Private Sale

[renegadefm]

Asking a question for my neighbour who bought a car on a private sale, but took out finance to cover the cost of the car. 

Shes only had it 6 weeks but so far shes had to buy a new battery which cost £150. And yesterday had to be towed home has the fuel tank has a major leak and needs to be replaced. Shes been quoted £1500 for a new fuel tank.

 

My question on her behalf is where does she stand when it comes to going back to the seller, as they have obviously sold an unsatisfactory car.

 

Any advice will be appreciated. 

[Buenchico]

Quote:
"The only legal terms that cover a private sale contract are:

The seller must have the right to sell the car.

The vehicle should match the description given by the seller.

The car must be roadworthy – it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today."

Source:
https://www.theaa.com/car-buying/legal-rights

[barry1010]

Can she prove there were problems with the battery and tank before she bought it?

[JinnyJoan]

neighbour bought a car for his daughter on a private sale - he said there is a risk but "bought as seen".  

[Canary42]

As far as the battery goes, you will have to prove it's the same one as present at the time of sale (otherwise any seller will claim you changed it).  Did you keep the old one as evidence?

[renegadefm]

Well she only had the car a week, and the battery was flat. As far as I can gather she complained to the seller, but refused to help towards the battery. Not sure if shes kept it as evidence. 

Regarding the leaking fuel tank, she only noticed it yesterday when filling up at a station, fuel was pouring out onto the road. 

Sorry about the vague info. 

I think she wanted to know does she have a leg to stand on in terms of claiming against the seller, given that these two things have cropped up so soon after sale. 

I know the old thing about sold as seen meant that there could be no come backs, but is this always the case? 

[Buenchico]

Unless the seller specifically said "The battery is absolutely fine" (or similar), he/she was perfectly entitled to offer the car for sale with a defective battery.

If it can be shown that the fuel leak was present at the time of sale, then the vehicle clearly wasn't roadworthy at that point, meaning that the vendor comitted a criminal offence by offering it for sale.  That, in turn, would mean that he could be pursued through the civil courts for compensation.

However fuel leaks can occur for many reasons, such as the tank being punctured by a metal object thrown up the car's wheels during normal driving.  So it would probably be necessary to obtain an expert opinion as to the cause of the leak (e.g. 'corrosion' versus 'impact') before being able to take civil action.

[douglas9401]

This is going in the 'Life's unfair but I've learned my lesson' file.

Trust nobody.