Vehicle Sold But Not As Advertised

placeholder · 7 Jun 2019 at 16:18

I hasten to add that it is not me that is in this situation but I am interested in more knowledgeable peoples point of view.

If you purchase a vehicle from a private seller that is described as being in perfect working order and other such glowing terms and it transpires almost immediately that it has issues that would have been there at the point of sale do you have any recourse if you have adverts, text messages etc in which its excellent condition is stated? I know that the emphasis is always on the buyer to check and buyer beware etc but if you wished to pursue this would it be worth your while on the basis of the false advertising?

bloodiedathame · 7 Jun 2019 at 16:24

Pretty sure private sale is sold as seen, if it wasn't noticed during the test drive then there's probably not a lot that can be done as it can't be proven that it was there before purchase took place. That was always my understanding but happy to be told otherwise.

acemastr · 7 Jun 2019 at 16:24

Sold as seen

placeholder · 7 Jun 2019 at 16:27

That is what I've always assumed but there seems to be conflicting advice being given based on the specifics of the advert and the conversations that took place subsequently

Glanza · 7 Jun 2019 at 16:28

Private sale so no.

Martynt74 · 7 Jun 2019 at 16:29

What kind of issues are you talking?

Burned_Alive · 7 Jun 2019 at 16:29

Should've checked all these things out prior to the sale.

placeholder · 7 Jun 2019 at 16:33

Truth is Im not sure what the issues are as its a second hand story. I was just told the basics and my response was "you're ******" but the person has since gone to Trading Standards and is throwing around phrases like "Small Claims Court" so I was just wondering if there was something that had changed.

tamzzy · 7 Jun 2019 at 16:35

sold as seen.

but if the advert was deliberately misleading (or lying), then small claims courts would be the suggested route if all else failed.
eg: ad saying newly replaced brakes when it's worn to the limits etc
onus is on the buyer to prove that the seller was being deliberately misleading/lying on the ad.

Martynt74 · 7 Jun 2019 at 16:36

This seems appropriate. Sounds like small claims is possible but hassely, depending on the issues.

Your rights when buying a used car privately
You have the following rights when you buy a car from a private seller:

The seller must have the right to sell the car

The car must match its description

The car you buy must also be roadworthy. This means it must have working headlights, brakes and seatbelts, as well as a properly functioning exhaust system and tyres in a legal condition.

If you think the car isn’t roadworthy and you haven’t yet paid for it, ask the seller to fix any problems before proceeding with the purchase. If you have already paid for it, you could report the seller to Trading Standards but it’s unlikely they will take action. You can take court action yourself, but it can be costly and time-consuming, so it’s important to proceed with caution and arrange the appropriate checks. You can find more information on our buying a used car checklist.

placeholder · 7 Jun 2019 at 16:39

Yes I think that's the issue. Its not that the vehicle has things wrong with it (which is the fault of the buyer for not checking) but rather the advert and/or text conversations are contradictory to issues the vehicle has. Perhaps they do have a case after all.

tamzzy · 7 Jun 2019 at 16:47

placeholder said:
Yes I think that's the issue. Its not that the vehicle has things wrong with it (which is the fault of the buyer for not checking) but rather the advert and/or text conversations are contradictory to issues the vehicle has. Perhaps they do have a case after all.

correct.
caveat emptor only applies if there hasn't been a misrepresentation.
if there has been a misrepresentation, then there is legal recourse...

placeholder · 7 Jun 2019 at 16:49

Cool, thanks!

tamzzy · 7 Jun 2019 at 16:52

placeholder said:
Cool, thanks!

tamzzy said:
onus is on the buyer to prove that the seller was being deliberately misleading/lying on the ad.

this may (or may not) be the difficult part, depending on how long ago the car was bought.
eg: if the car was bought a month ago, then it's significantly harder to prove.
also it has to be what the "average" car owner can be reasonably expected to know...so that's open to interpretation too...

placeholder · 7 Jun 2019 at 16:54

tamzzy said:
this may (or may not) be the difficult part, depending on how long ago the car was bought.
eg: if the car was bought a month ago, then it's significantly harder to prove.
also it has to be what the "average" car owner can be reasonably expected to know...so that's open to interpretation too...

Yeah from what I know of the situation it was issues that became clear almost immediately and the vehicle was taken to a garage who then confirmed the costs to get it roadworthy. I'm not sure how much of a case the person has but what I was checking was if it was possible for them to have a case at all which it seems they may well have so my "you're ******" advice wasn't exactly helpful!!!

tamzzy · 7 Jun 2019 at 17:01

if the vehicle wasn't roadworthy, and depending on how the ad was phrased...would be grounds for deliberate misrepresentation, and can claim costs of repair from small claims court.

eg: "drives like a dream" - but car failed mot
as one could argue that any reasonable person would expect a car was of a minimum standard to pass an mot if the ad suggested that the car "drives like a dream"

StuBob · 7 Jun 2019 at 17:32

Sold is seen is an absolute nonsense statement and one that seems to have permeated into general acceptance as some sort of catch all exclusion or disclaimer. The fact of the matter is if someone intentionally misrepresented an item they were selling whether by words or actions they would be considered in breach of contract. The remedies thereafter are dependent on other factors but I really wish this notion of sold as seen would disappear. It is mostly a statement derived from ignorance being passed as some sort of legal standard; it is not!

Nasher · 7 Jun 2019 at 17:41

Sold as seen is the old days. I think that only applies to auctions now.

You do have some comeback with private sellers if they miss-sold it, just as you would a dealer.

tamzzy · 7 Jun 2019 at 17:54

StuBob said:
It is mostly a statement derived from ignorance being passed as some sort of legal standard; it is not!

it is a legal standard. it's called caveat emptor. sold as seen is just a layman's term for it.
caveat emptor doesn't apply though, if the product was deliberately misrepresented.

bloodiedathame · 7 Jun 2019 at 18:14

tamzzy said:
it is a legal standard. it's called caveat emptor. sold as seen is just a layman's term for it.
caveat emptor doesn't apply though, if the product was deliberately misrepresented.

The trouble will be proving it was misrepresented.