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bought a car from a relative

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  • 23-04-2008 10:47pm
    #1
    adonis06
    Closed Accounts Posts: 3 ✭


    hello all.GREAT forum.!!!!!!HELP
    My sister recently bought a car from my uncle.I only got to look it over the other day.Turns out the car is in a bad way.Looks like the little KA had a bad bang.Unsure of the legal side of things because he told her nothing was wrong with.Without going in to everything that is wrong with the car would anyone know who to contact or has she just blown her money and lost a relative. Any feedback would be helpful.Thanks in advance.


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    #2
    colm_mcm
    Registered Users Posts: 73,456 ✭✭✭✭colm_mcm


    is your uncle a car trader?


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    #3
    jon1981
    Registered Users Posts: 4,359 ✭✭✭jon1981


    i know theres the old phrase "buyer beware" and "no comeback" in a private sale. but when it comes to the car not being road worthy or dangerous im not sure there is any onus on the private seller to ensure this?


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    #4
    -Chris-
    Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    If he didn't know about the damage and he sold it, he may feel sorry for her and take it back from her.

    If he knew about the damage and genuinely thought it was nothing worth mentioning, he may feel sorry for her and take it back from her.

    If he knew about the damage, knew it was significant and just decided to keep his mouth shut, disown him and badmouth him within the family.

    First port-of-call is to the uncle though, before contacting legal and before going into mucho detail here.


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    #5
    adonis06
    Closed Accounts Posts: 3 ✭adonis06


    no he`s not a trader.He told her he was getting 3000euro on a trade in "99 ford ka" And that he was doing her a favour at 2000euro.He also said he knows cars inside and out and that this was a great car at that price.Wont return the money and basically told her she bought know she should drive.I`m not a mechanic but do know enough about cars to get by and this one is well dodgy.


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    #6
    unkel
    Registered Users Posts: 65,423 ✭✭✭✭unkel
    Chauffe, Marcel, chauffe!


    AudiChris wrote: »
    First port-of-call is to the uncle though, before contacting legal and before going into mucho detail here.

    +1

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    #7
    aonoco
    Registered Users Posts: 84 ✭✭aonoco


    Know € 2000 is a fair whack of money but legal aspect aside is it worth causing a rift in the family..half will side with uncle other half with your sis and money aside will cause a whole load of crap

    don't get me wrong- if he knew about the damage and passed onto your sister, it is not on. From the legal side and based on my own experience very little recourse on this one if your uncle is not a auto trader. assume warranty etc was not offered. Best bet, get a AA report done on the car, costs about € 150 but well worth it...get their opinion..if they deem safe to drive then go for it, if they are concerned considering scrapping or break up and sell for parts..if you have the time and patience to break up for parts you will get about € 1500 either way

    bad luck on your sis by the way...not fair on her, hope she gets it sorted


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    #8
    adonis06
    Closed Accounts Posts: 3 ✭adonis06


    Funnily enough this car passed an nct about 100miles ago even though it was laid up for 4months.My mechanic fred boxall in sallynoggin is going to do an engineers reporton It.I just dont see how it passed an nct.Also the garage that sold it to my uncle never told him it was in an accident.And their not returning my calls.Would it not stand to reason that someone is accountable for this car and the condition it is in.
    Thanks again for the responses.


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    #9
    Hal1
    Registered Users Posts: 8,720 ✭✭✭Hal1


    Tbh the NCT is b*llox and doesn't check the entire inner workings of a car. I know my own car was due a service and passed the NCT when I was convinced it would fail. The AA should take over the NCT testing. :p


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    #10
    Esel
    Registered Users Posts: 22,312 ✭✭✭✭Esel


    Hal1 wrote: »
    Tbh the NCT is b*llox and doesn't check the entire inner workings of a car. I know my own car was due a service and passed the NCT when I was convinced it would fail. The AA should take over the NCT testing. :p
    No? Jeez, I thought they completely dismantled and rebuilt the engine. Why were you convinced your car would fail?

    OP: Wait to see what your mechanic says. Let us know the result. Just because the car may have been in an accident and was repaired does not mean it is unsafe.

    Not your ornery onager



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    #11
    Oilrig
    Closed Accounts Posts: 727 ✭✭✭Oilrig


    Legally, if the uncle is "in the trade" then he is assumed to be competent in assessing the cars condition, ie he should have known it had been damaged etc and should have declared it.

    If he's a private seller, and had no knowledge of the damage then its a case of Caveat Emptor - buyer beware.

    As its family, I'd strongly reccomend a negotiated settlement TBH.


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    #12
    bazz26
    Registered Users Posts: 51,243 ✭✭✭✭bazz26


    Rule of thumb, never buy a car or sell one to a relative. It causes more grief for everyone involved than it is worth.


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    #13
    Esel
    Registered Users Posts: 22,312 ✭✭✭✭Esel


    bazz26 wrote: »
    Rule of thump....
    Advocating violence? :D

    Not your ornery onager



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    #14
    bazz26
    Registered Users Posts: 51,243 ✭✭✭✭bazz26


    esel wrote: »
    Advocating violence? :D

    LOL - Good call.

    Edited.


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    #15
    kona
    Registered Users Posts: 7,525 ✭✭✭kona


    adonis06 wrote: »
    Funnily enough this car passed an nct about 100miles ago even though it was laid up for 4months.My mechanic fred boxall in sallynoggin is going to do an engineers reporton It.I just dont see how it passed an nct.Also the garage that sold it to my uncle never told him it was in an accident.And their not returning my calls.Would it not stand to reason that someone is accountable for this car and the condition it is in.
    Thanks again for the responses.


    a mechanic isnt qualified to do a engineers report, you have to get a mechanical engineer to do that.
    unless its done by a mechanical engineer(with a degree) its useless.


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    #16
    eamon234
    Registered Users Posts: 1,924 ✭✭✭eamon234


    Hal1 wrote: »
    Tbh the NCT is b*llox and doesn't check the entire inner workings of a car. I know my own car was due a service and passed the NCT when I was convinced it would fail. The AA should take over the NCT testing. :p

    What has your car being serviced or not got to do with the NCT? It's safety test not a reliability test. They're not testing the engine except for emissions it's mainly for brakes, suspension, wheels/alignment and lights.
    A passed NCT does not necessarily mean a good or reliable car it just means it's roadworthy. And the AA are a joke in this country compared to the UK they outsource half of their breakdown responses to any gobsh1te with a recovery truck and they don't even do their own inspections they get garages to do them which is a complete joke.


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    #17
    JoeySully
    Registered Users Posts: 1,276 ✭✭✭JoeySully


    bazz26 wrote: »
    Rule of thumb, never buy a car or sell one to a relative. It causes more grief for everyone involved than it is worth.

    how true, i left my car to my bro to sell while i was abroad for a month - turns out he sold it to my sister - ended up in tears and still havnt got all the money :)


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    #18
    Mr.Diagnostic
    Registered Users Posts: 937 ✭✭✭Mr.Diagnostic


    kona wrote: »
    a mechanic isnt qualified to do a engineers report, you have to get a mechanical engineer to do that.
    unless its done by a mechanical engineer(with a degree) its useless.

    Good point. A mechanic report would be just that, the report of a mechanic. An engineers report should be the report of a qualified engineer but in reality every "engineers report" I have ever seen on a car was done by someone with no qualifications. MIME or AMIME after the name of insurance accessors/engineers only denotes that they were proposed and seconded into the instutite, nothing more.

    I am sure some engineers working in the automotive field are properly qualified, but I have never met one.

    The funny thing is that a report by an unqualified man would carry more clout in court that the report of a qualified mechanic.


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    #19
    Ferris
    Registered Users Posts: 2,287 ✭✭✭Ferris


    True, I'm a qualified mech engineer and know a reasonable amount about cars but I wouldn't consider myself qualified to write a detailed structural report on a car.

    The best is someone like the AA as at least they have a reliable checklist, a method of inspection and ironclad professional indemnity insurance.


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    #20
    Victor
    Registered Users Posts: 78,417 ✭✭✭✭Victor


    I think there is a Sale of Goods Act from the 1970s dealing with the private sale of cars. The seller is responsible for all defects not specificly identified.


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    #21
    Churchy
    Registered Users Posts: 258 ✭✭Churchy


    bazz26 wrote: »
    Rule of thumb, never buy a car or sell one to a relative. It causes more grief for everyone involved than it is worth.

    +1


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    #22
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,712 Mod ✭✭✭✭Henry Ford III


    Victor wrote: »
    I think there is a Sale of Goods Act from the 1970s dealing with the private sale of cars. The seller is responsible for all defects not specificly identified.

    I think not. It's strictly caveat emptor.


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    #23
    BnA
    Closed Accounts Posts: 616 ✭✭✭BnA


    bazz26 wrote: »
    Rule of thumb, never buy a car or sell one to a relative. It causes more grief for everyone involved than it is worth.
    + 1111111111111111111111111111111111111111111111


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    #24
    klaus23
    Registered Users Posts: 179 ✭✭klaus23


    Hal1 wrote: »
    Tbh the NCT is b*llox and doesn't check the entire inner workings of a car. I know my own car was due a service and passed the NCT when I was convinced it would fail. The AA should take over the NCT testing. :p

    Please explain what effect an imminent minor service has on a car passing an NCT?


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