ChatterBank4 mins ago
Caveat emptor?
7 Answers
Is there any redress whatsoever when a private individual has sold, via "Gumtree" , a car which has numerous undisclosed faults and about which the individual has made false and misleading claims in the advert?
Thanks as ever.
Thanks as ever.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.it depends on the faults i would imagine... unless he is mechanic there is no reason he'd be totally aware of the condition of everything on the car...to most people as long as it runs and has no obvious signs then its fine...
if hes claimed its all been checked etc then thats different - it really depends on the wording of the ad, and the actual faults...
can you post them?
if hes claimed its all been checked etc then thats different - it really depends on the wording of the ad, and the actual faults...
can you post them?
From the Trading Standards website:
What rights do I have if I buy goods privately, from an individual?
Not many! The Sale of Goods legislation does not wholly apply, although goods will still have to meet any description given by the seller or you can take action for breach of contract. You should watch out for traders who pretend to be private sellers in order to avoid statutory liabilities - if you suspect a private seller is really a trader contact your local trading standards office, they will be able to take action under Fair Trading Act powers.
What rights do I have if I buy goods privately, from an individual?
Not many! The Sale of Goods legislation does not wholly apply, although goods will still have to meet any description given by the seller or you can take action for breach of contract. You should watch out for traders who pretend to be private sellers in order to avoid statutory liabilities - if you suspect a private seller is really a trader contact your local trading standards office, they will be able to take action under Fair Trading Act powers.
Trading standards only deal with traders ( the clue is in the name) a private seller is of no intrest to them. Very little you can do especially on Gumtree , if it had been ebay you could have put in a 'not as described' report to ebay and got your cash back. Cavaet Emptor is about as far as you can go here !
Just ask the seller for the money back but if they refuse there is little you can do.
Just ask the seller for the money back but if they refuse there is little you can do.