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AIBU?

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Original poster

AIBU to expect some sort of compensation?

63 replies

Clown1 · 28/10/2021 13:21

5 weeks ago I bought a used car, it broke down last week and needs £3000 of repairs. The person who sold it is a family friend and his business is a Ltd company. AIBU to expect him to help with the cost of repairs?

OP posts:
mrsm43s · 28/10/2021 15:43

@Essentialgarage

If you wanted a car that came with a warranty, you should have bought one from a dealer than offered one, and paid the higher price that they charge

Big fat bollocks. If you are buying from a business you can buy an additional warranty (or pay more for a garage that offers one) but it is that Additional. Any car that fails in the first six months is the dealers problem, regardless if the fault was there or not.

In fairness, when I said that the OP had not clarified that she bought the car from a business that sold cars. It was presented as "bought from a family friend" i.e private sale - in which case it is Caveat Emptor, and my statement applies.

Yes, if OP bought from the business, she has consumer protection. If she bought from an individual as a private sale, she does not. I don't know if the fact that it is a private sale from someone who also happens to own a business selling cars makes any difference. I would guess it would depend if the car was owned by the individual (i.e. their own personal car) or the business (a car taken in part exchange or bought by the business).

HoardingSamphireSaurus · 28/10/2021 15:45

@Clown1 please. Just read the Which informtion. There is some good information here and some less helpful.

Have a read, see what matches your situation and go and talk to him armed with the actual law!

Werehamster · 28/10/2021 15:46

[quote Clown1]@araiwa
Sorry aibu for not being on mn all day long.[/quote]
Araiwa makes a fair point. You're drip feeding.

If you bought it from a used car dealership then the fact that he is a family friend or whatever is irrelevant. You need to read the paperwork and see what it says.

If you bought it from him as a private deal and have no paperwork, then you're screwed.

if you're just here to have a whinge, then that's fine, but it's more helpful for everyone if you just give the full story at the beginning.

number87inthequeue · 28/10/2021 15:49

Google 'Car Traders and Consumer Law: Guidance for Dealerships'

This is aimed at used car dealers, and outlines their responsibilities and what they should do if a problem occurs with a car after they have sold it. It is pretty clear that a) they can't pretend to be a private seller if they sell cars as a business b) there is an assumption that a fault found shortly after the sale was already there when sold and so the vehicle was probably not fit for sale and c) that they should be offering a repair, replacement or money back.

So unless possibly the car was the seller's own personal vehicle he can't really get out of his responsibilities by just saying 'private sale'.

Not long ago I bought a fairly cheap used car from a dealership and it broke down 1 day later. They tried to tell me that a) the car had been a trade in so they sold it on a private sale basis b) I had no rights after I left the forecourt and c) what did I expect if I bought a cheap car, I should have either paid more or take out a warranty. I referred them to this guide (offered to take them a copy of they had 'lost' theirs) and as a 'gesture of goodwill' got a full refund the next day.

CreepySpider · 28/10/2021 15:50

Unfortunately this is why some people pay more for a car that comes with a warranty otherwise it really is bought as seen on the basis you are knowledgable enough to identify any faults at the time.

HPmagic · 28/10/2021 15:51

What are the repairs

Name99 · 28/10/2021 15:53

3k of repairs?
For what exactly?

Starstar7 · 28/10/2021 16:01

What did he say when you told him about the problems?

Thelittleweasel · 28/10/2021 16:16

@Clown1

Legally if this was a private sale the seller has no responsibility whatsoever.

SirensofTitan · 28/10/2021 16:23

[quote Thelittleweasel]@Clown1

Legally if this was a private sale the seller has no responsibility whatsoever.[/quote]
I don't think that's correct, I learned on here that you do have rights even with a private sale

www.theaa.com/car-buying/legal-rights

It's down the page a bit but a private seller can't just sell any old rust bucket

Werehamster · 28/10/2021 16:39

Private purchase For private purchases the phrase 'buyer beware' applies. Unless the private seller untruthfully answers any questions you've got about the car, they're not under any legal obligation to declare the condition of the car to you when buying and you won't be able to claim for repairs.

If it was a private sale, it depends on how the car was advertised and what questions the OP asked. For example, if the car was advertised as being 2 years old, but actually it was 10 years old, then you can claim a refund. It's very hard to get a refund from a private sale though. If the problem is something that wasn't specifically asked about, then the Op has no recourse.

If it was above board and the OP bought it from the dealership and has paperwork, then it's a different matter.

Werehamster · 28/10/2021 16:41

I can't find what you are linking to @SirensofTitan but of course you can sell any old rust bucket, as long as you are clear it's a rust bucket. People often sell cars for scrap.

Fetarabbit · 28/10/2021 16:43

Did he sell it to you as a mate or via his business? What did he say when you spoke to him about it?

PheasantsNest · 28/10/2021 16:44

Sold as seen.

Kite22 · 28/10/2021 16:49

What WereHamster said.

In your opening post, you say you bought a car from a family friend.
People replied to that.

Much later, you say that his business is selling used cars.
That puts a completely different light on it.

SirensofTitan · 28/10/2021 16:50

@Werehamster

I can't find what you are linking to *@SirensofTitan* but of course you can sell any old rust bucket, as long as you are clear it's a rust bucket. People often sell cars for scrap.
Yes,*@Werehamster*, you are right as long as it's correctly described.

Here is the text from the AA site

Buying a used car privately

You won't have the same legal protection as you would if buying from a dealer
It's up to you to ask the right questions and inspect the car thoroughly before you buy.
It's a good idea to get a thorough car check to make sure there's no shady past.

Because your legal rights are more limited, unscrupulous dealers may masquerade as private sellers:

Be very wary if a private seller wants to meet you somewhere other than at their home, or if their name is not on the V5C registration document.
A dealer pretending to be a private seller is committing a criminal offence.

The only legal terms that cover a private sale contract are:

The seller must have the right to sell the car.
The vehicle should match the description given by the seller.
The car must be roadworthy – it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today.
Werehamster · 28/10/2021 17:05

Thanks! Yes, it's hard to tell if the guy has been actually really shady here or if he was legitimate and it was just bad luck it broke down soon after selling.

RubyKitty · 28/10/2021 17:08

If he’s a trader then by law I believe you get a minimum of 3 months warranty so go back to him under warranty. He should have a policy that covers this

RubyKitty · 28/10/2021 17:10

@RubyKitty

If he’s a trader then by law I believe you get a minimum of 3 months warranty so go back to him under warranty. He should have a policy that covers this
Posted too soon… You probably should have given him the chance to repair it first tho!
WickedWitchOfTheTrent · 28/10/2021 17:11

Did you try to take it back to him and ask him to fix it?

If you bought it through the company then by law he has to offer a warranty of some sort.

hellcatspangle · 28/10/2021 17:13

Every time I've bought a used car from a garage it's had a three month guarantee.

londonrach · 28/10/2021 17:22

Private sale...no, sold as seen. Company or garage....maybe

Chocolatehamper · 28/10/2021 17:26

Depends on what happened to warrant £3k repairs - has the cam belt snapped and scrapped the engine? Did the car come with any service history? Have you taken out any kind of warranty with the car? Some repairs would be down to the seller - family friend or otherwise - but some wear and tear items that fail wouldn't be covered by any warranty - not one that comes with a £3,000 car anyway.

HermioneKipper · 28/10/2021 17:27

Yes definitely.

Does he know about the repairs needed and refused to pay. If so you’ll have to threaten with small claims court.

If he doesn’t know, approach him and ask him to repair the car.

Cheeky bugger. What’s exactly wrong with it. With that sort of price for a fix he must’ve known something was seriously wrong with it

Essentialgarage · 28/10/2021 17:28

@hellcatspangle

Every time I've bought a used car from a garage it's had a three month guarantee.
It has six months. Any garage trying to suggest otherwise is wrong.
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