Buyer beware or intentional deceit

northgael

There was an ad in the dealer for a last thursday, 2011 avensis, good condition, 129k miles 3950. I rang the number, a lady answered. I asked about the service history, she said it had been serviced in local garage and it's going well.

I asked could I see it, arranged a meeting to suit her at 8.30pm at a hotel carpark. Quite dark at this time, some street lights from hotel and adjacent road. I met the guy, asked about the service history, he said he had no documentation but that it was well looked after. The body work looked ok, the interior was acceptable, good signs of usage on the seats but they were clean.

I took the car for a drive, seemed ok, electrics working, lights, windows etc. Checked the bonnet, it looked a bit 'dry'. I asked was it sitting up for a while. Guy said a few weeks. Also informed that it was recently nct'd until June 2021. I agreed to but for 3700.

Took the car home, asked a mechanic to look at it as I thought it sounded 'rattley' at low speed. He had a look at it and said the head gasket is gone in it. Didn't just happen recently either. I recall that the dipstick oil looked a bit on the clear side for oil. thinking this could have been water mixture in hindsight. Oh and the nct was for a hackney, not a private car, so i'll have to put it through the nct once I get my mechanic to put another engine in it. Mechanic also thinks odometer could be hacked as no way could it only have 129k miles if it was a hackey before?

I rang the number, same lady answered again, I asked if i could speak to her husband, she said he went away to england to work, at diggers . (During test drive he never mentioned diggers, he said he was a van delivery driver. I asked for their address as I said id something to post, she took a minute to explain an address and how to get there, which was miles from the address on the reg documentation. I was sussing out to see if they'd give me the address I recalled looking on the reg document. I was told to ring back on the 15th when the husband would be back. I asked for her name and SHE said her name was JOHN!! I said what!? She said John, I said you're a woman!? Then she said it's Jennifer! Never heard such a stupid lie in my life. I rang again later to explain who I was but there was no answer at all. I left a message asking why they sold me a car with a dud engine. I sent texts and said that I would get the guards and legal so they wouldn't get away with it.

Do I have any legal back up with this as it was clearly intentional deceit. I know I was stupid to take the guy on his word alone. I'm out of work at the minute so can't afford legal advice, Im angry at myself and furious at the guy and his missus.

billybonkers

https://www.citizensinformation.ie/en/consumer/cars/buying_a_used_car.html#

Buying from a private seller
Private sellers (and in some cases car dealers), advertise used cars on the internet through third-party auction websites or online marketplaces (such as DoneDeal, AutoTrader and Carzone). Sellers of used cars also advertise in the small ads section of newspapers and car magazines.

If you buy from a private seller, you have very few legal protections. Irish and EU consumer laws only apply to deals between a consumer (a person who buys a good or service for personal consumption) and a trader (a person acting for purposes related to their trade, business or profession). It does not apply when you buy from a private individual who is not a trader, for example, someone who is selling their own car to you but who does not sell cars as a profession.

Make sure to do your research before you buy
Before you buy from a private seller, make sure to ask if the car was bought under a hire purchase (HP) or Personal Contract Plan (PCP) agreement. If the current owner bought the car by HP or PCP, they do not own it until they have made the final payment to the finance company. Check that all payments have been made so that the car now belongs to the seller (not the finance company) and they have a right to sell it. Find out more about hire purchase.

Before you buy from a private seller, you should also:

Check the car’s history or ownership status through official records such as Motorcheck, Cartell, MyVehicle, or Carhistorycheck
Check the car, both inside and out, for any wear and tear. The Competition and Consumer Protection Commission (CCPC) has a car purchase checklist.
Get a mechanic, an auto engineer or a person with some knowledge of car mechanics to inspect the car
Shop around and ask questions before deciding to buy it
Make sure the car has been serviced regularly and the service book has been filled in
Pay using a secure method of payment, such as a credit or debit card or PayPal. Do not send money via bank or wire transfer. If you pay securely, you may be able to use chargeback in cases of scams or other fraud – see ‘If things go wrong’ below.
You should do your research thoroughly and beware of scams. Unlike a trader, a private seller has no legal duty to provide information you have not asked for.

SIMI has more advice about buying a car.

northgael

It'll be a hard lesson.

Claw Hammer

You should try the Motors Forum. They might be able to advise you about what to do about the cylinder head gasket.

northgael

Cheers, I've left it in with the mechanic. Most cost effective solution in the long run is to get a decent second hand engine with low miles in put it in rather than spending too much time sorting that one with the labour etc