I want to return a car I bought to a private seller

[redjo321]

Hello, thanks for looking at my post.

I bought a car last Sunday that I found on ebay. When to see the car, looked fine asked the seller is everything working on it and he said yes. Went for a test drive and he drove it. The car seemed to drive fine but he quietly mentioned 'there's a slight pull to the left' the tracker needs correctly, would cost only £25. I didn't really think much of it. I then bought the car and after a while of driving the problem is very bad. The steering wheel is off and has to be held constantly to the right others it pulls left, the car constantly pulls left and is very dangerous. I can barely park it because of the problem.

I took it to a autocentre today and tried to have it fixed. They had to do the full wheel alignment and called me saying they couldn't fix it and more work has to be done. They quoted '£250' for the car to be fixed.

I'm really upset with myself for buying the car and stay up all night thinking about it.

I really don't know what to do.

[paulajayne]

Re: I want to return a car I bought to a private seller

I think "sold as seen" comes into play here.

Unless it was a dealer you purchased it from. Was it?

[redjo321]

Re: I want to return a car I bought to a private seller

I think "sold as seen" comes into play here.

Unless it was a dealer you purchased it from. Was it?

Yeah it was bought from a private dealer.

The autocentre tried to fix the wheel alignment but couldn't do it. They then wanted £70 for attempting to fix it as they spent 3 hours trying to do it. They then said the problem was much biggest and needed to parts to attempt to fix it.

I asked a few times would the problem be fixed if they did it and they said there's no telling as they don't know the full length of the problem, it could be chassis damage etc.

I have been doing my research on the problem and it seems that people still have issues with there car even after it being 'fixed'.

I want to cry :tinysmile_cry_t:

[paulajayne]

Re: I want to return a car I bought to a private seller

Hi, It was either "private" where basically sold as seen and buyer beware comes into play.

Or a dealer who has to comply with the sale of goods act, if it was a dealer then you have some redress to either return the car for them to effect a satisfactory repair or return your money.

Can you post the EBay ref number?

[des8]

Re: I want to return a car I bought to a private seller

I'm sorry, but if you buy from a private seller after having examined the car, you have very little rights.

You could possibly approach him on the basis that IF the car was in a dangerous condition, he committed a criminal act by selling it to you.
Road Traffic Act 1988 Sec 75. applies.
You could report him to Trading Standards, but it is unlikely they will do anything.
You could sue him in the County Court because of the breach of RTA.

Are you sure the seller was not a trader pretending to be a private seller?
Did you view the vehicle at a private address,?
Does that address tie in with the documentation?
Was his name on the registration document?

[redjo321]

Re: I want to return a car I bought to a private seller

Had contact with him today. He said since they sent off the documents I own the car and that I couldn't get a refund. He said that he will cover the costs of the repairs.

I'm just really worried that the problem won't be fixed. I'm really quite poor so buying this car was a huge burden for me.

If it gets fixed correctly then I will sell the car on as this whole costly situation has made me hate cars.

If the problem doesn't get fixed then I'm really not sure what to do.

[des8]

Re: I want to return a car I bought to a private seller

Had contact with him today. He said since they sent off the documents I own the car and that I couldn't get a refund. He said that he will cover the costs of the repairs.

I'm just really worried that the problem won't be fixed. I'm really quite poor so buying this car was a huge burden for me.

If it gets fixed correctly then I will sell the car on as this whole costly situation has made me hate cars.

If the problem doesn't get fixed then I'm really not sure what to do.

This sounds more and more like a dealer to me.
What guarantee do you have that he will cover the cost of repairs? A telephone conversation?
I would instruct the autocentre to stop working on the car, until you receive written confirmation from the seller that he will meet all repair bills.
Find out what you can about the seller as post 5.

I hope for you he is a private seller doing the right thing, but I'm old enough to be cynical.

[redjo321]

Re: I want to return a car I bought to a private seller

I think he just genuine. He offered to pay me the amount straight away.

Get the car fixed tomorrow, call him to pay for it. Then I will try to sell the car as I'd rather take the train.

[paulajayne]

Re: I want to return a car I bought to a private seller

Why sell it if it has been repaired?

[redjo321]

Re: I want to return a car I bought to a private seller

Why sell it if it has been repaired?

I hate driving and cars. Don't ever want to do with these problems again.

[redjo321]

Re: I want to return a car I bought to a private seller

Just an update. The garage still has my car and still are trying to fix the car. They want more money for more work and it's going to cost me around £500 for the work which they still haven't fixed.

I have tried to contact the private seller to get the cost of the repair he agreed on but he is ignoring me now.

[des8]

Re: I want to return a car I bought to a private seller

If this was a private sale, you are basically stuck with the vehicle unless
1) it was in a dangerous condition or
2) the seller was a dealer masquerading as a private seller
See posts 5 & 7

[dan_1207]

Re: I want to return a car I bought to a private seller

Caveat emptor. Unfortunately, this must be put down to experience.

[stevemLS]

Re: I want to return a car I bought to a private seller

[QUOTE=des8;573875]

You could possibly approach him on the basis that IF the car was in a dangerous condition, he committed a criminal act by selling it to you.
Road Traffic Act 1988 Sec 75. applies.
You could report him to Trading Standards, but it is unlikely they will do anything.
You could sue him in the County Court because of the breach of RTA.
/QUOTE]

Pulling to the left does not necessarily mean it is "dangerous" within the meaning of s75.

Whilst s75 creates the criminal offence, it does not automatically follow that a civil liability is created, in my humble, particularly given that ss7 specifically provides that the section does not affect any contract or the rights it creates.

[des8]

Re: I want to return a car I bought to a private seller

Thanks for the pointer to SS (7).

Regarding "dangerous" the original post says dangerous and it is taking a lot of effort to fix the problem
The Act says ".....a motor vehicle or trailer is in an unroadworthy condition if—

(a)

it is in such a condition that the use of it on a road in that condition would be unlawful by virtue of any provision made by regulations under section 41 of this Act as respects—

(i)

brakes, steering gear or tyres, .............
.........

(b)it is in such a condition that its use on a road would involve a danger of injury to any person]"

(a) certainly applies and (b) probably