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Legal come back after dodgy sale

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  • 08-11-2007 11:22am
    #1
    Registered Users Posts: 1,472 ✭✭✭


    I recently bought a car privately. it was described as running excellent, with no faults whatsoever. After paying & collecting i drove it about 10 miles and pulled in for some petrol. The car qould not start again-ever. I brought it to a dealer who charged me 450E for a new starter motor. Next day after that a secondary fault emerged with the engine management, this was another 250E. This did not cure the problem fully and anyways 6 weeks later the car is still not running properly. It will probably cost several 100 more to fix. Im not driving it much as i have a second car. Anyways the seller originally agreed to pay towards the cost but later refused, refusing liability. Also as part of the sale he agreed to forward me a piece of exterior trim missing, he has since renaged on this too and has also failed to provide me with a reciept for the sale despite asking for it several times. he does not answer his phone or replt to my texts anymore.
    so my question is what come back do i have ovwr this ? should i persue the seller throw the courts for a refund or something ???? Small claims mabye ??
    thanks


Comments

  • Registered Users Posts: 12,683 ✭✭✭✭Owen


    Private sale, no come back.


  • Registered Users Posts: 7,398 ✭✭✭fletch


    Private sale = caveat emptor


  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    fletch wrote: »
    Private sale = caveat emptor

    not if the seller knew there was a fault and lied about it

    friends of mine sold a second hand vehical and got small claimsed for it


  • Registered Users Posts: 22,815 ✭✭✭✭Anan1


    rbd wrote: »
    not if the seller knew there was a fault and lied about it

    friends of mine sold a second hand vehical and got small claimsed for it
    The only way I can think one could perhaps prove this is if the 'private seller' was in fact a trader.


  • Registered Users Posts: 12,683 ✭✭✭✭Owen


    What Anan1 said, the only way you have come back is if the Private Seller is a trader in cognito. If you inspected the car, and then buy it, you're agreeing to buy the car in the condition it's presented to you in. If you're mechanically adept enough to detect faults, it's down to you I'm afraid - that's why it's always recommended to bring a Mechanic to a private sale to inspect the car ... because unless the vehicle has been badly crashed and repaired, you really do have no come back.


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  • Registered Users Posts: 4,269 ✭✭✭MercMad


    I would be more inclined to go for the garage that supposedly fixed the car on two occasions !

    If you bought privately you are unlikely to win anything back, nor should you ! You chose to save a few bob by buying privately so therefore you forego the security of having to fork out if things go wrong !

    Sorry to sound harsh, but thats the reality !


  • Registered Users Posts: 1,472 ✭✭✭Notch000


    Ya yer all right i suppose, next up is the garage i strongly believed (and if im to trust the original seller) that the second problem was a side effect due to work carried out on problem one, i.e. it did not exist going into the garage. I had to pay another 250E for there incompetence with no resolve, and then the cheeky F**ers wanted more cash to look at it again !!! and this ws a main dealers ...........


  • Registered Users Posts: 2,730 ✭✭✭Type 17


    Notch000 wrote: »
    ...and this was a main dealers

    You sound surprised? ;)

    PS: Sorry for your trouble all the same. :(


  • Registered Users Posts: 5,250 ✭✭✭Elessar


    Yeah, no comeback I'm afraid. I recently sold a car privately and wrote on the receipt "sold as seen and is mechanically sound" and had the buyer sign it, and my own copy, to protect myself. The car was in great nick but you still have to take precautions. You really have to be sure when you are buying.


  • Closed Accounts Posts: 8,245 ✭✭✭drdre


    As said above.Its a private sale so you should have got it checked out by a mechanic or the AA.


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  • Closed Accounts Posts: 1,200 ✭✭✭louie


    Without any written agreement and receipt for the car you don't have a leg to stand on.
    Sorry for your troubles.


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