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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75973
Experience:  Qualified Solicitor
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I bought a 2nd hand car privately for £6,100 (asking price

Customer Question

I bought a 2nd hand car privately for £6,100 (asking price of £6950) in the last 8 days and knowing these cars had issues with the injectors, asked if they had been changed or had issues, she said that none had and there were no issues. Within a couple of days the engine management light came on and my garage informs me that there is an issue with 3 injectors and likely to cost up to £2000 to fix. She has since admitted in text that the engine management light has previously come on but the garage found no fault and turned it off. I have spoken to the garage who did the last service and they informed me that they did have an injector issue 12 months ago which they did a temporary solution to but informed her there was an injector issue.
JA: Where are you? It matters because laws vary by location.
Customer: Totnes, South Devon. I'm aware in private sales it is 'Buyer beware' however i feel i have been misold to a degree
JA: What steps have you taken so far?
Customer: Initially left a voice mail, since then texting, however i've heard nothing for 24 hrs
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Dont think so at this stage
Submitted: 13 days ago.
Category: Law
Expert:  Ben Jones replied 13 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 13 days ago.

What is your specific question in relation to this please, so that I can best advise?

Customer: replied 13 days ago.
Hi Ben, I'm wondering if i have any rights to either return the vehicle and get my money back or in some way convince her to pay either fully or partly for the repair?
Expert:  Ben Jones replied 13 days ago.

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 13 days ago.
Happy to be online for the moment
Expert:  Ben Jones replied 13 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.

When a person buys a vehicle from a private seller, their legal rights will be rather limited and will certainly not be as extensive as if it was bought from a dealer. The legal principle of ‘caveat emptor’ (also known as ‘buyer beware’) applies, where the buyer needs to satisfy themselves that they are happy with the description and condition of the car before they purchase it. There is no legal right to expect that the vehicle is of satisfactory quality or fit for purpose.

In general, private vehicle sales would only provide the buyer with rights in the following circumstances:

- False description - if the vehicle did not match the description given, whether in the advert or any subsequent discussions with the seller, it will amount to a breach of contract or misrepresentation. However, the seller does not have to reveal any issues with it, even if they knew about them. They simply should not make statements that will make the description false

Any issues with the vehicle should initially be attempted to be resolved directly with the seller. If they are unwilling to co-operate, or no agreement can be reached and there is evidence that they had breached their obligation as listed above, further action can be considered. This could eventually lead to a claim for compensation, such as for any repair costs or for the refund value of the vehicle.

If you had to go that far, the claim can be initiated online via https://www.moneyclaim.gov.uk/web/mcol/welcome

Expert:  Ben Jones replied 13 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 13 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.