Buying a used car

[hugnie21]

My sister sold a used car and the buyer is now claiming that she sold him an unroadworthy car. She supplied him with a valid MOT certificate but did not have the advisory note. She did not advise him what work was carried out at the previous MOT as she could not remember. By law could the buyer have contacted the garage himself if he had any concerns over previous work carried out?

[terambulan]

Since it passed the MOT the garage concerned considered it road-worthy. end of! The buyer bought a used car so can't expect it to be 'as new'.

[Ethel]

This is a private sale and by law the vehicle must be 'as described'. That is the only condition attached to private sales - it doesn't have be fit for the purpose .

So, it all depends on how she described it. If she simply said '1996 Ford Fiesta with 2 months MOT' that is all it has to be. If she said, 'excellent runner, excellent condition' then she may be in a bit of trouble.

[lawsanass]

I bought a pink mini privately and it was described as a perfect car, no problems and a new MOT. It was a heap of junk and �1000. I took the seller to small claims court and LOST!. The judge quoted a latin rule that when translated means 'buyer beware'. The MOT was a 'bought'one. The judge told me the only course of action would possibly be a criminal prosecution for selling a car he knew to be unfit but advised me it would be costly and still unlikely I would get anywhere. In all I lost about �1700. The car checker company I employed to list all the bad points said it was the worst car he had every inspected. Sadly, I think you have to put it down to an expensive lesson learnt the hard way like I did :(

[Ethel]

'Caveat emptor' is the latin quote you refer to - buyer beware.

It does seem you have been badly let down by the law.

[hugnie21]

Thanks all, the buyer has threatened court action but the car was sold in good faith. I was actually wondering whether, by law, he could contact the garage to find out about the previous MOT. I have since found out though that a potential purchaser can find out the details of the MOT through the VOSA website.

[cassa333]

Unless the buyer has a pot of money he wants to waste let him sue.

What is he saying is not as discribed?