to be of satisfactory quality or fit for purpose. Therefore, the buyer will only have rights in the following situations:
· If the vehicle did not match the description given, whether in the advert or any subsequent discussions. This would amount to breach of contract or misrepresentation
· If the seller broke a specific contractual term – e.g. if they fail to do something they specifically agreed to, for example, fix certain faults or provide an MOT. This is also going to be a breach of contract
· If the seller was actually a dealer posing as a private seller - this is an unfair commercial practice and can even be a criminal offence
· If the vehicle is unroadworthy – this occurs if its brakes, tyres, steering or construction make it unfit for the road. This will also be a criminal offence.
In this case you can argue that there was a breach of contract because the vehicle was not as described and the documentation provided with it was forged. However, what you can claim for will generally be limited to the difference the missing documentation has had on the value of the car. So if one service was missing it would obviously slightly reduce the value but that would be the only thing you can claim for in the circumstances.
In the first instance, any issues with the vehicle should be resolved directly with the seller. You can also use threats of legal action as a negotiating tool, although if that does not help then your only option is to actually make a claim.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow in order to take this down the formal legal route, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you