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Mis-sold private used car

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  • Mis-sold private used car

    I bought a used car privately on 23/8/20.

    The advert stated the car had a "solid chassis" and praised it's good mechanical condition.

    i inspected this car before purchase and did not initially spot anything wrong. The seller reinforced how good the condition of the mechanicals and chassis were verbally.

    After getting the car home, i had to deal with a variety of unexpected problems (leaks, overheating, starter motor failure), but took these on the chin. However, further inspection revealed the chassis outriggers to be completely rotten and arguably unsafe for the road. There was a lot of hidden rust and a huge hole in the chassis tubes that is very difficult to see.

    i mentioned it to the seller and asked about coming to an agreement, but they are refusing to oblige and insist they were unaware of it.
    Tags: None

  • #2
    You have very little rights in a private sale.
    If the car is unsafe it should not have passed its Mot. Have a look at history and see if any advisories . If there are then must have been aware.

    Comment


    • #3
      Sorry not read post carefully enough. Since the seller stated solid chassis that is obviously misrepresentation. Investigate opportunities of small claims court.

      Comment


      • #4
        Originally posted by Scot22 View Post
        Sorry not read post carefully enough. Since the seller stated solid chassis that is obviously misrepresentation. Investigate opportunities of small claims court.
        Is it likely worth the effort / cost?

        Will I have to prove they purposefully misrepresented or is their ignorance sufficient?

        Does any liability lie with me for not spotting the issue in initial inspection?

        Cheers

        Comment


        • #5
          Get the last MOT and see what it says

          Comment


          • #6
            misrepresentation can be innocent (ie seller genuinely thought the car was solid) but none the less there can be consequences.
            A court could order recission of the contract ie you are all put back in the position that obtained before the sale, or they could award you damages.

            Comment


            • #7
              Originally posted by ostell View Post
              Get the last MOT and see what it says
              MOT is all clear.

              Comment


              • #8
                And the previous?

                Comment


                • #9
                  Originally posted by ostell View Post
                  And the previous?
                  All clear. Never had any issues relating to chassis.

                  However, there is no way the rust hole in the chassis appeared in such a short time, so it's either been missed or had a dodgey MOT.

                  Comment


                  • #10
                    Have you had an inspection by a qualified motor engineer?

                    Comment


                    • #11
                      Originally posted by des8 View Post
                      Have you had an inspection by a qualified motor engineer?
                      Nope, but I found a rusted out hole in the chassis that I can fit 4 fingers in that isn't supposed to be there.

                      Comment


                      • #12
                        depends where the hole is as to whether or not it is a MoT failure

                        Comment


                        • #13
                          Originally posted by Strudul View Post

                          Nope, but I found a rusted out hole in the chassis that I can fit 4 fingers in that isn't supposed to be there.
                          Chassis outrigger. Around a mounting hole to the body, but not near a suspension point.

                          Comment


                          • #14
                            It sounds problematic, but if you intend initiating court action you will need more than an unsighted forum member's opinion.
                            You need an independent qualified engineer's report.

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