How can this possibly be true when the Sale of goods act 1979 states that an item must be "as described?" Most private Buyers also don't know their @#se from their elbow either. A vehicle being sold under this act is exactly the same as anything else, if it doesn't work, or not as described, you take it back, get it repaired whatever. "Sorry sir you described this kettle as pink but its actually black" "well sir, you should have looked inside the box before you bought it"teenmal wrote: ↑Fri Nov 10, 2017 11:40 pm Unfortunately the Private seller does not need to prove anything its up to the buyers to Test And Try before They Buy .Most private sellers don't know their A#se from their Elbow when it comes to the welfare of motor vehicles. This does not help you in anyway,alas there are professional people out there that could inspect any vehicle for a few quid and save the buyer a few THOUSAND .
You do not attempt to buy these OLD vehicles without professional Advice, they are proving to be a MONEY PIT.
Take Care.
Looking for advice on Major structural corrosion
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- Bongonaut
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Re: Looking for advice on Major structural corrosion
Knowledge speaks, but wisdom listens
- mikeonb4c
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Re: Looking for advice on Major structural corrosion
Hmmmm Anyhows the thing now is to work out the best course forward for you. We'll help with advice where we can but although there might be a theoretical case against the vendor, pursuing them could be tricky.joeldrummer79 wrote: ↑Tue Nov 14, 2017 12:48 amTheir reason for selling was apparently due to wanting to start a family and the money would come in handy for that.mikeonb4c wrote: ↑Fri Nov 10, 2017 5:00 pm Mine's a 95 model, properly dinitroled when still in good condition but still needing welding as the years pass. So this is to be expected BUT the owners claims amount to misrepresentation in my view and the price is indeed high given the obvious poor condition. What was their reason for selling, out of interest?
Re: Looking for advice on Major structural corrosion
I believe Sale of Goods Act will only apply to vehicles bought from a dealer, not privately.
I lifted this from the Money Advice Service website just now:
Problems with used cars bought privately
Buyer beware!
Problems with used cars are the most common single reason for people contacting the Citizens Advice consumer service – more than 50,000 complaints a year. Source: Citizens Advice November 2015
Buying privately is one of the riskiest ways of buying a car. If something goes wrong with it you don’t have as much legal protection as you would if you’d bought the car from a dealer.
The car must match the seller’s description, be roadworthy and the seller must have the legal right to sell it to you.
In other words, the car must work, meet the legal requirements for being driven on public roads, and be owned by the seller.
But you are responsible for ensuring the car is “of satisfactory quality’’ and “fit for purpose” before you buy it.
Whether you have any legal recourse depends, I guess, on if you can prove the vehicle was unroadworthy at the time of sale. If so, you might get somewhere. We bought our van privately, got it 300 miles home successfully, then swiftly spent ~£2000 on mechanical repairs, so I understand how you must feel at the moment.
I lifted this from the Money Advice Service website just now:
Problems with used cars bought privately
Buyer beware!
Problems with used cars are the most common single reason for people contacting the Citizens Advice consumer service – more than 50,000 complaints a year. Source: Citizens Advice November 2015
Buying privately is one of the riskiest ways of buying a car. If something goes wrong with it you don’t have as much legal protection as you would if you’d bought the car from a dealer.
The car must match the seller’s description, be roadworthy and the seller must have the legal right to sell it to you.
In other words, the car must work, meet the legal requirements for being driven on public roads, and be owned by the seller.
But you are responsible for ensuring the car is “of satisfactory quality’’ and “fit for purpose” before you buy it.
Whether you have any legal recourse depends, I guess, on if you can prove the vehicle was unroadworthy at the time of sale. If so, you might get somewhere. We bought our van privately, got it 300 miles home successfully, then swiftly spent ~£2000 on mechanical repairs, so I understand how you must feel at the moment.
Re: Looking for advice on Major structural corrosion
I stated that due to the sale of goods act 1979 ...
The Sale of Goods Act, Unfair Terms Act and Supply of Goods Acts were merged into a new Consumer Rights Act effective 1 Oct 2015; as the vehicle was bought after this date the Complaint would be covered by the CRA. Under the Act buyers from private sellers do receive some protections but far fewer than if purchased from a dealer. For instance a private seller must accurately describe the item and must not misrepresent the item. The onus is on the buyer to ask questions - the seller is not obliged to volunteer information if not requested - any question asked must be truthfully answered. The vehicle offered does not have to be roadworthy - but the foregoing conditions must be met!I believe Sale of Goods Act will only apply to vehicles bought from a dealer, not privately.
The seller is reported to have said that the vehicle was "mechanically perfect" - whether rust on a structural member is 'mechanical' or not, others may argue about, but a lay seller with an MOT to rely on seems to have a reasonable argument.......
Let the buyer beware. (and get professional advice specific to the case, and not selective generalisations off the web.) ..... here endeth the lecture
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- Bongonaut
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Re: Looking for advice on Major structural corrosion
Thanks for this info. The information I got was from the citizens advice bureau itself. They asked me when it was bought etc etc and their main response was along the lines of, if it was not as described (mechanically perfect) you would have a case.Katka wrote: ↑Tue Nov 14, 2017 5:25 pmI stated that due to the sale of goods act 1979 ...The Sale of Goods Act, Unfair Terms Act and Supply of Goods Acts were merged into a new Consumer Rights Act effective 1 Oct 2015; as the vehicle was bought after this date the Complaint would be covered by the CRA. Under the Act buyers from private sellers do receive some protections but far fewer than if purchased from a dealer. For instance a private seller must accurately describe the item and must not misrepresent the item. The onus is on the buyer to ask questions - the seller is not obliged to volunteer information if not requested - any question asked must be truthfully answered. The vehicle offered does not have to be roadworthy - but the foregoing conditions must be met!I believe Sale of Goods Act will only apply to vehicles bought from a dealer, not privately.
The seller is reported to have said that the vehicle was "mechanically perfect" - whether rust on a structural member is 'mechanical' or not, others may argue about, but a lay seller with an MOT to rely on seems to have a reasonable argument.......
Let the buyer beware. (and get professional advice specific to the case, and not selective generalisations off the web.) ..... here endeth the lecture
Anyways, it doesnt matter now, Ive had a quote from Simon at Harbury and the jobs cheaper than i thought so Im not bothered about all the hassle over a few extra quid. Not worth the stress. Lesson learned. Research before buying, ask the right questions and get all the right inspections done at time of sale. No excuses.
Knowledge speaks, but wisdom listens
- mikeonb4c
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Re: Looking for advice on Major structural corrosion
Wise conclusions joeldrummer79 and it'll all soon be in the past and hopefully you'll just be enjoying a mighty fine Bongo. Sooner or later it would most likely have needed that welding anyway. Just so happens you got it done sooner. As I type, my 95 model is away having its annual mechanical check done along with the latest bits of welding. Worth every penny