Bought a car from a private seller - Problems

comer_97

I bought a car from a private seller without an NCT. I got him to sign a document saying that if it failed it's upcoming NCT he would repair the car or refund the money. Well the car failed the NCT and the estimate for repairs is very high.

Is there any legal standing to the document I had him sign or is this a case of buyer beware and get things checked before you buy?

dudara

Interesting. Normally private sales are subject to buyer beware. I don't know what legal standing the document you made him sign has. I would say very little, but I'm open to correction.

comer_97

here's hoping!!

Zorba

I know it's easy for me to say but why did u buy a car that's due for an NCT but hasn't been put through it yet, were the alarms bells not ringing as to why the owner wouldn't put it through the test, once it passes it's only gonna add money to the car ! Or at least why didn't u ask him/her to put it through the test before u bought it ?

comer_97

I know that and of course it was foolish but the question is about the legality of an agreement signed between me and the seller.

TheThreeDegrees

Well its pretty much like any written document in the eyes of the law.It is at the judges discretion whether to accept it in court or not.He decides.

Zorba

Yes i know as i said it's easy for me to say. Sorry can't help with the legality of the thing, guess it wasn't signed by any witnesses either ? Have u contacted the seller yet and if so what did they say or are u waiting to find out the legality issue first ?

comer_97

his phone is off today, but i have had no hassle contacting him before. He seemed like a good guy, so I think he will honour his word. Let's hope he does the right thing.

IncredibleHulk

dudara wrote: »

Interesting. Normally private sales are subject to buyer beware. I don't know what legal standing the document you made him sign has. I would say very little, but I'm open to correction.

Interesting, never heard of a private seller do that before.Is it not a contract?

Zorba

comer_97 wrote: »

his phone is off today, but i have had no hassle contacting him before. He seemed like a good guy, so I think he will honour his word. Let's hope he does the right thing.

Hope it works out for u, will u let us know how u get on ?

*fingers crossed for ya*

seamus

I suspect there are a number of conditions that a document must satisfy in order to be admissable as a legal contract.

However, oral agreements can also form the basis of contracts. The fact that it's a private deal massively reduces your rights. You can't use the small claims court, so in the event that he ignores you, you'd have to take an expensive civil case against him.

SoupyNorman

Well my legal education has come via four years of college (now I did not study law but I did watch Judge Judy every day when I should of been studying what I was supposed to).....

I digress;

Anytime a signed note/agreement/contract was produced in almost all cases it was case closed.

Get in contact with this guy ASAP and record all contact attempts (e.g. send a registered letter) this way if it does come to small claims court you will have more chance of success.

comer_97

hopefully i will ring him up and he will be fine with it, but who knows. I've not been able to get in touch with him yet.

I will let you know how I get on.

thanks for the help.

miju

bravestarr082 wrote: »

Get in contact with this guy ASAP and record all contact attempts (e.g. send a registered letter) this way if it does come to small claims court you will have more chance of success.

just on this point IIRC they OP does not have any recourse through the small claims court as it is a private sale

jay-me

I heard from my grandfather that IOU's are legaly binding so maybe this is similar. I hope it does for your sake;)

green123

latest ?

Bluetonic

green123 wrote: »

latest ?

Can I suggest evening TV, boards is not a soap opera.

eth0_

If there was no witness or notary, I can't see how this could possibly be legally binding.

Caveat emptor.

Isn't it illegal for a private seller to sell on a car that has no NCT?

SerialComplaint

The validity of the promise is not the main issue. Even if we take it for granted that this is a valid, legal contract, the real problem is 'how can you enforce this contract'? This would be a long, drawn out legal process involving solicitors, courts and possibly the local sherrif to sieze goods. It is very difficult in practice to get money through this legal route.

gerryo

eth0_ wrote: »

Isn't it illegal for a private seller to sell on a car that has no NCT?

No, NCT is only a requirement if you want to drive on public roads, some cars might get put into museums, exported, or even just driven on private roads.

It's not illegal for a garage to sell a car that has not got a valid NCT certificate although most will get it done as soon as someone wants to buy.

Generally, unless a car actually has a valid NCT certificate, it is best to assume nothing about the potential pass/fail prospects & just get it done.

The NCT is a bit of a joke really, as the certificate, although valid for up to 2 years does not guarantee the car will pass if tested 1 month after the certificate was issued. YMMV:)

This is no solace to the OP, however.

I think private sellers have to point out major events in the car's history (example: accidents) only if asked. The NCT pass or fail prospects are probably considered "expert" level (for the average car owner) & thus would not be considered legally biding (IMHO) if for example the seller said "it should pass" or "there won't be trouble".

Geting them to sign a document saying they would make it right & then driving off in the car would invalidate that agreement, as the buyer could do anything to the car without the seller's knowledge.

Caveat Emptor:D

Guy:Incognito

gerryo wrote: »

The NCT is a bit of a joke really, as the certificate, although valid for up to 2 years does not guarantee the car will pass if tested 1 month after the certificate was issued. YMMV:)

No test can do that , be it the MOT or any European equivelant.