Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Do you have an address for the person from whom you bought the car? Also, how long ago did you buy it?
Sorry I have just seen you are in Scotland and as the laws are a bit different there I will opt out and let a coleague there answer this, no need to reply in the meantime thanks
Hi there, I am a solicitor in Scotland. Sale of goods laws don't apply to private sales in Scotland. However, if the seller has made a positive statement which turns out to be untrue, that is called a misrepresentation and you could sue for damages for your losses arising from the misrepresentation. The statement here was that the car was ready to use/compete with which it clearly wasn't. One difficulty is that you don't know when the clutch failed and it may have been working OK at the date you agreed to buy the car although I doubt that could be established one way or the other. The other issue is that it may be that cars used in competitions are prone to needing replacement parts and that that is just part of the sport so a broken clutch on a race car is almost to be expected from time to time. On balance, and whilst you have a stateable case, I'm not sure that I would jump into litigation here. Your request for a refund of part of the price seems reasonable and you should press for that in lieu of raising proceedings. If the seller has any sense he will see the opportunity to resolve this without unpleasant litigation and expense. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.