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Private Motor sale

  • 23-09-2012 11:57am
    #1
    msg11
    Closed Accounts Posts: 3,572 ✭✭✭


    Just a question, I bought a car privatly about 2 weeks ago.

    Before the 1st week of me having the car, the drive-shaft on it broke. It cost me 5750 to buy the car and I had a good look at it all seemed fine and the seller didn't mention any problems.

    Anyway because it was a private sale and it broke, I just said I will suck it up and get it fixed myself because it's a private sale there is no comeback for me.

    Is this correct ?


Comments

  • #2
    source
    Registered Users, Registered Users 2 Posts: 5,294 ✭✭✭source


    msg11 wrote: »
    Just a question, I bought a car privatly about 2 weeks ago.

    Before the 1st week of me having the car, the drive-shaft on it broke. It cost me 5750 to buy the car and I had a good look at it all seemed fine and the seller didn't mention any problems.

    Anyway because it was a private sale and it broke, I just said I will suck it up and get it fixed myself because it's a private sale there is no comeback for me.

    Is this correct ?

    I'm open to correction on this, but as far as I'm aware the onus is on the buyer to ensure the car is in road worthy condition. For example the buyer Should get a mechanic to check the car and the seller doesn't have to reveal any faults with the car.

    With a dealer they must disclose all faults with the car. This is because they should have the expertise to know if there's something wrong with the car, whereas a private seller wouldn't.


  • #3
    msg11
    Closed Accounts Posts: 3,572 ✭✭✭msg11


    source wrote: »
    I'm open to correction on this, but as far as I'm aware the onus is on the buyer to ensure the car is in road worthy condition. For example the buyer Should get a mechanic to check the car and the seller doesn't have to reveal any faults with the car.

    With a dealer they must disclose all faults with the car. This is because they should have the expertise to know if there's something wrong with the car, whereas a private seller wouldn't.

    That's what I was thinking, in fairness to the seller there is a good chance he didn't know of the problem prior to sale.


  • #4
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Sale of Goods and Supply of Services Act 1980
    It is only when the sale involves a motor vehicle that this Act seems to place burdens on a private seller which it does not place in the same way on a dealer.
    In general a contract relating to the sale of a motor vehicle (cars, tractors, motor-cycles etc.) has the same implied terms as to title, fitness, quality etc. as a contract involving other types of goods. There is, however, one additional condition implied by s.13(2) of the 1980 Act. Except where the buyer is a dealer in motor vehicles there is an implied condition that at the time of the delivery of the vehicle under the contract it is free from any defect which would render it a danger to the public, including persons travelling in the vehicle. This does not apply if the parties agree that the vehicle is not to be used in the condition in which it is when sold and a document to this effect is signed by them and given to the buyer at the time of delivery. Such an agreement must be fair and reasonable. It is probable that this exception would only apply where there is a state of affairs which would make it unsafe to use the vehicle immediately. If the document is provided merely to cover the seller it could scarcely be regarded as fair and reasonable in most cases.


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