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Private sale small claims

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    #32
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    I don't know how else to say it. If you buy a car privately that has, say, a faulty gearbox, and you can find the garage that told the seller it was faulty and he didn't disclose it, then that's fraud. I'm not talking about this specific case.


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    #33
    ajmboyce
    Registered Users Posts: 48 ✭ajmboyce


    corktina wrote: »
    I don't know how else to say it. If you buy a car privately that has, say, a faulty gearbox, and you can find the garage that told the seller it was faulty and he didn't disclose it, then that's fraud. I'm not talking about this specific case.

    Thats fair enough but what if there is no garage involved at all car never seen garage but seller knew the box was getting ropey and sold the car fair enough it might be fraud but it would be extremely hard to prove this unless as a user said earlier he had a thread up somewhere relating to the car in question with the fault in question or what about a timing belt and a lad says it s changed i went to look at a car before that seller said belt was changed the tipp ex was still wet nearly it was that fresh car hadnt an oil change let alone a timing belt done for years and no i didnt buy the car.


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    #34
    Autonomous
    Closed Accounts Posts: 205 ✭✭Autonomous


    Did your friend get advance notice of the claim? did they respond or just bin it...if they didn't respond, judge would rule in favour of the person making the complaint as no defence was given.


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    #35
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    ajmboyce wrote: »
    Thats fair enough but what if there is no garage involved at all car never seen garage but seller knew the box was getting ropey and sold the car fair enough it might be fraud but it would be extremely hard to prove this unless as a user said earlier he had a thread up somewhere relating to the car in question with the fault in question or what about a timing belt and a lad says it s changed i went to look at a car before that seller said belt was changed the tipp ex was still wet nearly it was that fresh car hadnt an oil change let alone a timing belt done for years and no i didnt buy the car.

    I can only refer you back to my original post where i said if it could be proven. It's hypothetical....


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    #36
    unfit2006
    Registered Users Posts: 541 ✭✭✭unfit2006


    If a car failed it's NCT and the owner sells the car without mentoning that fact to the buyer, could the buyer take a case against the seller for selling the car with a "known undisclosed fault" ?

    I presume the NCT failure sheet would need to be produced as evidence.


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    #37
    flutered
    Registered Users Posts: 6,670 ✭✭✭flutered


    a court clerk will not show a claim to a judge unless the claiment can provide a recipt, as this is the only way the claiment can prove it is purchaced.


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