Probleam buying private

timemachine

I was talking to a girl I work with at work and she recently bought a car, and has probleams with it already. She bought it 4 weeks ago, private sale but was given a standard 3 month warranty. She only spend 1k on car. After 1 week her brother noticed engine was leaking oil, she rang the seller, and he said he would come the following week, he didnt come so she rang him 3 times over 3 different days, no answer, she left voice mail every time, and dropped a text message to. She then sent him letter last week, but still havent heard anything. I dont know but should she be on to small claims now, as it seems obviously he is ignoring the probleam

helimachoptor

timemachine wrote: »

I was talking to a girl I work with at work and she recently bought a car, and has probleams with it already. She bought it 4 weeks ago, private sale but was given a standard 3 month warranty. She only spend 1k on car. After 1 week her brother noticed engine was leaking oil, she rang the seller, and he said he would come the following week, he didnt come so she rang him 3 times over 3 different days, no answer, she left voice mail every time, and dropped a text message to. She then sent him letter last week, but still havent heard anything. I dont know but should she be on to small claims now, as it seems obviously he is ignoring the probleam

Buyer beware, the seller has no obligation to fix anything thats wrong with the car.

timemachine

Well he gave her a 3 month warranty, so I guess that means he is standing over it. And from what I can recall what she said, the seller did say that he would come and take a look.

alpina

Not being off handed but unfortunately this is the old 'Caveat Emptor'

bazzachazza

"Private Sale"+"Warranty" ??????

Eh how was this to be enforced.

Certainly would raise my eyebrows if i heard that being mentioned.

Always if you can get a car checked independently by a mechanic.

eamon234

Didn't she have the car checked out before she bought it? They don't start leaking oil overnight. You can't buy a car for a grand and expect it to be perfect without doing at least a few simple checks and oil leaks is the big one.

Alanstrainor

As others have said, "buyer beware", i'm pretty sure your colleague has no leg to stand on, Did the seller provide a signed agreement to cover the car?

bazzachazza

What sorta oil leak we talking about.

A big gusher that would mean we should dig up Red Adare to plug it or is it leaving a few small spots on the pavement.

timemachine

I dont think its a big major leak, as she is still driving it and seems ok. I will look at it tomorrow. He signed his name to a warranty, 3 months. Me personally I would not have gone near it, but I think she was thinking, oh a 3 month warranty, so if anything goes wrong I can go back.

coolbeans

Don't mean to be harsh here but the reality of the situation is that the terms "warranty" and "private sale" don't belong in the same sentence. It's a contradiction in terms. If it's a private sale then that's just what it is and the principles of caveat emptorapply. She's got no rights whatsoever unless it emerges that the vendor is actually in the trade, which he probably is unofficially but I doubt he's registered the "business'' with the revenue. This means he's off the radar and has no responsibility to anyone bar a moral one which he obviously couldn't give a **** about. That phone number is a pre-paid one too I'll bet.
In short as far as the law is concerned your friend hasn't got a leg to stand on. She effectively bought the car "as seen" as you would do in a private sale.

bazzachazza

which he obviously couldn't give a **** about

Neither would I if your silly enough not to get the car checked before you buy it.

bazz26

Who is crazy enough to offer a 3 month warranty on a car costing €1,000? In this price braket cars are usually "sold as seen" or "trade sales" with no comeback even from dealers.

Did she get written details of what he was honouring under the warranty? Verbal contracts are not worth the paper they are written on.

cantdecide

I'd say yer man was emmigrating or something but if he offered to stand over it for 3 months and meant it, he's obviously dim or heard some crap down the boozer that he's oblioged to stand over it.

Sounds like the blind leading the blind to me. Assuming he's just an eejit, it would be sheer bad form to try and make him to stand over it when this will be the only €1k car in the istry of time with a 3 month warranty. It's a cheap as sh*t* car and he probably isn't aware of the principal that as soon as it drives out the gate, it becomes a part of history.

Oilrig

Re info in a previous post (#9),

If she has a document the seller has signed stating that he is providing a three month warranty, then she has a binding contract, with this warranty as a condition, regardless of the "private" status of the seller.

If the seller stated this verbally its also a condition of the contract, although unless she has a witness proving it may be difficult.

Contract law has precedence over the catch all "Caveat Emptor"

Not so black & white... "private" seller undermined themselves when they wandered into warranty offering territory IMHO...

--amadeus--

Oilrig wrote: »

Re info in a previous post (#9),

If she has a document the seller has signed stating that he is providing a three month warranty, then she has a binding contract, with this warranty as a condition, regardless of the "private" status of the seller.

If the seller stated this verbally its also a condition of the contract, although unless she has a witness proving it may be difficult.

Contract law has precedence over the catch all "Caveat Emptor"

Not so black & white... "private" seller undermined themselves when they wandered into warranty offering territory IMHO...

A contract is only as good as the lawyer who enforces it and that'll cost a darn sight more than teh car is worth.

Churchy

As above ^^^ private seller and warranty dont sound right.

The word is spelt problem.

timemachine

The seller is come to her work in morning to have a look.

BillyGoatGruff

Churchy wrote: »

The word is spelt problem.

:rolleyes: Another english teacher. I think everyone will agree we understood the word.

cantdecide

BillyGoatGruff wrote: »

:rolleyes: Another english teacher. I think everyone will agree we understood the word.

That's English teacher. I think pedant would be a more suitable description.

unkel

timemachine wrote: »

The seller is come to her work in morning to have a look.

Are you sure?

Anyway let us know what's happening...

BillyGoatGruff

you're rite. dat wuold be a beter wurd.

Churchy

cantdecide wrote: »

That's English teacher. I think pedant would be a more suitable description.

Nothing wrong with trying to lift standards around here.

An uninitiated person reading motors for the first time might think we're all illiterate txt spking n00bs.

Proof reading what you write will improve your life !!