Second hand car

Apip99

Evening all,

I hope I'm in the right place.

It’s regarding a Freelander we just brought. Its a 2003 1.8 petrol ES. During the buying negotiations, I asked on several occasions if they had had any problems with either the head gasket or the gears, as both of these are known issues with the Freelander 1.8 petrol.

No was the answer on all occasions.

They brought the car up to us from Wexford to Wicklow, and I took the car out for a drive with the seller, and all was fine and dandy. And we went ahead with the purchase. Both my wife and I as happy as could be. The car is immaculate inside and out.

But then the next day my wife came back from being out in it and said that the gears were hard work (1st and second) and that reverse was grinding. I thought maybe it was just the change from the VW Golf, but then a little while later I took the Freelander out and sure enough, she was right.

So I'm now looking at either master/slave cylinder to be replaced, which I'm guessing is going to cost upwards of €350.00 (just a guess from know the labour involved and the part.

Basically when the car is warmed up it seams to be fine, rolls into gears no problem, but the problem is when it is cold. Hence why when I took it for a test drive all was good, but next day problems.

Now I'm not stupid and I know a second hand car is brought as seen ect. BUT I did ask her on several occasions if she had had any issues with the gears. All the time her saying no.

Any one have a clue where I stand legally. I mean if the gears went the a few weeks later, then okay, I'd bite the bullet. But the next day, and her selling it knowing their was a problem with the gears would lead me down the miss representation route.

Thanks


Pip

Little-Devil

Apip99 wrote: »

I asked on several occasions if they had had any problems with either the head gasket or the gears, as both of these are known issues with the Freelander 1.8 petrol.

If you knew this before then why in god's name would you buy one & without a warranty? You should have bought from a dealer at least you would have got a guarantee.

Sorry to spoil your evening, but you have know comeback on this.

luder

You say the problem is worse when its cold.

before you go changing any mechanical parts i reccomend changin the oil in the gearbox, New oil (perhaps even stroger weighted oil) can make a drastic change to the feel of the gears and gearchanges.

Gary ITR

You could contact the seller and chance your arm. Legally you haven't got a leg to stand on. You actually bought the car without starting it from cold? I'm sorry but don't buy a car again without a mechanic as you are obviously not competent enough

board om

+1

you always bring a mechanic when checking out a second hand car. especially when you know in advance what kind of problems to expect from that make of car.

saying that though, you really dont know what the problem is with it until you get it checked out at a garage. you are guessing what the problem is and you are guessing how much it is going to cost to repair it. so realistically you will have to wait until a professional checks it out before anything is solid. as someone already said it could just turn out to be the oil in the gearbox, or something else with an easy enough solution. so dont panic yet until you know for sure. hopefully it is something simple enough.

Apip99

Think the point is being missed here.

I checked all there is to check. I've brpought loads of second hand cars.

My question is regarding the fact that the seller told me that there were no problems with the gears. Which there were and they would have known about them.

Its not a case that I hadn't covered the question about known problems.

Basicly I asked if there were the above mentioned problems. They said no and it turns out that they were lying.

Gary ITR

Seller isn't a mechanic (I presume) doesn't matter a damn what you asked her. When buying a car privately it's up to you to thoroughly inspect it and make sure all is well.

jor el

Apip99 wrote: »

My question is regarding the fact that the seller told me that there were no problems with the gears. Which there were and they would have known about them.

I don't think it really matters. The seller could have lied, or they might simply not have known it was an issue. Either way, in a private sale you have very little, or no, legal protection. A solicitor is the only course of action available. They could send a letter to the seller, asking for costs on getting it fixed, and threatening a civil suit. This may or may not work, and the solicitor could end up costing you more than fixing the car.

Take the lesson, don't buy a car that's already warmed up, live and learn.

Cabaal

You should have got a mechanic to check the car for yourself before buying, taking their word for it really has no legal standing in this situation

eth0_

Apip99 wrote: »

Think the point is being missed here.

I checked all there is to check. I've brpought loads of second hand cars.

Clearly you didn't check 'all there is to check' considering you didn't start it up from cold. I would have thought an experienced used car purchaser would hear alarm bells ringing if a seller was willing to drive from Wexford to Wicklow just to show you the car...

zzantara

Once you asked the direct question about the Gearbox (which you did) and they answered that all was ok which they obviously knew was NOT true,this formed misrepresentation on their part,just becuase they are a private seller does not releive them of the responibility of fraud,however your problem is how to get retributition from the seller ,(as the other "I told you so" say this is the benefit of buying from a Dealer).
I would contact the seller and try and get at least a contribution from them,other that that it is "take it on the chin" as going legal just isin't woth it -Good Luck

jor el

zzantara wrote: »

Once you asked the direct question about the Gearbox (which you did) and they answered that all was ok which they obviously knew was NOT true,

Obvious to who though? Unless the seller was a qualified mechanic, they may not have known. There are plenty of people driving cars with "obvious" issues, and they never even notice. The buyer would have to prove that the seller knew of the problem, and lied about it. The problem could have just started on the day the car was bought, which could easily be the truth.

A call to the seller might scare them into admitting some sort of liability, but since they had the sense to drive it to the buyer, to disguise the problem (if that was the reason), then I'd say they're not going to give in easily.

Cabaal

and even if the seller said the car was fine when you asked about the gearbox how do you prove you even asked this?

craichoe

Little-Devil wrote: »

If you knew this before then why in god's name would you buy one & without a warranty? You should have bought from a dealer at least you would have got a guarantee.

Sorry to spoil your evening, but you have know comeback on this.

Not necessarily, most 'warrantys' wouldnt cover the gearbox and head gasket on a second hand car.

They can say its down to anything, making sh*t of the gearbox yourself or not checking the oil level etc.

You can have just as much hassle as with a dealer.

cgarvey

Little-Devil wrote: »

but you have know comeback on this.

Onkle wrote: »

Legally you haven't got a leg to stand on. ... you are obviously not competent enough

Both wrong, and wrong with a twist of irony in them. Well done lads!

jimmycrackcorm

cgarvey wrote: »

Both wrong, and wrong with a twist of irony in them. Well done lads!

Not true. Unless there is some way to determine that the fault was pre-existing, the seller can claim that the buyer caused the damage.