Unroadworthy Vehicle private sale question

[Puzzledat]

Hello everyone, thank you for reading my post. I'm new here looking for some truly needed support and advice , if possible.

I bought a vehicle privately through autotrader on 15/05/2024, described as great runner , good condition.

Since purchase day noticed an oil leak, when questioned, seller denied all the knowledge.

Took it to Halfords, they cleaned it up, told me it could have been an overspill, advised me to keep an eye on it and if it doesn't stop go to the engine specialist. It didn't stop, Halfords looked at it again, identified oil leak around the timing chain area where the seller had work done on 1/05/2024, advised to return it to the garage who did the work as it should be under warranty. Advised me not to drive it too far as it could be dangerous.

Approached the garage where the work has been done on the same day, they advised the work is NOT under warranty for the reason that the work was not complete and the seller was advised accordingly on the invoice. Basically, they are saying the seller took it out of the garage, knowing there are oil leaks, and sold it to me. Another garage looked at it to diagnose the issue, advised me to take the car back to the garage who did the work. Not a single garage/mechanic I approached is able to give me a definitive quote to repair the car, though the original garage suggested the repairs that needed to be completed were close to a £1000.
I advised the seller, asking to return the car for a full refund. He refused. I have been working with Citizens Advice to claim the money back under Sale of Goods Act 1979. But wondering if the seller is actually in breach of Road Traffic Act 1988 and Should I contact the police? And what is the best way forward. It's truly been a nightmare and caused a lot of problems for me. Any comments / advice/ helpful contacts appreciated.

[Pezza54]

Hi Welcome to LB
Unfortunately neither the Consumer Rights Act nor the Sale of Goods Act apply to private sales. Citizens Advice should have informed you about this
Did the seller misrepresent the car when he advertised it as in good condition? Much depends on the age and mileage of the car and the price you paid when compared with the market value
The car with the oil leak is not in breach of the Road Traffic Act. The police would not be interested.
When buying a used car privately "caveat emptor" applies. The buyer is responsible for checking the quality and suitability of the vehicle before a purchase is made
If you decide to sue the seller for breach of the Misrepresentation Act you would be taking a risk. The court decision may take 8-12 months and even if you win there is no guarantee the seller will have the money to repay you

[PallasAthena]

A bit of a long shot, but you could do some research to see if this so-called "private seller" sells lots of vehicles online. If he does it might cast doubt on his claim to be a "private seller". It's not unkown for motor traders to pretend to be private sellers to avoid the legal responsibilities that go with being a trade seller.

[Puzzledat]

Hi Welcome to LB
Unfortunately neither the Consumer Rights Act nor the Sale of Goods Act apply to private sales. Citizens Advice should have informed you about this
Did the seller misrepresent the car when he advertised it as in good condition? Much depends on the age and mileage of the car and the price you paid when compared with the market value
The car with the oil leak is not in breach of the Road Traffic Act. The police would not be interested.
When buying a used car privately "caveat emptor" applies. The buyer is responsible for checking the quality and suitability of the vehicle before a purchase is made
If you decide to sue the seller for breach of the Misrepresentation Act you would be taking a risk. The court decision may take 8-12 months and even if you win there is no guarantee the seller will have the money to repay you

Hey thank you for the post, I really appreciate your advice! Only just found these posts, glad I decided to check my inbox here, I was waiting to be notified by email, guess this is not how it works here, lesson learned.
The citizens advice still think I can claim for the repairs, so that I at least have a running car I can either keep or resale, but I need to let the seller know about this. The seller keeps denying all responsibility and asked me not to contact him again by any means saying I 'accused' him of crime. The CA can't tell me if by writing to the seller I would be breaking any laws. Do you know who can answer this? Is Misrepresentation Act worth pursuing in this case and where would I start? I don't mind waiting if I'm only claiming for repairs.

[Puzzledat]

A bit of a long shot, but you could do some research to see if this so-called "private seller" sells lots of vehicles online. If he does it might cast doubt on his claim to be a "private seller". It's not unkown for motor traders to pretend to be private sellers to avoid the legal responsibilities that go with being a trade seller.

Thank you for taking time to respond and for the tip, that might be worth looking into , seeing the guy works for Honda. Hmmm...

[PallasAthena]

Only just found these posts, glad I decided to check my inbox here, I was waiting to be notified by email, guess this is not how it works here, lesson learned.

Puzzledat You should receive an email notification when someone posts in your thread unless it is turned off for some reason.

Click on your user name top left corner of screen [I'm doing this on a desktop PC], go to Edit Settings then click on the Notifications tab. There's a setting for 'Email Notifications'. Make sure that is set to 'On'. Review the list of options you want to receive notifications for.

[atticus]

But in what capacity does he work for Honda? Mechanic? Accounts clerk? HR? You get the picture.