i bought on ebay a 2000 mitsubishi shogun di-d for £7500 (a good price i thought).on the way home (200 mile journey) the thing broke down 12 times with a fuel problem .it will cost £4000 to fix and the air con had been removed and will cost £2000 . i stopped the £5000 cheque i gave the seller as he didn't mention either of these problems ( i now know he knew)but he has got £2,500 of my money . he also advertised other things it didn't have . i'm prepared to keep the car and use his £5000 +£1000 more of mine to save any more hassle. how do i stand legally ?
2007-03-12 06:33:42 · 10 answers · asked by woodchip1960 2 in Cars & Transportation ➔ Buying & Selling
also the car wasn't in his name . he was never on the v5. he had it signed by the previous owner and i completed the sale section and sent it off. i assumed he was some kind of dealer or he only owned it 2 months and had no intention of keeping it .so basically i gave my money to someone who was never the registered keeper.
2007-03-13 21:52:07 · update #1
The onus of making sure the car was of 'merchantable quality' is yours from a private seller and the seller's in the case of a dealer.
In your case a lot depends on any documentation you signed when taking the car and what the seller signed when taking your cheque.
You could be liable for the £5000 because you might have bought 'as seen' but you have a heap of trouble in your back yard so if I was in your shoes, I'd call him and tell him to remove it, but only if you satisfy the criteria I mention.
2007-03-12 06:39:31 · answer #1 · answered by MANCHESTER UK 5 · 1⤊ 0⤋
There is always a risk when buying cars off ebay especially when you have not seen the car before hand. Read the description of the car and if it states something like full working order etc.... then complain to ebay and use the buyer dispute options. I am surprised he let you take the car before payment had cleared. Legally you will either have to pay for the car at the price you agreed (ie bid) or give the car back once a full refund of monies has been agreed. If you keep the car and have cancelled the cheque then you are breaking the law by unlawfully keeping goods by deception. His arguement will be the car was sold as seen or was working and you have done something to the car on the journey home to decieve him. Either way it will be his argument against yours. I would just explain to the seller the car is not as described and meet half way to exchange car for the rest of the money owed. Use ebay's service's to explain the situation as it will be logged on their system if anything were to go wrong. There are lots of Shoguns on the market for sale in better condition so dont settle for one that needs loads of work doing. As they say another one will be along in a minute.
2007-03-12 07:13:14 · answer #2 · answered by sonic 4 · 2⤊ 0⤋
Although he sold it without gaurentee he still mis-described the vehicle, so he is still liable under the false descriptions act.
I have to ask though, what had your garage been smoking when they told you £4000 to repair a fuel problem, you could have a brand new engine fitted for fractionally more than that. If you pay that you really need shooting. Put the car in a local car auction with no description of the mechanics and no gaurentee. You'll probably end up doing quite well for yourself.
Also the air-con should cost no more than £500 to re-fit from a real rip-off garage. Again if you pay £2000 then without meaning to sound rude you deserve to have been seen off as you clearly have far more money than sense!!!
If you want to keep the car then shop around, you'll save yourself four figures easily on th cost of the required work, but if I were you I would put it in a local auction with a £3500 reserve. You'll probably get that without difficulty, and end up £1000 up.
2007-03-12 12:42:46 · answer #3 · answered by Bealzebub 4 · 2⤊ 0⤋
From what you have said you bought the car in an Auction, if it was described as having a feature, say Air Con, which is broken and it can be proved that the seller knew this then you could claim the vehicle was unfit for its saleable purpose. However, to hand over £7500 of my money, without having first had the vehicle checked over for these kind of problems would require me to be having a really off day. If you withhold payment and keep the car the seller can request either the full payment or return of the car, failure on your part to comply would mean he could report the car as stolen, (Theft by retention).
You're best bet is to get back in touch with seller and insist on them taking the car back of your hands, and the return of your £2500.
2007-03-12 07:32:57 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Unfortunatley, in many cases like this it's a case of caveat emptor - or buyer beware. The item is sold as seen and as you handed over the readies, it's a done deal. Did you pay with a credit card by any chance because for payments over £200.00, they will refund you the money paid out.
I've never used ebay before but is there somewhere you can contact on the website to get advice about getting your money back? Or contact Trading Standards?
Alternatively, sell the car as it is - you will probably recoup your £2500 and perhaps more besides.
2007-03-12 06:40:57 · answer #5 · answered by Anonymous · 1⤊ 0⤋
You gave money to someone who was not the registered keeper and you obviously did not get the thing checked out by the RAC or similar organisation.
You have made a really bad choice that could have been prevented with a little common sense. The guy who sold it you is probably going to dispute what you say so dont think that it is solved and you can use the £5,000 to sort it out. your only option is to see a solicitor.
2007-03-18 06:27:11 · answer #6 · answered by esmerelda v 5 · 0⤊ 0⤋
Once you have agreed to buy the car, then it becomes your property, but having said that, on e bay if the advert is misleading, then you have the right to pull out of the auction. But then you agreed to buy the vehicle after you had viewed it, so stopping the cheque becomes "obtaining good or services by deception" your on thin ice with this one, but one thing you must do is get in touch with e bay asap, to check how you stand. If you have no luck with them, then maybe citizens advice, or as a last resort get in touch with a solicitor. If all this fails then the best thing you could do is get in touch with the seller and see if you can negotiate a better deal. Good luck with it, I'd hate to find myself in your shoes.
2007-03-12 07:22:21 · answer #7 · answered by Anonymous · 1⤊ 0⤋
I'd be concerned about the fraud charge that is about to drop on your mat. If its a private seller he doesn't need to do anything, its up to you to ensure the car is ok.
A dealer has to ensure it is of merchantable quality but must be given the chance to repair. Also the seller is going to argue if it broke down 12 times in 200 miles why did you carry on driving causing more damage to the engine.
2007-03-12 08:21:42 · answer #8 · answered by Mark B 5 · 0⤊ 0⤋
Oh, gawd. Problem is, you agreed to buy the car at that price, against which it was misrepresented. I'd suggest you speak to a solicitor, you'll usually get a first appointment free. you really do need to be sure of the legal position.
2007-03-12 06:40:20 · answer #9 · answered by champer 7 · 1⤊ 0⤋
the car i legally yours now (if you signed the paper work)...it is up to him to try and get the moneys outstanding from you....if you do not pay or come to some arrangement it will be him taking you to court...good luck
2007-03-12 06:44:42 · answer #10 · answered by Anonymous · 1⤊ 0⤋