Darren-K Posted December 6, 2006 Share Posted December 6, 2006 Sold as seen. thats an old wives tale,. like saying "the customer is allways right" it means absolutely nothing in court. Quote Link to comment Share on other sites More sharing options...
bolarbag Posted December 6, 2006 Share Posted December 6, 2006 No 400...the difference in price would be minimal, it depends on what you declare Quote Link to comment Share on other sites More sharing options...
CJ Posted December 6, 2006 Share Posted December 6, 2006 thats an old wives tale,. like saying "the customer is allways right" it means absolutely nothing in court. Care to elaborate? Are you saying then that a private sale between 2 non traders is covered under the sale of goods act? Quote Link to comment Share on other sites More sharing options...
Darren-K Posted December 6, 2006 Share Posted December 6, 2006 Care to elaborate? Are you saying then that a private sale between 2 non traders is covered under the sale of goods act? i am saying certain laws still apply to any sale of goods, even if its a private sale., especialy 2nd hand goods, the buyer still has full rights to a refund - by law. Quote Link to comment Share on other sites More sharing options...
Terminator Posted December 6, 2006 Share Posted December 6, 2006 Care to elaborate? Are you saying then that a private sale between 2 non traders is covered under the sale of goods act? Consumer right buying a car. " Private sales There are some situations where your legal rights will be reduced. The general rule is ‘let the buyer beware’ when you buy from a private individual. It is up to you to find out whether the car is of satisfactory quality, to make your own checks on what you are told and to take responsibility for your choice, as the seller is not liable for the satisfactory quality of the vehicle. You are still entitled, however, to expect the car to be ‘as described’. If the advertisement says ‘2000 Ford Focus’ or ‘excellent condition’ then it should be exactly that. It is important to remember that it may be much more difficult for you to enforce your rights against a private individual. Whether you buy privately or from a motor trader, you are entitled to expect that the car is roadworthy when you buy it, unless you and the seller clearly agree it is to be sold as scrap. You should take note that a car sold with an MOT Certificate does not necessarily mean that it is roadworthy. You are also entitled to expect the seller to have ‘good title’ to the car. In other words, to be the owner or authorised by the owner to sell it. If you buy a car later found to be stolen, you have no legal right to keep it. You will have to try and get your money back from the seller." As the car was not dangerous, and the seller could not be expected to know that the clutch would fail. I think it is quite reasonable to assume "buyer beware" Quote Link to comment Share on other sites More sharing options...
Terminator Posted December 6, 2006 Share Posted December 6, 2006 i am saying certain laws still apply to any sale of goods, even if its a private sale., especialy 2nd hand goods, the buyer still has full rights to a refund - by law. That is bollocks. Unless the buyer can prove the car was miss sold. Quote Link to comment Share on other sites More sharing options...
Darren-K Posted December 6, 2006 Share Posted December 6, 2006 also wether its a private sale or not the seller still has certain duties, for example if the car is not road worthy the seller can be prosecuted - if he knows its to be used on the road,. Quote Link to comment Share on other sites More sharing options...
Darren-K Posted December 6, 2006 Share Posted December 6, 2006 That is bollocks. Unless the buyer can prove the car was miss sold. research enough and youll find its not. Quote Link to comment Share on other sites More sharing options...
CJ Posted December 6, 2006 Share Posted December 6, 2006 That is bollocks. Unless the buyer can prove the car was miss sold. I would tend to agree with this. Quote Link to comment Share on other sites More sharing options...
Terminator Posted December 6, 2006 Share Posted December 6, 2006 Your rights in private sales are not as strong as when you buy from a trader. If this were the case, there would be cases all the time. eg 70 woman sell 6 year old car, has not a clue about the car it was her deceased husbands car, by default she is now the owner. The engine blows in two weeks. She is liable no way. The car is in the possession of the new owner who is to say they did not rag the nuts off it. If I am wrong, I will be buying a lot more MKIV driving them to death and getting my money back. Hmm that just wont happen will it. Wanted by very careful driver, MKIV's in excess 500bhp, cash waiting:eyebrows: Col are you an official trader in the eyes of the law:p Quote Link to comment Share on other sites More sharing options...
Clarkey Posted December 6, 2006 Share Posted December 6, 2006 i am saying certain laws still apply to any sale of goods, even if its a private sale., especialy 2nd hand goods, the buyer still has full rights to a refund - by law. That is indeed -typed in the clear and concise- language of bollocks. http://img84.echo.cx/img84/109/pspoo9ta.jpg Quote Link to comment Share on other sites More sharing options...
Terminator Posted December 6, 2006 Share Posted December 6, 2006 PMSL:d I took me years to learn to talk bollocks, but with determination I got A* in the end. If it were true the small claims courts would grind to a halt. Quote Link to comment Share on other sites More sharing options...
bolarbag Posted December 6, 2006 Share Posted December 6, 2006 If I am wrong, I will be buying a lot more MKIV driving them to death and getting my money back. Hmm that just wont happen will it. Thats cool with me, would make the sup more exclusive! Quote Link to comment Share on other sites More sharing options...
Darren-K Posted December 6, 2006 Share Posted December 6, 2006 allright, man buys car.. car crashes and on inspection is found to be completely un roadworthy,. (ie) its a cut n shut say,...( just an example ) who gets prosecuted ? Quote Link to comment Share on other sites More sharing options...
Darren-K Posted December 6, 2006 Share Posted December 6, 2006 That is indeed -typed in the clear and concise- language of bollocks. [qimg]http://img84.echo.cx/img84/109/pspoo9ta.jpg[/qimg] baaaaa thats a nice fluffy sheeps coat you got there Quote Link to comment Share on other sites More sharing options...
Darren-K Posted December 6, 2006 Share Posted December 6, 2006 PMSL:d I took me years to learn to talk bollocks, but with determination I got A* in the end. If it were true the small claims courts would grind to a halt. they do, people get taken to small claims courts all the time ! there just not big news so they dont appear in the press that often.. but they do. Quote Link to comment Share on other sites More sharing options...
Charlotte Posted December 6, 2006 Share Posted December 6, 2006 allright, man buys car.. car crashes and on inspection is found to be completely un roadworthy,. (ie) its a cut n shut say,...( just an example ) who gets prosecuted ? It would be the responsibilty of the buyer to make appropriate checks at the time, just the same as buying a house. Once exchange has taken place then there is no going back. If the fault occurs after the car is driven away then it is probably something that the seller could not have forseen either. Quote Link to comment Share on other sites More sharing options...
Darren-K Posted December 6, 2006 Share Posted December 6, 2006 It would be the responsibilty of the buyer to make appropriate checks at the time, just the same as buying a house. Once exchange has taken place then there is no going back. If the fault occurs after the car is driven away then it is probably something that the seller could not have forseen either. thanks charlotte,i understand now. happy christmas by the way Quote Link to comment Share on other sites More sharing options...
Clarkey Posted December 6, 2006 Share Posted December 6, 2006 allright, man buys car.. car crashes and on inspection is found to be completely un roadworthy,. (ie) its a cut n shut say,...( just an example ) who gets prosecuted ? As you're talking about a private sale (EG - NON-Trader .. 2 .. NON-Trader) .. then it's the buyer's responsibility. Sorry bud - but you're being naive if you think that on a private sale ... the buyer .. can walk up to the seller and demand a refund as easily as if seller was a trader. Quote Link to comment Share on other sites More sharing options...
Darren-K Posted December 6, 2006 Share Posted December 6, 2006 As you're talking about a private sale (EG - NON-Trader .. 2 .. NON-Trader) .. then it's the buyer's responsibility. Sorry bud - but you're being naive if you think that on a private sale ... the buyer .. can walk up to the seller and demand a refund as easily as if seller was a trader. i guess i live in an ideal world,. i admit i am quite possibly wrong. Quote Link to comment Share on other sites More sharing options...
Terminator Posted December 7, 2006 Share Posted December 7, 2006 I think in the case you quoted if it could be proved that the seller hid the fact that the car was faulty, responsibility could quite possibly fall back to the seller. However it could be hard to prove. I know someone who bought a cut and shut in a private sale. It was spotted at the next MOT, there was nothing the guy could do but scrap the car be short of £6K. I think that is why most motoring organisations recommend a competent person to accompany you on car purchase. Both the AA and RAC do inspections, a good seller would welcome and inspection as they have nothing to hide. I think with regard to the statement, the customer is always right, this is normally associated with good customer relations rather than a legal issue. It often does a company more good in publicity by giving a little to one customer. Also it is much easier to deal with an idiot if you take their side, it takes the wind out of their sails. I have had to deal with hundreds of people spoiling for a fight over thirty years. They soon calmed down when I agreed with them. Give them a a few minutes to talk them selves down and they go away thinking they have really done well, when in fact they have achieved a lot less than they originally intended. I never once budge from my initial position, yet they thought they had put me in my place. ote=Darren-K;1155043]i guess i live in an ideal world,. i admit i am quite possibly wrong. [qu Respect to you Darren. Quote Link to comment Share on other sites More sharing options...
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