Bought Defective Car

Tester46

A friend of mine (not me!) bought a car from a private seller. He should have had it checked, but he didn't. He paid cash. After getting the car home he discovered that there are serious problems with it and his mechanic now tells him it is not safe to drive.

I think it's a case of tough luck, but he really cannot afford this mistake. He needs the vehicle for work and used the last of his cash to buy it. Does he have any options whatsoever for going after the seller? He has contacted the seller and has been told to get lost.

Thanks.

dermot_sheehan

Section 13 Sale of Goods and Supply of Services Act 1980

Implied condition in sale of motor vehicle that it is free from defect that makes it safe to buy.
http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0013.html#zza16y1980s13

he's entitled to repudiate contract and get money back, but may have to engage a solicitor and go to court to enforce this

Jo King

gabhain7 wrote: »

Section 13 Sale of Goods and Supply of Services Act 1980

Implied condition in sale of motor vehicle that it is free from defect that makes it safe to buy.
http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0013.html#zza16y1980s13

he's entitled to repudiate contract and get money back, but may have to engage a solicitor and go to court to enforce this

I would not be too sure about that, when the vendor is not in the trade. Mc Dermott's book also inclines to the view that the implied warranty only applies to sales by trade to consumers.

Stainless_Steel

Jo King wrote: »

I would not be too sure about that, when the vendor is not in the trade. Mc Dermott's book also inclines to the view that the implied warranty only applies to sales by trade to consumers.

Sale of Goods Act:

"Without prejudice to any other condition or warranty, in every contract for the sale of a motor vehicle (except a contract in which the buyer is a person whose business it is to deal in motor vehicles) there is an implied condition that at the time of delivery of the vehicle under the contract it is free from any defect which would render it a danger to the public, including persons travelling in the vehicle."

Surely a private sale is a contract in this context as well?

BizTalker

If its paid in cash, no papers signed, then nothing can be done.

Victor

OP, get your friend to write down everything you can remember about this and keep any documents.

Have registration documents been sent off?

Jo King wrote: »

I would not be too sure about that, when the vendor is not in the trade. Mc Dermott's book also inclines to the view that the implied warranty only applies to sales by trade to consumers.

Defective vehicles have killed millions worldwide. There are strong public policy reason not to allow defective vehicles be sold to unsuspecting purchasers.

BizTalker wrote: »

If its paid in cash, no papers signed, then nothing can be done.

Why do you say this?

Jo King

Stainless_Steel wrote: »

Sale of Goods Act:

"Without prejudice to any other condition or warranty, in every contract for the sale of a motor vehicle (except a contract in which the buyer is a person whose business it is to deal in motor vehicles) there is an implied condition that at the time of delivery of the vehicle under the contract it is free from any defect which would render it a danger to the public, including persons travelling in the vehicle."

Surely a private sale is a contract in this context as well?

3.—(1) In the Act of 1893 and this Act, a party to a contract is said to deal as consumer in relation to another party if—


( a ) he neither makes the contract in the course of a business nor holds himself out as doing so, and


( b ) the other party does make the contract in the course of a business, and


( c ) the goods or services supplied under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.


The purchaser in this case did not deal as a consumer. The Act is intended to apply only to consumer contracts.

Greenmachine

Agreed. Only if the seller specifically specified it was free from a particle defect would the buyer have any recourse. The seller has no obligation to specify any defects in the vehicle unless questioned directly on something specific about the car. If he provided any false information, then he has sold the vehicle under flase pretenses. Omitting to provide specifics is perfectly legal. Lying is not. What is the actual fault with the car OP.

Jo King wrote: »

3.—(1) In the Act of 1893 and this Act, a party to a contract is said to deal as consumer in relation to another party if—


( a ) he neither makes the contract in the course of a business nor holds himself out as doing so, and


( b ) the other party does make the contract in the course of a business, and


( c ) the goods or services supplied under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.


The purchaser in this case did not deal as a consumer. The Act is intended to apply only to consumer contracts.

eth0_

In a private sale, it is the purchaser's responsibility to ensure the car has no major problems. "Sold as seen" and all that.

dermot_sheehan

Eh no, what Greenmachine and etho stated is incorrect.

Dealing as a consumer has nothing to do with section 13, it only applies to other bits of the Sale of Goods, Supply of Services Act.

Section 13 applies, unless the buyer is acting in the course of trade, i.e. the buyer is not acting privately.

Furthermore there is a presumption that the defect was in the vehicle at the time of sale, what Greenmachine said about the seller having to have made a representation that the vehicle was free from a defect is incorrect as the act automatically incorporates the condition that the vehicle is free of defects as a condition of sale.

maidhc

Tester46 wrote: »

and his mechanic now tells him it is not safe to drive.

Do you mean it is dangerous or is likely to break down on a dark winters night?

cruizer101

I'll add my 2c, although as i have no references they are not too valuable.

My understanding is if bought under tradecan be returned for any defect, radiator overheating for example, if private can only be an issue if car is deemed unsafe to drive(not sure the details here), i think even if seller did not know.

Could I advise you to search motors and maybe start a thread there it is the kinda thing someone there would probably know.