Legalities Regarding Buying Second Hand Cars

[carnkie64]

I recently purchased a second hand car which was sold as seen. After a full service at a reputable garage they found it was unroadworthy and needed a lot of work. I have only had the car 4 days. Where do I stand legally, does the 14 day cooling off period apply in these instances. It was bought in good faith from a family member as well !!!!!!

[dzug2]

What 14 day cooling off period? Isn't that on loans and insurance?

If you buy a car 'as seen' the implication to me is that it needs work - possibly unknown work. There is no implication that it is roadworthy.

I don't think the law will help you here.

But ICBW.

[Buenchico]

http://www.adviceguide.org.uk/nireland/consumer_ni/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/the_car_you_bought_is_not_roadworthy.htm

[hc4361]

You bought it from a private seller, not a car trader?
No rights at all.

[tonywiltshire]

As dz says you may find you have no cooling off period, and as hc rightly states if it was purchased from an individual rather than a motor trader your rights are much reduced. It is an offence to sell a vehicle which is not roadworthy in both NI and England your insurance may also be null, Chris mentions NI and he is usually right but if you are in England or Wales it will be the same. If you have been sold a vehicle which is not roadworthy do not drive it as the offence is of strict liability and inform your local Trading standards.

[chas2008]

they found it unroadworthy AFTER the full service ?
what is the nature of the defects? did it have an MOT ?

[NOX]

Tony it';s only against the law if it's sold as a roadworthy car, if the seller sold it 'as seen' or 'spares or repair' then he doesn't have a leg to stand on. Give it up and chalk it down to experience.

[EDDIE51]

Yes 'sold as seen ' means exactly that , you should have got it checked by a mechanic before you bought it, sorry but I have to agree there is nothing you can do. Morally reprehensible for the family member who sold it but legally you can do nothing. How much did you pay ? cars are worth £100 to £200 as scrap metal now so you can get something back. ( Just sold a Volvo Estate for £150 as scrap )

[tonywiltshire]

Thanks for your comments NOX but it is an offence to sell a vehicle or trailer that is not in a roadworthy condition, see The Road Traffic act 1988 section75, there is no question of this vehicle being sold for spares it is clear this was purchased as a vehicle and the buyer was not notified the vehicle was being sold as possibly not roadworthy, if the defence was that the seller had no reason to know or suspect the faults or defects the offence may become one of negligence. The advice stands do not drive a vehicle which is not roadworthy as the offence is of strict liability and report the matter to your local trading standards who will take the action they think appropriate.

[hc4361]

Trading Standards won't be interested:

If you bought the car from a private seller

If you bought the car from a private seller, it is unlikely your local Trading Standards service will take action. However, you could still take the seller to court yourself. Going to court can be expensive. Get independent advice before you go ahead.

http://www.adviceguide.org.uk/nireland/consumer_ni/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/the_car_you_bought_is_not_roadworthy.htm

[ladybirder]

My friends went to Trading Standards over a private purchase and the car was unroadworthy. My friends had the original advert which stated the car was roadworthy. Trading standards here are helpful and are giving them guidance on how to get their money back. It's happening as I write. Going through Small Claims I believe.

[ladybirder]

Meant to add if it's a family member then surely he/she will do the 'right thing'.

[hc4361]

ladybirder, taking a person to court is all well and good, but it is enforcing the judgment that is the hard part - getting the money.

[jno]

sold as seen is different from sold as roadworthy, though.

[ladybirder]

Yes I know, I've told them that. They are asking for the cost of putting the car right which is about half what they paid for it. They are hoping at least that the guy will learn his lesson that you can't advertise as roadworthy when it isn't. They reckon it had a dodgy MOT as well. Disaster all round really, they won't buy a car off Gumtree again in a hurry.

[ladybirder]

That was to hc not you jno.
jno see Tony's post re your post.

[EDDIE51]

It was 'sold as seen' that is the get out. A mechanic would have seen that it was unroadworthy and told you. If it had been sold as 'working order' that would have been diffrent. It is well known that 'sold as seen' means there are faults with it.

[NOX]

Tony- I don't like to disagree with you on this, but as someone who sells cars both trade and privately I know the legislation regarding this inside out and a car sold as 'spares or repairs' or 'as seen' is not covered by the legislation you quote. The vendor will simply state that he is a private individual who has sold the vehicle for spares ' as seen' and I imagine if he's savvy the receipt will verify that. Feel free not to take my word for it however but see here:-

''If the car is being sold for spares or repair, it's not an offence if it's unroadworthy. It is the seller’s responsibility to make you fully aware that the car you're buying isn't for use on the road.

If you buy a car that's not for use on the road, the seller should ask you to sign an agreement saying this. Other signs that a car is not for use on the road include:

a sign on the car and information in the advert saying the car was not roadworthy and was being sold for "spares or repair"
the seller will not let you drive the car away from the premises
the seller will not give you an MOT certificate or tax disc.

If you did not buy the car to use on the road, you cannot take any action against the seller for selling you an unroadworthy car. ''

[owdhamer]

You can pick your friends but not your relations.

[tonywiltshire]

Thank you for your comments NOX, I would like to think that The Road Traffic act 1988 and in particular section 75 would be complied with, if Traders wish to pose as private sales that is for their conscious to decide. My advice remains the same.

[NOX]

Tony no offence but the query was about a car that was bought from a family member not a motor trader- hence my advice- the legislation you quote does not apply to this instance. As for motor trader's conscience some have one, some do not- but when I sell a car of my own I am a private individual not a trader ( that's the law as well).