Legalities of buying 2nd hand cars? Serious issue.

chodjinn · Post by **chodjinn** » Thu Jun 25, 2009 4:47 pm

Hmph, something came up today regarding the MR2 and I'd like some advice if possible.

When i bought the car, the man didn't have the V5, so gave me a cheque for £25 to cover a new one. No issues there. The tax was just about to run out as well, but it wasn't until after I bought the car and got it home that I found out it takes 6 weeks to get a new V5. The car also needed an MOT, which I was fine with as he had the recent fail sheet and it just 'needed the handbrake adjusting' according to him - it actually needed a complete refurb and cost me £35 (so £75 inc. the MOT).

When I bought the car, I was assured it was mechanically and electrically sound. When I went to collect the car, I only drove it for a short distance and noticed the clutch slipping. I mentioned this to the previous owner (he was in the car, I was giving him a lift home) and he assured me it was a 'glazed clutch' and that it had happened 'once before about 6 months ago'. Now, i'm not a dummy when it comes to cars, and neither is he (he just finished automotive engineering at uni).

So I went along with it, it drove home ok but the next morning I noticed it really bad. So unfortunately I had to get a new clutch sorted out, which cost me £240. Now as far as I am concerned, the sale of the car was misrepresented, as the car wasn't mechanically sound and he also failed to mention the clutch problem until I'd paid him.

So I phoned the previous owner about the clutch, and also mentioned the taxing issue. Cut a long story short, we agreed a deal where he paid for 6 months tax and would send the disc up to me, and we call it quits, everybody happy. Well he did that, and also cancelled the £25 cheque for the V5, as I have just received the letter from the bank.

Now that's just bloody cheeky! He obviously wasn't happy about paying for the tax, but considering the cost of the clutch I think he got off lightly.

Personally, I think he knew there was a problem with the clutch and tried to pass it on quietly, when I came back at him (nicely) about it, he did try to wriggle out of it a few times, but after mentioning misrepresentation etc we came to a deal that I was (reluctantly) happy with.

Anyway, the point is, where do I stand now, because I think, from what I know, that I can take him to court for breach of contract and misrepresentation? All I want is the money for the V5 and the clutch.

advice?

Post by **katanaman** » Thu Jun 25, 2009 5:19 pm

sure you can take him to court but you have to be able to prove that he knew all these things beyond doubt. Unless you have it in writing as well then its your word against his. For example you say we had a conversation about the clutch slipping when I took him home and he said it was just glazed and will be fine. He then says na thats not what happened the clutch slipped but you sill agreed to take the car because you liked it so much. See where I am coming from? In a private sale you have very little comeback because it is so difficult to prove anything. The saying buyer beware is known for a reason. You could try and scare him but if he knows stuff then he will call your bluff and probably win in the end. Then you have court costs to pay. You say breach of contract, you have to have a contract in writing, do you?

Rules for buying

1. never ever buy a car without a V5 you have no way of knowing if its stolen or written off By the way you shouldn't have to pay for a new one because you didn't loose the old one, you never received it so its free. However as you found out there will be a delay as the DVLA have to contact the registered keeper to confirm that he has indeed sold the car.

2. Don't part with money until you are satisfied that the car is what you want and in the condition you expect it be be in. Buying a car that you even just suspect has something wrong and expecting to sort it out later is in IMHO daft and in the real world just not going to happen.

harvey · Post by **harvey** » Thu Jun 25, 2009 7:04 pm

chodjinn wrote: When I went to collect the car, I only drove it for a short distance and noticed the clutch slipping. I mentioned this to the previous owner (he was in the car, I was giving him a lift home) and he assured me it was a 'glazed clutch' and that it had happened 'once before about 6 months ago'.

Mmmmmm........I must try and remember that one......

Alley Kat · Post by **Alley Kat** » Thu Jun 25, 2009 7:16 pm

On the faults I think it's just part 'n parcel of buying/selling really.

On the V5 front I got one in a couple of weeks, they say 6 but it was lots less. Bought a Mini dirt cheap (50 notes) otherwise wouldn't be keen on buying anything without docs - if the seller CBA to get one, what does it say about them, is my cynical attitude.

chodjinn · Post by **chodjinn** » Thu Jun 25, 2009 8:17 pm

thanks for the responses. I bought the car knowing it needed a few bits doing, it had full service history, I got his full contact details and spoke to the dvla r.e the V5. What I didn't expect was the clutch, so we worked out something. What annoyed me was he then went back on the original £25 for the V5! It's just childish, I'm not bothered about the money its the principle.

I think I'm more annoyed at myself, as yet again I can't own a car for more than a week without something coming back to bite me in the rear lol. Yesterday the drivers electric window went, but I didn't notice until I got home; the cars parked on the street and I don't have home start

The nice man at AA - who by the way offered me homestart for like £17 three weeks ago - said there was a £37 surcharge in an 'emergency' - and all the guy did was take the windows off the mechanism and use a 3" piece of rubber piping to hold the window up!!! If I knew he was going to do that . . .

anyway, i'm not gonna take legal action or anything over £25 ffs, just wanted to know where I stand with it.

So that's the last 7 cars I've been stung on now in some way shape or form!!! Maybe I should try two wheels lol.

cheers fellas

Post by **katanaman** » Fri Jun 26, 2009 4:44 pm

not looking to insult you or anything but maybe take someone along for a second opinion. At the very least they wont get caught up in the "I want that car" fever so they will be more level headed.

Alley Kat · Post by **Alley Kat** » Fri Jun 26, 2009 4:56 pm

£37

will look at that.
At the end of the day, despite ups & downs, looks like a nice rust free MR2 there. Can't remember last time I saw one that wasn't well rusty.

HairbearTE · Post by **HairbearTE** » Fri Jun 26, 2009 5:46 pm

If the ad says "has service history/main dealer history/documentation" etc and when you get there the guys says "oh i can't find it, i'll dig it out later" walk away. Always rag the poop out of a potential purchase is my advice. This will normally highlight any potential mechanical failings.

stevieturbo · Post by **stevieturbo** » Sat Jun 27, 2009 11:32 pm

Is this from a proper car dealer, or a private sale ?

If its a private sale.....and you dont inspect the car properly. It's your tough luck.

If its a car dealer....a lot will depend on the age of car etc, exactly what you asked, what ha answered...
He doesnt really have to disclose much, unless you ask. And if its an old car...there wont be much warranty at all.

julian.jay · Post by **julian.jay** » Wed Jul 01, 2009 7:02 am

Speak to you local CAB. I thought it was an offence to stop a cheque that had been issued in good faith. I always understood it was easier to sue on a bad cheque than to prove the debt as the cheque was in effect an admission. Small Claims Court is cheap and you can elect to have it heard near you.

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Legalities of buying 2nd hand cars? Serious issue.

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