Groups

    Selling a car

    A question about consumer rights!

    What happens if you sell a car to someone (private sale) knowing there is a fault with it but you don't tell them and they don't discover it during a test drive? Where does the law stand, is it sold as seen or can they come back?

    21 Comments

    Banned

    They can come back and do you for it

    if they dont find it while test driving it - on the receipt you put 'sold as seen' not much come back after that

    Banned

    Check here, seems that they have no comeback, as long as its a private sale. I would be taking it to small claims personally

    uk.answers.yahoo.com/que…GgL

    I don't know where the law stands, but you'd have to be pretty immoral to do this to somebody. Just bear in mind as well that they will know where you live, and might have some nasty friends who could exact revenge. Just get the fault fixed and then sell with a clear conscience

    what is wrong with the car?

    well it depends - whats wrong with it?

    I think you can be held liable if the car is in a dangerous condition, such as no brakes etc. However, for other things, then it is, as people have said, buyer beware,

    peodude;6205313

    I think you can be held liable if the car is in a dangerous condition, … I think you can be held liable if the car is in a dangerous condition, such as no brakes etc. However, for other things, then it is, as people have said, buyer beware,



    lets face it if they don't notice there are no brakes in the test drive who are the flintstones?

    The answer is no its a women and tell them its an optional extra! haha



    sorry ladies just kidding:oops:

    dcx_badass;6205664

    Nah if you sell it knowing there is something that could affect the sale … Nah if you sell it knowing there is something that could affect the sale but fail to disclose it, you are fully responsible and will have to pay to fix it or give them there money back. I've no idea what the case is maybe AngelFairee can throw some light on it.



    Thats the thing though 'Knowing there is something wrong' , how can they know if you knew previosuly on most faults? If it is down on the reciept as sold as seen i think you will have a very hard job trying to get your money back, espcially if the fault is something they can claim they didnt know about.

    if you sell it with a fault your a right Barstewed & deserve a kicking

    Last 2nd hand car i bought years ago I asked for, which Daddy paid for :oops: my Dad over the phone made them write that they were not aware of any known faults with the car and had the VIN/Reg written on the receipt once monies were transferred, he then made me photocopy it and send him the copy.

    every one needs sameone like you to buy from, if you sold to me and i put my kids in the car and if samethink happened to them i would came looking for you

    I got my latest car from a dealer 3 months ago - been nothing but trouble. Gear pin went (reverse stopped working), car wont always start etc etc - trader doesnt care less. Think my trader was someone like you - not very nice. My car cost me enough and it makes me so so mad that my car is rubbish - trader prob did know and his attitude since stinks. Thats prob why the people sold the car. However, on a test drive you cant always tell there are faults - hence my problems

    "You have very few legal rights if you have bought the vehicle from a private seller rather than a dealer.

    The vehicle doesn't have to be of satisfactory quality. However, if the seller offers a description of the vehicle, it must match the description given. It must also be roadworthy and the seller must have 'good title' to the vehicle. This means that they must be the legal owner in order to sell it to you.

    If the vehicle doesn't match the description given, you may be entitled to compensation. You may also be entitled to compensation if you have bought an unroadworthy car from a private seller, which has caused injury to someone. However, it may be especially difficult to get compensation from a private seller.

    You will only be able to claim against a private seller for one of the following reasons:

    * the vehicle doesn't match the description they gave you
    * the seller broke a specific contract term
    * the seller was actually a dealer posing as a private seller
    * the seller did not have good title to the vehicle
    * the vehicle is unroadworthy."


    So basically you can sell it in whatever condition you want AS LONG AS you don't say something is working when it's not ie, if you advertise it as having A/C as a selling point it has to work, unless you state it doesn't. On the other hand if the heater blower doesn't work (as an example) then as long as you don't state that it does work and the buyer doesn't notice there's not a lot that can be done. As has been said though, the seller knows your address and likely knows somebody bigger than you...... ;-)

    Original Poster

    I've not disappeared completely, just was contemplating how to sell it. Cheers for advice Shengis, your saying the same things as a friend of mine who recently graduated in law.

    Apparantly i can sell it and IF they ask is there a problen with "X" and i say no but i know there is then they may have a case against me. End of the day i can't live the guilt of selling something dodgy, never done it in my life tbh. It's up to the buyer to find problems.

    Original Poster

    Barnaby123;6204344

    I don't know where the law stands, but you'd have to be pretty immoral to … I don't know where the law stands, but you'd have to be pretty immoral to do this to somebody. Just bear in mind as well that they will know where you live, and might have some nasty friends who could exact revenge. Just get the fault fixed and then sell with a clear conscience



    dcx_badass;6204480

    You are fully responsible, we did this in law.



    renown;6205830

    if you sell it with a fault your a right Barstewed & deserve a kicking



    Jumpingphil;6206245

    +1Plus I agree with Tinks, avoid like the plague if this person wants to … +1Plus I agree with Tinks, avoid like the plague if this person wants to sell anything on here.Or buy for that matter.



    tronic;6207682

    every one needs sameone like you to buy from, if you sold to me and i put … every one needs sameone like you to buy from, if you sold to me and i put my kids in the car and if samethink happened to them i would came looking for you



    Point takem, i'll fully disclose the problem if asked. It's not dangerous btw, just expensive to fix which will be reflected by a MUCH CHEAPER asking price!

    kobirulali;6439422

    Point takem, i'll fully disclose the problem if asked. It's not … Point takem, i'll fully disclose the problem if asked. It's not dangerous btw, just expensive to fix which will be reflected by a MUCH CHEAPER asking price!



    If thats the case why not state that in the ad.? and save yourself a beating.

    E.g Price reduced to £xxxx as xyz needs fixing and its a ball ache of a job

    Is it faulty aircon by any chance?

    dcx_badass;6439834

    But the contract is void becasue you didn't tell them anyway....As you … But the contract is void becasue you didn't tell them anyway....As you sold the car aware of a fault which could have had an effect on the price they'd have paid.



    It's a private sale. Caveat Emptor.

    Shengis;6440952

    It's a private sale. Caveat Emptor.



    Indeed, almost all second hand cars have a fault of some type, even a minor fault.

    Original Poster

    greg_68;6439803

    Is it faulty aircon by any chance?



    No
    Post a comment
    Avatar
    @
      Text
      Top Discussions
      1. How dangerous is Donald trump?31154
      2. Weekly game codes giveaway 182722
      3. Find out how good your GP surgery is1010
      4. Did you know?2951

      See more discussions