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Do I have any legal come back from buying a car privately

  • 11-04-2010 2:03pm
    #1
    Closed Accounts Posts: 12


    So I bought a car privately last week and I am having a bit of bother with it. Its a 2001 Seat Leon 1.4l. I didnt spend over the odds for it but over the weekend I have had a bit of engine bother. The car has just recently been NCT'd so I pressumed it was ok. It turns out there is a problem with some sensor in the engine and is in the middle of being repaired at the minute. The mechanic has said there are a couple of other things that need to be repaired and that some of the warning lights look to have been tampered with so I wouldnt see that there was a problem.

    So its roughly going to cost me about 3 or 4 hundred to get it all fixed. Does anyone know if I have any legal come back on this with the person who sold me the car or am I completly liable myself.

    Any info would be helpful


Comments

  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    You have no comeback at all.

    You should have had it checked over by a mechanic/someone who knows what they're doing before buying.


  • Closed Accounts Posts: 16,801 ✭✭✭✭Gary ITR


    unless you can prove the seller knowingly sold you a car with problems then you are bunched. This is obviously quite hard to prove so I wouldn't hold out too much hope. Maybe a polite phonecall to the seller might get you some goodwill


  • Moderators, Society & Culture Moderators Posts: 40,349 Mod ✭✭✭✭Gumbo


    You have no comeback at all.

    You should have had it checked over by a mechanic/someone who knows what they're doing before buying.

    harsh but its the truth. unless the seller lied to you when you were buying it and even if he did lie to you its your word against his now im afraid.

    the above words are tru, if your not competent enough to spot problems with a car you should have a competent person with you, ie. a mechanic. for some cars that i buy i still bring a mechanic with me as some cars are still tricky and can hide lots of problems.

    sound like your problem is an easy fix and in all reality not very very expensive depending on whst exactly is wrong but based on a the coupe of hundred price you got.

    put it donw to a lesson learned imo.


  • Registered Users, Registered Users 2 Posts: 589 ✭✭✭IanVW


    no comeback:) up to you to check them over:)


  • Registered Users, Registered Users 2 Posts: 51,362 ✭✭✭✭bazz26


    Caveat Emptor - Let the buyer beware.

    Buying private without having the car checked first is crazy. OP, I think you got off lightly with a bill of only a few hundred euro, it could have been alot worse for you. A valuable lesson learned for next time, me thinks.


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  • Closed Accounts Posts: 12 Glynner83


    Turns out the car needs a new engine, so it was an expensive mistake.


  • Closed Accounts Posts: 10,898 ✭✭✭✭seanybiker


    crap. Sorry to hear that. At least you learned a lesson.


  • Closed Accounts Posts: 430 ✭✭cullen5998


    IanVW wrote: »
    no comeback:) up to you to check them over:)

    Why the smiley faces?


  • Moderators, Business & Finance Moderators Posts: 17,858 Mod ✭✭✭✭Henry Ford III


    Tampered with warnings lights are a suspicious sign. Shame you didn't notice them earlier.

    Buying privately can be great, as the price should be a bit lower than a dealer. You just have to be careful and thorough.


  • Closed Accounts Posts: 9,873 ✭✭✭Skid


    Sorry to hear about your bad experience, OP.

    The NCT is given far too much importance by prospective buyers of used cars.

    It covers a very limited number of safety related tests, It was no guarantee that the car is in decent condition.

    Get a good mechanic to do an inspection every time you are buying - always worth it.


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  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    Glynner83 wrote: »
    Turns out the car needs a new engine, so it was an expensive mistake.

    its a bit of a jump from a didgy sensor to needing a new engine....would a second opinion be a good idea?


  • Closed Accounts Posts: 1,162 ✭✭✭giant_midget


    I would get a second opinion, why exactly does it need a new engine.

    Also check citizens advice centre for things like this, Unless the person sold you the car and it is a danger to you to be driving then you have no comeback at all.


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    I would get a second opinion, why exactly does it need a new engine.

    Also check citizens advice centre for things like this, Unless the person sold you the car and it is a danger to you to be driving then you have no comeback at all.

    He still has no comeback because the seller would likely say he had no idea and no judge will order his money back even if he somehow managed to get it to court. Buyer beware!


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    yes, you'd have to prove fraud or similar and that would be near imposssible Id say


  • Registered Users, Registered Users 2 Posts: 589 ✭✭✭IanVW


    cullen5998 wrote: »
    Why the smiley faces?

    why not?


  • Registered Users, Registered Users 2 Posts: 5,473 ✭✭✭robtri


    jesus.. all the negative stuff here....

    you have come back...

    if the goods where sold where not as advertised then there is comeback, if you can prove the seller purposely misled you... covered up a fault by tampering with the warning lights... then go back for money, and hand to a solicitor...
    most private sellers trying to hide some dodgy stuff will give in before it goes to court


  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    Hard to prove the OP was misled though. I suppose if he had something from the seller saying he wasnt aware of any faults & then if the OP could find evidence from the garage the seller used stating that there was a serious engine problem, well then there would be a pretty solid case but apart from that not much hope.


  • Closed Accounts Posts: 1,162 ✭✭✭giant_midget


    taken from

    http://www.citizensinformation.ie/categories/consumer-affairs/motoring/advice_on_buying_a_used_car_in_Ireland

    "Through a small advertisement

    Vehicles are often advertised by private individuals on the internet and in the ‘small ads’ section of newspapers. If you buy a car from a small advertisement or on the internet from a private individual you are generally not buying from a person whose normal business it is to sell cars (although sometimes used car dealers do advertise in this way). Again in this case you have very little legal protection if you find that the car that you have bought is faulty. Your only right to redress is if the car is sold with a defect that would endanger people driving it. It is important that in this situation you protect yourself from unscrupulous people. It may be worthwhile to employ the services of a trusted mechanic who may be able to advise you on the mechanical state of the car. "

    I think this clears it up....


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    He has no hope, no point trying to get his hopes up.

    He presumed it was ok cos it had an NCT. A judge will ask if he had it looked over by a mechanic. When he says no the judge will say why not.

    "Well it had an NCT so I assumed it was ok"

    He bought as seen. All the seller has to do is deny it. Hell he can even smile while denying it and still get away with it. The car was advertised as is. The goods were sold as advertised.


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    Your only right to redress is if the car is sold with a defect that would endanger people driving it.

    But the seller just has to deny he knew about it. Hell for all we know he didn't know about it. The OP would have to prove he knew about it.


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  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    The OP would need to prove 100% that the seller knew about the defects. He would have to prove that he himself did not tamper with the warning lights etc.

    He tells us he didn't and I for one believe him. But it boils down to his word against the seller's.


  • Registered Users, Registered Users 2 Posts: 1,880 ✭✭✭caprilicious


    Sorry to hear about your trouble OP.
    If its any consolation same happened to me last week, bought a car from a private seller. I didn't have €€€ to get a mechanic to come with me and paid for it as the car needs to have the timing chain replaced.
    Needless to say when I contacted the seller he wasn't interested :mad:

    Irritating thing is I had asked him specifically if the timing belt had been changed recently, he told me it was a belt and 'they never need to be changed'.
    When I googled his details it turns out he trades as a dealer but sold me the car from him house/as private seller so I've no comeback.
    Caveat Emptor indeed!

    I hope it wont cost you too much to get the car sorted


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