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I bought a 12 year old Audi Q7 from my neighbour. When I

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hi, I bought a 12 year old Audi Q7 from my neighbour. When I started it up the next morning, there was a coolant light on. The neighbour denied knowledge. A day later the light for the suspension came on. Again he expressed surprise (text messages confirm timing). As we were friends I said we would deal with it when it came to it. When it went to Audi for another problem I paid for a diagnostic and found two leaks to the air suspension and a coolant leak as well as other problems that I am comfortable are wear and tear or happened after I purchased it. The owner now has confirmed a coolant problem was existing. Is there a case under the 2015 consumer protection act as an AA audi specialist and Audi confirmed that air suspension problems develop over time and therefore within two days of buying it is not likely the vendor did not know and he has now acknowleged in writing he did know about the coolant leak.
Assistant: Because laws vary from place to place, can you tell me what state the property is in?
Customer: State? I am in the UK
Assistant: What steps have you taken so far?
Customer: I have given him a copy of the Audi report. Advised him that I feel that the coolant leak and air suspension were problems under his ownership
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No - all fine

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

AS you bought the car privately, some key parts of the Consumer Rights Act 2015 do not apply, for example the car does not have to be of satisfactory quality or fit for purpose - you are responsible for ensuring the car is of satisfactory quality and fit for purpose before buying it - however, contract law does apply nevertheless. Therefore, the car has to be accurately described and there cannot be misrepresentation. The onus is unfortunately on the buyer to ask any questions about faults with the vehicle. The car does have to be roadworthy - I am unsure if your Audi report states the car is roadworthy or not?. If Audi say that those faults make it unroadworthy, you have a case against the seller. If not then as I say, the rights are limited to misrepresentation and accuracy of the description.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

Customer: replied 6 days ago.
The car is not roadworthy due to the air suspension leak rather than the coolant leak. Since I texted the vendor within two days of buying the car (the light had come on), his defence is that it happened after I bought it. However, it would fail an MOT because of it and is unsafe to drive as when the air suspension fails it can be OK, but at some point it wouldn't be and cause a hazard. Naturally I did ask if there were any problems at the time and he said no. I paid an amount equal to a car in perfect working condition. However, as they were friends, I foolishly did not get an AA inspection.
Customer: replied 6 days ago.
This is his response where he admits he knew of a coolant problem and his view of the air suspension. Experts have said it would be a pre-existing condition. Basically he would have seen the light start to flash on, but it is impossible to prove the light would have shown before the sale, although the condition would be pre-sale.
Customer: replied 6 days ago.
Evening WillThanks for coming over the other night and for sending me the link to the Audi quote.I went to see Bir, Ash’s grandad, over the weekend and talked him through the issues.He last serviced the car for me around this time last year. At that time there was a warning light for the coolant he said - which I discussed with you when you bought the car. During that service he pressure tested the coolant reservoir but the test was negative - i.e it wasn’t leaking. His advice to me was to monitor it and if anything to change the cap as it may be losing pressure from there. That said, that was a year ago so if Audi have found a coolant leak now then it must be a leak. To that end I will give you the £800 that Audi have quoted to repair the coolant leak. I did ask how much he would charge for such a job - whilst it isn’t something he can do given the restrictions of his workshop, he did say that an independent garage would probably charge in the region of £350-£450 for the same job using Audi parts.I also discussed the suspension issue with him. He checked his records and confirmed that he has no record of any issues with the suspension - no warning lights that needed investigating, no visuals of a fault etc. I explained to him what the AA chap told you - that issues like this can sometimes start infrequently then get more frequent, etc. Given his experience he understands and agrees with this, but also understands that faults can also appear without any warning. As I have said to you in conversation previously I have not seen the suspension warning light whilst I was driving the car. Given I used it daily I would have had any warning light checked out - as I did with the coolant warning light.I have discussed this with Ash also and we’re both pained at the fact that you are having issues with the car but coolant issue aside I passed the car to you in good faith in good condition - I don’t have it in me to get one over on a stranger let alone a friend (us Hindu’s believe in karma!!) I did also reduce the sale price we agreed by £200 for the 2 front tyres that I felt needed to be replaced soon, meaning a total contribution of £1,000 (£200 at time of sale for tyres and £800 now for cost of coolant leak repair). I appreciate that this won’t be what you were hoping to hear and whilst Ash and I value our friendship with the Wisbey's the same as you and Jana do with us, we do not feel we can take ownership for issues that have arisen since you have owned the car.As it stands am around on Thursday evening if you wanted to talk over (working lates this week).Best,
Customer: replied 6 days ago.
Naturally we have him admitting to knowing about the coolant leak - despite denying knowledge at the time, but I do not know if this strengthens our case on the air suspension. Since I paid £7,300 (he did deduct £200 for the tyres) and resolving the air suspension costs £5,500 it basically writes off the car

Thanks, ***** ***** likelihood the problem was present before you bought it - the Audi report confirms this is the likely situation. If you were to sue, the court would look at the Audi report and you only need to show that "on the balance of probabilities", the fault was there before you bought it (or 51% chance, which is the burden of proof).

I would propose a rejection of the car. The key evidence is the Audi report - if you do ask the court to make a judgment on this then the court is likely to be on your side.

With the claim value, being under £10,000, the case would be allocated to the small claims track so would be dealt with on paper by a judge. I realise there is an issue with the person being your neighbour so it could strain relations somewhat if you decided to sue them.

Do you want me to advise how to sue or do you want to try resolve matters more amicably at this stage?

Jim1079 and 3 other Law Specialists are ready to help you
Customer: replied 6 days ago.
I think this is useful. We are due to meet with him on Thursday. How much would you charge for a letter advising this that I can use to negotiate him to being more reasonable. I am going to be willing to accept a 50/50 loss, but if it goes to court would look to claim the whole amount. Of key note will be his and my legal proceedings to undertake the process, so a letter detailing this from a solicitor of repute would probably be a good first step.
Customer: replied 6 days ago.
Eeek, submitting the rating closed the discussion box - apologies - are you still there?
Customer: replied 6 days ago.
Equally is there a risk of a criminal conviction if we go down this route? Not something I want, but I did read that selling a car that is not roadworthy is an offence. Might be useful for the letter.

Hi, I can help with content for a letter but cannot do it myself as this is a Q&A site and solicitor/client relationships are not allowed on here.

If someone sells a car which is not roadworthy, this is a criminal offence under Section.75 of the Road Traffic Act 1988 so yes, the Police would take an interest if you were to report his.

Customer: replied 6 days ago.
I meant as a solicitor how much do you charge for such a letter. I would assume there is some way to take solicitor advice to a more formal relationship.

Apologies, I am only able to offer advice on this forum so you would need to instruct a law firm to do a formal letter.

It would be by the hour if you ask a solicitor to do it - if you try Stephensons Solicitors they can help (tel: 0161(###) ###-#### or a local reputable firm

Customer: replied 6 days ago.
Thanks. DO I get emailed a copy of this correspondence?

You would have to email***@******.*** as I just give answers on this forum to legal questions.

Customer: replied 6 days ago.
Thanks.