Help - warranty

tipp86

Hope im posting on right forum. I bought a car private and there was a big problem with it in the first few days. Is there any legal comeback??

Mitch Connor

Nope - private sale, buyer beware.

tipp86

Taught i had some legal comeback ah well il just take the heavy handed routine so!

JoeySully

i would say it depends on the problem - what is the problem?

if its something like a dodgey gearbox and the previous owner did not tell you that there was a problem then you may have some comeback.

Owen

JoeySully wrote: »

if its something like a dodgey gearbox and the previous owner did not tell you that there was a problem then you may have some comeback.

There is no comeback on a private sale.

Anan1

tipp86 wrote: »

Taught i had some legal comeback ah well il just take the heavy handed routine so!

I don't think you understand - you looked at the car, you bought it, end of story. If you'd bought from a trader/garage then things would be different.

mickdw

No comeback so the seller would be foolish to entertain you at this stage. What is the problem with it?

Darsad

It really is amazing how much incorrect information you can get online .
Your rights cannont be diminished under the sale of goods act regardless of contract as same does not have to be in writing.Therfore you do have rights and a solicitor would be best placed to advise but to say you have no rights or come back is simply incorrect !

Anan1

Darsad wrote: »

It really is amazing how much incorrect information you can get online .
Your rights cannont be diminished under the sale of goods act regardless of contract as same does not have to be in writing.Therfore you do have rights and a solicitor would be best placed to advise but to say you have no rights or come back is simply incorrect !

What relevance does the Sale of Goods Act have when the car was bought privately?

L1011

Darsad wrote: »

It really is amazing how much incorrect information you can get online .
Your rights cannont be diminished under the sale of goods act regardless of contract as same does not have to be in writing.Therfore you do have rights and a solicitor would be best placed to advise but to say you have no rights or come back is simply incorrect !

The sale of goods act doesn't apply!

tipp86

I was told by a friend the sale of goods act would apply unless he stated otherwise.

Its the head gasket

Anan1

tipp86 wrote: »

I was told by a friend the sale of goods act would apply unless he stated otherwise.

Its the head gasket

The Sale of Goods Act only applies if you buy from a business, private sales aren't covered. This is why it's so important to have a mechanic examine any car you're thinking of buying privately.

bazz26

Did you not get the car inspected by a mechanic before buying it? The utmost of importance when buying privately. Any decent mechanic would have spotted this issue.

Henry Ford III

Darsad wrote: »

It really is amazing how much incorrect information you can get online .
Your rights cannont be diminished under the sale of goods act regardless of contract as same does not have to be in writing.Therfore you do have rights and a solicitor would be best placed to advise but to say you have no rights or come back is simply incorrect !

It's amazing ok

Darsad

Op ! Probably not worth your while chasing it throught the courts or solicitor for a head gasket ! However I can assure you I have seen many private sale cases through the courts as a purchaser or consumer of a product you have rights regardless of the vendor !
I am not a legal eagle but there is the venerable Sale of Goods Act . You can claim damages if the seller didn't own the goods or there was money owing on them. It may also help if you have been told a porkie by the seller about the quality or performance of the product or purchase . But there is a snag; sellers can contract out of the Sale of Goods Act. Of course, not many private sellers would know this but if they do, you've got to be told before the deal is struck.So as I said earlier Private sales can be covered under the sale of goods act but maybe not to the full extent i may have implied !

mickdw

What type/age car is it?

Anan1

Darsad wrote: »

Op ! Probably not worth your while chasing it throught the courts or solicitor for a head gasket ! However I can assure you I have seen many private sale cases through the courts as a purchaser or consumer of a product you have rights regardless of the vendor !
I am not a legal eagle but there is the venerable Sale of Goods Act . You can claim damages if the seller didn't own the goods or there was money owing on them. It may also help if you have been told a porkie by the seller about the quality or performance of the product or purchase . But there is a snag; sellers can contract out of the Sale of Goods Act. Of course, not many private sellers would know this but if they do, you've got to be told before the deal is struck.So as I said earlier Private sales can be covered under the sale of goods act but maybe not to the full extent i may have implied !

You should have been a solicitor, you certainly know how to waffle.;)

crosstownk

As stated before - you've no comeback - it's a case of 'buyer beware' when it comes to private sales. If you can prove that the seller was well aware of the head gasket problem but was trying to deceive you then you may have an angle but I'm sure you can see how you're in a cul de sac on this one.......

Get it repaired, move on and learn from the experience.

Owen

Darsad wrote: »

It really is amazing how much incorrect information you can get online .
Your rights cannont be diminished under the sale of goods act regardless of contract as same does not have to be in writing.Therfore you do have rights and a solicitor would be best placed to advise but to say you have no rights or come back is simply incorrect !

tipp86

mickdw wrote: »

What type/age car is it?

02 T red D red I , it seemed like a good deal 6 k

Just rang him there he seems like he is goin ta give me some comeback with it so all may not be lost

crosstownk

tipp86 wrote: »

Just rang him there he seems like he is goin ta give me some comeback with it so all may not be lost

That's nice of him - but he's not obliged to. In fairness, while he is not obliged to, it would be a nice gesture if he helped you out to some extent.

mickdw

tipp86 wrote: »

02 T red D red I , it seemed like a good deal 6 k

Golf? Passat? Bora?
I know the 115bhp fitted around your year to some models were known for head gasket.

tipp86

mickdw wrote: »

Golf? Passat? Bora?
I know the 115bhp fitted around your year to some models were known for head gasket.

Its a golf

Actually how can i tell if the car is 115 or 130 bhp

crosstownk

Check the inside of the service schedule or look for a sticker in the the spare wheel well. Both will give the power output in kW and from that you can make the conversion to BHP.