my husband bought a car about 2 weeks ago and has just found out that the head gasket has gone on it. have we got any claim back on it?
2007-03-29 09:03:40 · 17 answers · asked by mc stacey 2 in Cars & Transportation ➔ Buying & Selling
I bought one that way and the seller promised to fix it, he worked on it, but when I got it back it still wouldn't hold water , so I put a quart of water glass (ask your drugest) in it and drove it for a year before selling it.
There is a option, if you think the car was misrepresented and you were deceived, take the seller to small claims court, and let the judge decide, ala judge Judy
2007-03-29 10:13:47 · answer #1 · answered by ClassicMustang 7 · 0⤊ 0⤋
Yes, you do have rights under the Sale of Goods Act but it might be difficult enforcing these against a private seller.
There's also the principle of 'let the buyer beware'. Did you husband have an independent expert assessment done on the car before he bought it? The seller may argue that the car was fine when he sold it and that it is 'just one of those things' that the gasket has gone now.
Your husband could try approaching the seller to see if he is willing to give any part-refund but, if not, it may be cheaper just to get the work done and put it down experience!
2007-03-29 16:12:28 · answer #2 · answered by Charlie Babbage 5 · 1⤊ 0⤋
no. most likely the car was sold "as is." if this was not mentioned (either verbally or a written contract) you may be able to sue that the seller sold you a defective car. However the courty cost would be more expensive than the head gasket + labor, so i would probably just get it fixed. Hopefully you wont have anymore problems with it.
2007-03-29 16:13:45 · answer #3 · answered by Anonymous · 1⤊ 0⤋
No sold as seen. You would struggle to get a dealer to pay for this unless you can prove the head gasket was gone when he sold it to you.
Head gaskets go at any time and without notice. Bad luck.
2007-03-30 08:49:19 · answer #4 · answered by Mark J 5 · 0⤊ 0⤋
No, the car is sold as is. If he isn't knowledgeable about cars, possibly he should have taken someone with him that was. He should have seen signs that the head gasket was bad, like overheating or running hotter than it should, steam coming out the exhaust. If it had trouble idling, a clue that something is amiss.
2007-03-29 19:17:49 · answer #5 · answered by fisherwoman 6 · 0⤊ 0⤋
Well, is there a written contract?
If not, then you're down to "What was promised, what was delivered."
If nothing was promised, then you can't exactly claim that he failed
to make good on his promise.
If, on the other hand, you were promised a car in good working order
with nothing known to be wrong with it, then the issue becomes whether
or not he knew that there were problems.
If he didn't, then its still your problem.
If he knowingly sold you a defective item and said that it was not
defective, he committed fraud.
With no substantial paperwork or evidence, a small claims court
judge would probably side with him, since you have no evidence
that he knew about the head gasket.
2007-03-29 16:09:47 · answer #6 · answered by Elana 7 · 0⤊ 1⤋
While mostly dependent on where you live, what state, the only recourse you have to file a lemon-law claim. Other than that, if the seller made no implications as to a warranty or guarantee you are stuck with what you have.
2007-03-29 16:08:28 · answer #7 · answered by Compurednek 3 · 0⤊ 1⤋
from a private seller sold as seen.
that is a term you will hear alot.
get a mechanic to check over the next one before you buy it.
2007-03-29 16:08:24 · answer #8 · answered by druidthelakes 2 · 1⤊ 0⤋
Caviat Emptor - let the buyer beware
2007-03-29 16:11:23 · answer #9 · answered by John S 6 · 1⤊ 0⤋
private car sellers suck..go to showroom
2007-03-29 16:11:11 · answer #10 · answered by Anonymous · 1⤊ 0⤋