'New car, major problem'

[ruthie59]

I hope that I am posting in the correct forum. If not, please feel free to move.

I have a colleague who has just purchased, unseen except for on an internet website, an 05 plate Renault, driving a considerable distance to collect it. All appeared to be fine until the weekend when he had to drive a long journey to visit family members. The car was making peculiar noises and the turbo has been diagnosed as the problem.

The sale was paid for in cash and I would like to know if he has any rights at all. He does not have sufficient funds to repair the car but I wondered if there was some sort of 'cooling off period'. I have suggested he joins the site and perhaps pays a visit to the CAB, although the last option could be difficult!

Many thanks,

Ruthie

[ploddertom]

Re: 'New car, major problem'

Private sale or dealer/trader?

[ruthie59]

Re: 'New car, major problem'

Hi Ploddertom,

It was a private, cash sale which I guess is the worst possible way to buy a car. Cannot believe he didn't have it checked over by the AA or a mechanic.

Ruthie

[ploddertom]

Re: 'New car, major problem'

Does he still have a copy of the ad - if so how was it described? Only if grossly misdescribed will he have a claim I'm afraid.

[ruthie59]

Re: 'New car, major problem'

I will find out tomorrow, Ploddertom. I think that it was a case of 'I've got the cash and I'm going to throw caution to the wind and not come back until I buy one'.

[des8]

Re: 'New car, major problem'

Does he still have a copy of the ad - if so how was it described? Only if grossly misdescribed will he have a claim I'm afraid.

No, SOGA 1979 as amended only sections 12 & 13 apply to private sales.
Section 12 is about sellers right to sell.
Section 13 applies where the sale is solely by description. The buyer cannot rely on this section if they see the goods before the sale ( Harlington & Leinster V Christopher Hull Fine Art {1991) 1Q.B. 564)
The only hope for the buyer is if the vehicle was in an unroadworthy condition as it is an offence under the RTA for ANYONE to sell a vehicle that is not roadworthy without advising the purchaser of its condition& that it is for spares or repair.(RTA 1988 Section 75 (1)

Just reread Original posting and suspect I may have (again) misunderstood position.
If the purchase was completed AFTER seeing vehicle, ie agreed to buy over internet but only paid when he had seen the car he is unlikely to win in court. (currently defending a family seller following a similar scenario and think claimants case is to be rejected as having no merit)
If purchase was completed BEFORE seeing vehicle then Ploddertom is correct.

Anyway seller might not know this and will agree to assist in cost of repairs if asked.

[ruthie59]

Re: 'New car, major problem'

Des,

Thank you for your response. From what I gather, the purchase was made after viewing and taking it for us short test drive.

Needless to say he now regrets not paying for an inspection but plans to go to the CAB as a last resort.

Thank you both so much for your help. It is much appreciated.

[labman]

Re: 'New car, major problem'

Hi Ruthie,

I've looked on and off since yesterday about this. Sadly I can't come up with anything positive. This is what CAB's advice is likely to be as it is a link to their website on the topic:

http://www.adviceguide.org.uk/wales/...ed_to_know.htm


I appreciate this is for Wales, but the law is the same in England I believe.

[ruthie59]

Re: 'New car, major problem'

Labman,

Thank you so much for your time and trouble. It is very much appreciated. My colleague is off work sick at the moment but I did send an e-mail so I think he will be able to look for himself.

It's a great shame that he has lost a considerable amount of money but I sincerely hope he has learned his lesson.

Ruthie