Should a private car seller disclose all damage?

Question

This week I purchased a car that is less than 2 years old. It was a private sale and I asked the seller if there was any damage or anything wrong with the car. He said NO. I have now found what seems to be a major fault with the brakes that he would have known about prior to sale. What is my recourse??

I am in the UK.

The lemon law sounds good though!!!?

Answer 1

If your car is less than 2 years old it should still be under a dealership warranty and they would fix the problem. If you bought it "as is" then its your expense to fix it. However, Brakes are something that normal wear and tear just wears out and then again you have the expense to you.

Answer 2

If you brought it "As Is" you don't have any recourse unless the seller is willing to acknowledge the fault. The best you could hope for is that the seller might share the cost of repair.

That is why you should always drive the car and even take it to a mechanic to see if there is any undisclosed damage or needed repairs.

Hopefully this is not an expensive lesson learned.

Answer 3

Issues of contract law and private auto sales are matters of state law, but most states do have laws that govern required disclosures when selling a car. You might have a claim for breach of contract fraud depending on the facts of the case.

You state that the car "seems" to have a fault that the seller should have been aware of. You better be prepared to have evidence of why the seller "would" have known about the fault.

Answer 4

Lemon laws would apply in the US. You would need to show that the problem was present at the time of purchase, that it was not disclosed, and that attempts to fix the problem do not work. If all of this were possible, most "lemon laws" including Federal Lemon Law would provide you attorney fees should you win your case in court.

In your specific case, however, a problem with brakes that you notice now, but did not notice when you test drove the car, would be considered a new problem. Also, most lemon laws only apply to new vehicles.

Answer 5

Should have looked up the car history on carfax.All you need is the vin number and it tells you everything about the car.Some states have a lemon law..,but seeing that it was a private sale,it may not hold water as its usually sold as is and there are no warranties or guarantees.You can try in civil court but again..,usually private sales are as is.Good luck. Also did you drive the car before you bought it?You should have been able to tell there were problems with the brakes then.

Answer 6

Depending on what state you are in there may be a lemon law that would apply to private sellers also. I would call around and ask some people.

Answer 7

There is a saying "buyer beware". With most private sales, you get what you get. But the truth of it is, you specifcially asked about damage or anything else wrong and he straight out lied. You can now sue for the necessary repairs in small claims.

Answer 8

None, damage disclosures are meant for damage caused by accident, flooding and the like. Mechanical problems, such as brakes, are not considered damage. Also, used cars are usually sold as-is, meaning you get to inherit any problems the vehicle has without it falling back on the previous owner. Get the brakes fixed and stop worrying about it.

Answer 9

there is none most likely unless u signed a bill of sale stating the car was in working order and guaranteeing it .... u bought it as-is .... u could file a civil suit but it will probably wind up costing u more than a brake job.

Answer 10

I doubt that you have many rights or recourse from a private seller.