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non roadworthy car bought any comeback?

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  • 29-11-2012 6:29pm
    #1
    Registered Users Posts: 4


    hi very new to this but any advice is appreciated ,
    basically my other half went to look at a car yesterday , the seller who was supposidly selling the car for his daughter who was gone to oz , but the boyfriends name was on log book .. so looked at car and seemed ok , probably should have checked underneather a bit more....cash was exchanged , log book signed and posted there and then and seller brought home . we brought the car to local garage man just to get mirror fixed and door handle fixed, garage man rang to day and told us the wish bone are rotten , back chassie is rotten and tippex marks on places where someone has obviously marked spots where this work was to be done , .....long story is car is scrap .....so do we have any ground to stand on getting money back( €395) , the seller s name wasnt on log book so would this be fraud ?? any comment welcome

    ps no nct cert on car.


Comments

  • Registered Users Posts: 5,252 ✭✭✭SCOOP 64


    Not if it was "sold as seen".


  • Registered Users Posts: 23,357 ✭✭✭✭mickdw


    It seems that you tried to play with the big boys and got burned. At that value, I wouldn't try to chase it. I'd get the scrap value for it or stick it on donedeal for spares or repair.


  • Closed Accounts Posts: 196 ✭✭navara man


    [QUOTE

    ps no nct cert on car.[/QUOTE]
    what did you expect the car was only 395


  • Registered Users Posts: 8,004 ✭✭✭ironclaw


    Hate to say it but you have absolutely no come back in private cash deals unless your dealing with someone very decent. Given the state of the car, thats obviously not the case and it would be a reflection of the reaction you'd get if you tried to bring them up on it. My reading is the car was sold for the very defects you found.

    Scrap or sell for parts would be my advice, don't pursue it and lesson learned.


  • Registered Users Posts: 4,373 ✭✭✭Dartz


    If the engine/interior/stereo/other gubbins are in decent order you might get more than that for it....


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  • Closed Accounts Posts: 7,410 ✭✭✭bbam


    I know its not fair to say but I was reading this shaking my head until I came to the price... and then I laughed out loud! You have learned a number of valuable lessons here..

    1. If your buying a car private then its "sold as seen", you better check it all over, really well, there is only one chance to get it right.
    2. Unless from a garage don't buy a car from someone if their name isn't on the logbook, or the person whos name on the logbook is present.
    3. Buying cars for this money is a pure gamble I'd say the number of bargains that are had is very very few, if any.
    4. If your not mechanically capable then either bring someone who is, or buy from a garage who offer a warranty..

    I'd consider myself capable of spotting a lemon, but still like to bring along someone else who knows whats what.


    I'd consider your money lost, but if you have a thick skin you could try ringing back and complaining.. I guess you'll get little sympathy and possibly abuse!!


  • Registered Users Posts: 4 teppie


    thanks all , rang seller and no joy as expected , can this man be allowed to make money on faulty car that wasnt even in his name ?


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    teppie wrote: »
    thanks all , rang seller and no joy as expected , can this man be allowed to make money on faulty car that wasnt even in his name ?

    Private sale = buyer beware.

    At that price you really are at the bottom of the market.

    Have you a price for the work that needs doing to make it roadworthy/pass the NCT?


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


    teppie wrote: »
    thanks all , rang seller and no joy as expected , can this man be allowed to make money on faulty car that wasnt even in his name ?
    I don't mean to sound unsympathetic, but you examined the car, agreed a price, and bought it. Why would the seller refund your money now?


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    it depends if you can prove they misled you about it's condition and even then you would have to prove they knew about the faults. I don't think you'll be getting anywhere here... chalk it down to experiance, you can get most of your money back readvertising it (for parts obviously)


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  • Registered Users Posts: 82,580 ✭✭✭✭Atlantic Dawn
    M


    You were buying a car with no NCT at a price lower than a half decent bicycle, your expectations should have been low, really low and you should have known something was likely to be a miss.


  • Administrators Posts: 53,829 Admin ✭✭✭✭✭awec


    This post has been deleted.


  • Closed Accounts Posts: 12,985 ✭✭✭✭dgt


    Anan1 wrote: »
    I don't mean to sound unsympathetic, but you examined the car, agreed a price, and bought it. Why would the seller refund your money now?

    Same story with us. Our Seicento was got earlier this year, both of us looked over it, pointed out a few faults and agreed a price. What I didn't see was a lack of a catalyst! Bit of a nuisance but it didn't matter really

    When you inspect it and hand over the cash, tough luck. Especially at that price


  • Registered Users Posts: 4 teppie


    thanks all , wil just have to put it down to hard lesson learned


  • Registered Users Posts: 36,070 ✭✭✭✭BorneTobyWilde


    Geez you would find a fine car for 395 with nct
    What type of car was this you bought


  • Registered Users Posts: 501 ✭✭✭burke027


    Seriously tho 395e and you tought you where going to be buying a safe car for driving around in. The quote u get wat u pay for comes to mind. There are kids battery powered cars more expensive than that. Its a car like thats ment to keep u safe on the road dont look for the cheapy cheapy option.
    Sorry rant over.


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


    teppie wrote: »
    thanks all , wil just have to put it down to hard lesson learned
    If it's any comfort to you i've seen people pay a hell of a lot more for the same lesson. :)


  • Registered Users Posts: 51,241 ✭✭✭✭bazz26


    Anan1 wrote: »
    If it's any comfort to you i've seen people pay a hell of a lot more for the same lesson. :)

    Indeed, the OP will probably get around €150 scrap for the car, a very valuble lesson learned that may not leave the OP too much out of pocket. A lucky escape in my books.


  • Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Under the Sect 13 Sale of Goods and Services Act you can claim redress if the car was sold in a dangerous condition. Considering it doesn't state the seller must be a dealer and it doesn't use the term 'consumer' for the buyer and the bit I've highlighted in bold, I take it to mean it still applies to private sellers.
    (2) Without prejudice to any other condition or warranty, in every contract for the sale of a motor vehicle (except a contract in which the buyer is a person whose business it is to deal in motor vehicles) there is an implied condition that at the time of 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.

    (3) Subsection (2) of this section shall not apply where—

    (a) it is agreed between the seller and the buyer that the vehicle is not intended for use in the condition in which it is to be delivered to the buyer under the contract, and

    (b) a document consisting of a statement to that effect is signed by or on behalf of the seller and the buyer and given to the buyer prior to or at the time of such delivery, and

    (c) it is shown that the agreement referred to in paragraph (a) is fair and reasonable.

    "Sold as Seen" is not sufficient, it must show the buyer understands the car is unsuitable for use.


  • Registered Users Posts: 4,088 ✭✭✭sean1141


    The problem is with trying to prove a private seller knew the car was dangerously faulty will be hard. They can claim they have know knowledge of cars and not know it was faulty.


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  • Registered Users Posts: 1,330 ✭✭✭readytosnap


    teppie wrote: »
    can this man be allowed to make money on faulty car that wasnt even in his name ?

    to people like you ? Yes. :rolleyes:

    Not having a go at you, you were lucky it was only €395.
    lesson learned.


  • Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Suck it up and move on.


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