Bought car privately and it broke down, legal advice?

Ciano167

I bought a car Saturday. I meet the seller at a filling station, car seemed alright I started it up and looked under the bonnet etc. I was driving home about 20/30minutes out the road when the oil light and engine management light came on, I immediately pulled in and as I did the car cut out on me and wouldn't start. My mechanic thinks its engine problem (will need new engine). The seller is refusing to repay me or even cover the cost of repairs fir new engine. What are my legal options? Clearly she must have known there was a problem with the car when it broke down on Me after 30minutes

Joeseph Balls

Ciano167 wrote: »

I bought a car Saturday. I meet the seller at a filling station, car seemed alright I started it up and looked under the bonnet etc. I was driving home about 20/30minutes out the road when the oil light and engine management light came on, I immediately pulled in and as I did the car cut out on me and wouldn't start. My mechanic thinks its engine problem (will need new engine). The seller is refusing to repay me or even cover the cost of repairs fir new engine. What are my legal options? Clearly she must have known there was a problem with the car when it broke down on Me after 30minutes

Sold as seen I think. No comeback, you can't prove she knew it was faulty unfortunately

ytpe2r5bxkn0c1

Private sale, so buyer beware.



You just met her at a filling station and bought a car without getting it checked out first??????

Dev84

Ciano167 wrote: »

I bought a car Saturday. I meet the seller at a filling station, car seemed alright I started it up and looked under the bonnet etc. I was driving home about 20/30minutes out the road when the oil light and engine management light came on, I immediately pulled in and as I did the car cut out on me and wouldn't start. My mechanic thinks its engine problem (will need new engine). The seller is refusing to repay me or even cover the cost of repairs fir new engine. What are my legal options? Clearly she must have known there was a problem with the car when it broke down on Me after 30minutes

Lesson to be learned here im afraid.

elperello

What is it and how much did you pay?
Generally speaking private sales do not include a guarantee.
Sorry for your trouble 30 minutes is a very short time.

Ciano167

Joeseph Balls wrote: »

Sold as seen I think. No comeback, you can't prove she knew it was faulty unfortunately

A local garda of mine reckons it could go to civil court as she sold a faulty item(car). It was clearly faulty when it broke down after half hour

Dev84

Ciano167 wrote: »

A local garda of mine reckons it could go to civil court as she sold a faulty item(car). It was clearly faulty when it broke down after half hour

No. Private sale. How do we know it wasnt bad driving or some other factor thst caused it

Dev84

Make model year and cost would be good.

Atlantic Dawn

How much was the car?

bazz26

Why do people only have a mechanic check a car over after they buy it and it develops a problem? Unless you know your way around an engine bay it's just crazy buying a used car especially from a private seller without having a mechanic inspect it.

OP, I'm sorry to say but you have no legal recourse here. The owner was probably aware of an issue with the car given it happened so quickly but proving it can be nigh impossible and with a private sale it's buyer beware. If you want comeback or protection then you buy from a dealer/garage. I'm afraid it's a harsh lesson to learn but I don't see anyway other way out of this.

ytpe2r5bxkn0c1

Ciano167 wrote: »

A local garda of mine reckons it could go to civil court as she sold a faulty item(car). It was clearly faulty when it broke down after half hour

Sorry, but he's talking rubbish. Private sale, by law, is bought as seen. You have no recourse. Hence there is 'Caveat Emptor' in law. Ask your Garda friend about it.

Ciano167

Dev84 wrote: »

No. Private sale. How do we know it wasnt bad driving or some other factor thst caused it

I understand what you mean, but surely after only 30minutes it was obviously faulty?

Jane1012

Caveat emptor - buyer beware.

I don’t think you have any recourse here sorry

boardsuser1

Yes buyer beware.

I sold a car last week for €300, a mechanic came to look at it, gave it a right going over before giving the all clear for the deal to go ahead.

I can't see how you could be successful in a small claims action for a private sale.

Small claims court cases are civil matters, any time i try to talk to a guard on a civil matter they refuse to engage.

Your friend must know something the rest of them don't.

Look up the sale of goods and supply of services act 1980 and see does it exclude private car sales?

bazz26

I'm sure a solicitor will take your money but good luck successfully proving it in court.

Heres Johnny

My friend bought a car a few months ago and it broke down on first day. It had been sitting up for a few months as the seller had bought himself a people carrier due to new baby and had been unable to sell old car. Test drive was fine but when buyer told seller it broke down first day seller in fairness told him to bring it to sellers mechanic to have a look. Alternator and fuel pump failed and seller covered the cost no problem.
It was a genuine oversight as seller hasn't been driving it and idleness caused some problems.
But he didn't have to do this, he was just an honest guy. Not all private sellers are as fair.

Dev84

Ciano167 wrote: »

I understand what you mean, but surely after only 30minutes it was obviously faulty?

Make model year and cost please. oh and milege.

ytpe2r5bxkn0c1

Ciano167 wrote: »

I understand what you mean, but surely after only 30minutes it was obviously faulty?

How did you inspect the car before buying?


Not that it changes the legal position, just curious as to what steps you took to protect yourself in the transaction..

Lantus

Ciano167 wrote:

A local garda of mine reckons it could go to civil court as she sold a faulty item(car). It was clearly faulty when it broke down after half hour

Best of luck with that! A very expensive process that may not yield a result.

Meeting a stranger at a garage to buy a car is odd. No test drive? No mechanic? Was it a very cheap car? The fact you are considering legal which could cost thousands indicates probably not??

Very sorry you have suffered but buyer beware and what appears to be over trust and naivety has resulted in a terrible outcome.

It's terrible that someone would potentially willingly do this but as a private buyer you have zero comeback unless your legal team advise otherwise.

Pawwed Rig

With respect to the Garda, I wouldn't be listening to legal advice from one. If you want legal advice call a solicitor.

EPAndlee

Ciano167 wrote: »

I understand what you mean, but surely after only 30minutes it was obviously faulty?

It could just be a coincidence that it happened to broke down after he/she bought it

iwillhtfu

Ciano167 wrote: »

A local garda of mine reckons it could go to civil court as she sold a faulty item(car). It was clearly faulty when it broke down after half hour

The only way I know of making a successful claim is proving the seller had prior knowledge of the fault which would be very difficult to prove or prove the seller had some reasonable degree of knowledge of the car such as a mechanic.

I know of one successful case of person buying a previously written off car and buyer found out seller was a mechanic that bought and sold cars. After nearly 2 years back and forth buyer got a full refund.

What was the car and how much did you pay?

road_high

Incredible the way people still buy cars like this, with their eyes wide shut. All the advice about buying/checking cars dually ignored.

Sleeper12

Ciano167 wrote:

A local garda of mine reckons it could go to civil court as she sold a faulty item(car). It was clearly faulty when it broke down after half hour

Saying that she deliberately sold a faulty car & proving it are two different things.

I'm sorry for you. It's a horrible thing to happen

happyoutscan

EPAndlee wrote: »

It could just be a coincidence that it happened to broke down after he/she bought it

Ah now.

amcalester

Dev84 wrote: »

Make model year and cost please. oh and milege.

Just curious but why is this relevant?

Dev84

EPAndlee wrote: »

It could just be a coincidence that it happened to broke down after he/she bought it

Lol

bazz26

Cork Truck Driver wrote: »

Yes buyer beware.

I sold a car last week for €300, a mechanic came to look at it, gave it a right going over before giving the all clear for the deal to go ahead.

I can't see how you could be successful in a small claims action for a private sale.

Small claims court cases are civil matters, any time i try to talk to a guard on a civil matter they refuse to engage.

Your friend must know something the rest of them don't.

Look up the sale of goods and supply of services act 1980 and see does it exclude private car sales?

Small claims court doesn't apply to private sellers.

Dev84

amcalester wrote: »

Just curious but why is this relevant?

Just curious myself. Like does anyone spend big money when buying a car this way?

road_high

amcalester wrote: »

Just curious but why is this relevant?

Of course it’s relevant. There’s known issues with certain engines and the mileage query is self explanatory.

Gorgeousgeorge

You are out of luck. Noting you can do about it

elperello

amcalester wrote: »

Just curious but why is this relevant?

Because it puts the unfortunate situation of the OP in context.
If it was a cheap car not so bad, If it was an expensive car bad.
If it is a common fault to the model advice may be forthcoming.

Dev84

road_high wrote: »

Of course it’s relevant. There’s known issues with certain engines and the mileage query is self explanatory.

Its the money thing too. What would drive someone to part with hard earned cash in this manner. Obviously a young lad.

Pardon the pun

Ciano167

iwillhtfu wrote: »

The only way I know of making a successful claim is proving the seller had prior knowledge of the fault which would be very difficult to prove or prove the seller had some reasonable degree of knowledge of the car such as a mechanic.

I know of one successful case of person buying a previously written off car and buyer found out seller was a mechanic that bought and sold cars. After nearly 2 years back and forth buyer got a full refund.

What was the car and how much did you pay?

When I rang the seller, she told me that her mechanic had looked at the car and he said there was no problems. She then also told me how the car had been parked up the last few months while she was trying to sell it, but she never mentioned this when I was buying the car? So isn't that some way giving misleading information? Maybe I'm wrong, I was just curious In looking fir advice

Dev84

Ciano167 wrote: »

When I rang the seller, she told me that her mechanic had looked at the car and he said there was no problems. She then also told me how the car had been parked up the last few months while she was trying to sell it, but she never mentioned this when I was buying the car? So isn't that some way giving misleading information? Maybe I'm wrong, I was just curious In looking fir advice

How much was the jaysus car lad? model make year and milege.

This is getting tedious.

boardsuser1

bazz26 wrote: »

Small claims court doesn't apply to private sellers.

My point basically.

They can try the civil court in the local district court, but that would cost about €500 for a solicitor, making them pay up if successful is a whole other area.

road_high

Ciano167 wrote: »

When I rang the seller, she told me that her mechanic had looked at the car and he said there was no problems. She then also told me how the car had been parked up the last few months while she was trying to sell it, but she never mentioned this when I was buying the car? So isn't that some way giving misleading information? Maybe I'm wrong, I was just curious In looking fir advice

People need info before they can advise you? This is all anecdotal stuff, we need hard facts. Not he said/she said as not worth the paper it’s not written on

amcalester

elperello wrote: »

Because it puts the unfortunate situation of the OP in context.
If it was a cheap car not so bad, If it was an expensive car bad.
If it is a common fault to the model advice may be forthcoming.

Good points.

I was just struggling to see the relevance in regards to caveat emptor.

liam7831

Just send it to the scrapyard and move on with your life, call it character building

endacl

Ciano167 wrote: »

When I rang the seller, she told me that her mechanic had looked at the car and he said there was no problems. She then also told me how the car had been parked up the last few months while she was trying to sell it, but she never mentioned this when I was buying the car? So isn't that some way giving misleading information? Maybe I'm wrong, I was just curious In looking fir advice

You're out of luck, I'm afraid. Even if she knew for an absolute fact that it would fall apart like a clown's car half a mile down the road, you'd still be out of luck.

A real pain in the hole, and a lesson hard-learned.

road_high

Dev84 wrote: »

How much was the jaysus car lad? model make year and milege.

This is getting tedious.

Without sounding too cruel, I’m starting to see why the OP was done!

Dev84

amcalester wrote: »

Good points.

I was just struggling to see the relevance in regards to caveat emptor.

A new engine might be the way to go. A well fitted one will last.

But without any info this thread is doomed.

wexie

Ciano167 wrote: »

I understand what you mean, but surely after only 30minutes it was obviously faulty?

More likely than not yes.

Extremely unlikely you'll be able to prove it somehow.

Selling a faulty car as a private individual isn't in and of itself illegal.

It's knowingly selling a faulty car and not telling the buyer about it that is.

Chances are what happened is they drove to the petrol station, plugged in whatever device they used to reset and clear any errors on the car, gave it a chance to cool down a bit and waited for you to show up with the money.

That sucks, but there's probably really not a lot you can do.

Sorry dude

elperello

Ciano167 wrote: »

When I rang the seller, she told me that her mechanic had looked at the car and he said there was no problems. She then also told me how the car had been parked up the last few months while she was trying to sell it, but she never mentioned this when I was buying the car? So isn't that some way giving misleading information? Maybe I'm wrong, I was just curious In looking fir advice

Was it taxed,insured and NCT'd when you bought it?

Are you deliberately withholding make, model, year, price to protect anonymity?

endacl

EPAndlee wrote: »

It could just be a coincidence that it happened to broke down after he/she bought it

The opposite of a coincidence, surely?

If it had broken down before he bought it, he wouldn't have bought it.

Ciano167

elperello wrote: »

Was it taxed,insured and NCT'd when you bought it?

Are you deliberately withholding make, model, year, price to protect anonymity?

Yes taxed, ncted, and insured. 2005 Toyota Corolla 1.4 vvti, 170k km on it

Fighting Tao

Ciano167 wrote: »

Yes taxed, ncted, and insured. 2005 Toyota Corolla 1.4 vvti, 170k km on it

You forgot price.

liam7831

Maybe it's an electric car, have you tried plugging it in to anything, if all else fails try connecting the cigarette lighter to the mains

Dev84

Ciano167 wrote: »

Yes taxed, ncted, and insured. 2005 Toyota Corolla 1.4 vvti, 170k km on it

Plenty of engines around. Get a price and a decent fella to fit. Im thinking 500 to 700. Thats what id do.

CiniO

Ciano167 wrote: »

I bought a car Saturday. I meet the seller at a filling station, car seemed alright I started it up and looked under the bonnet etc. I was driving home about 20/30minutes out the road when the oil light and engine management light came on, I immediately pulled in and as I did the car cut out on me and wouldn't start. My mechanic thinks its engine problem (will need new engine). The seller is refusing to repay me or even cover the cost of repairs fir new engine. What are my legal options? Clearly she must have known there was a problem with the car when it broke down on Me after 30minutes

Yes, there is possibility that seller was aware of some issue and tried to mask it so you wouldn't realise during test drive/transaction.

But there is also a very likely option, that seller was genuine, and car breaking down 30 minutes after you bought it, is just pure coincidence.

I actually consider latter option to be more likely.

Ciano167

Dev84 wrote: »

Plenty of engines around. Get a price and a decent fella to fit. Im thinking 500 to 700. Thats what id do.

Yeah I'm lucky that I can get an engine fitted cheap enough, so it could be a lot worse. Was just looking for neutral advice. Thanks