Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
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Hi guys, i bought a car yesterday, and the vehicle was fine from what i could see. Drove it home and went to start it again, it started stuttering and struggled.
On furthur inspection we found that it's using alot of water and looking down cylinder 3, we could see the piston was discoloured and you could see water on there.
We also did a fault reading on it which brought up "cylinder 3 misfire".
Now i understand a vehicle is sold as seen, however i don't believe this could of happened in the 20 mile drive home, tempreture didnt fluctuate and everything seemed fine.
I also believe the buyer did know about the issue as there is radweld present in the water it's self.
Just wandering where i stand legally, yes i did sign something saying sold as seen, but i don't see how you could see a headgasket faliure if you see what i mean, as the car drives perfectly.
Cheers Rob
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Rob B
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Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
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Also found this which is a similar sort of situation, except i would expect a clutch/exhaust blow to be picked up on a test drive.
sold a car yesterday to a consumer for £500. At such a low price, I told him it was 'sold as seen'. He accepted this. Now, he's complained because the exhaust has fallen off, and he sys the clutch is going. I've told him that he agreed it was sold as seen and he hasn't any comeback.
'Sold as seen' in this context is a meaningless statement. You can only apply this reasonably to the way the car looks, or something that can be easily seen on a visual inspection, perhaps scratched or dented bodywork for example. However, it is not reasonable to expect a faulty exhaust or clutch to be picked up on the basis of a visual examination, and the consumer is probably entitled to complain. This soon into the contract, the Sale of Goods Act 1979 (as amended) would most likely allow him to reject the car and have a full refund.
Using the term 'sold as seen' in these circumstances may also be a criminal offence under the Consumer Transactions (Restrictions on Statements) Order, as it would be seen as an attempt to restrict a consumer's legal rights. If you want to use any disclaimers, either in contracts or in signs on the garage premises, it is best to seek advice from Trading Standards or your company solicitor first.
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Liam B
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Registered: 2nd Mar 09
Location: Herefordshire
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Sold as seen im sure you cant do anything about it, no matter what the condition
Did you buy it at an auction?
[Edited on 26-06-2009 by flame-red]
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CORSA NUT
Member
Registered: 3rd Aug 01
Location: Wirral
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No such thing as sold as seen mate 
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CORSA NUT
Member
Registered: 3rd Aug 01
Location: Wirral
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I get people to sign, date and time a receipt when i sell/buy a car just for the benefit of speeding etc whilst it's still in my/there name
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John
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Registered: 30th Jun 03
User status: Offline
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If you've driven away it's your problem.
The seller may be nice but you should check these things before handing money over.
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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the only time you can do anything about this is if you purchased it from some one who would be legally an expert this could be a dealer, a mechanic or someone else in the business, if thats the case then sold as seen doesnt really matter as according to the law they know more than a lay person so are held responsible.
unfortunetly if its a pricate deal, then you have no chance, the problem is trying to prove they knew about it before hand if they are just a normal person its down to you to be able to prove that they knew about the problems obviously this is nigh on impossible unless you find a reciept from a garage pointing out the problems before they sold it.
so short story if its a dealer then go back and threaten them if its private take a mechanic or get an AA check next time, sorry mate its a shit thing for someone to do to you though as im sure he knew about it, some people are bell ends in this life. even asking the person if there is something wrong with the car doesnt help as although they legally have to tell you, they can just lie and say they dont know as they are not a mechanic and its not there job to know.
on the plus side taking law at uni came in handy finally lol.
[Edited on 26-06-2009 by ssj_kakarot]
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Ben G
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Registered: 12th Jan 07
Location: Essex
User status: Offline
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nothing you can do i think due to you signing something saying you are basically liable from this point onwards
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DaveyLC
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Registered: 8th Oct 08
Location: Berkshire
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If its a private sale you cant do anything.
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fir3vip3r
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Registered: 14th Jun 06
Location: Stevenage, Hertfordshire
User status: Offline
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if you test drove it and was ok and then drove it home, maybe the owner didnt know anything was wrong?
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CORSA NUT
Member
Registered: 3rd Aug 01
Location: Wirral
User status: Offline
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Even signing anything dosn't mean jack all.You has got as little as comeback as you have.
Hence 'Sold as seen' means nothing.The options are to go and see him (with the boys) or sue him (which is pointless also)
I know of more than a few occasions that my mates have got money back for cars etc through aggresive actions.No violence...just scare tactics.
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
User status: Offline
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quote:
Originally posted by CORSA NUT
Even signing anything dosn't mean jack all.You has got as little as comeback as you have.
Hence 'Sold as seen' means nothing.The options are to go and see him (with the boys) or sue him (which is pointless also)
I know of more than a few occasions that my mates have got money back for cars etc through aggresive actions.No violence...just scare tactics.
then you just get reported to the police for harrasment and threating behaviour.
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Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
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It drives fine though and starts from cold fine, its when its warm it will splutter and sometimes not even start. Impossible really to tell IMO im going to ring the garages in the service book see if it came in for any problems, its the radweld that suggests to me he knew about it.
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willay
Moderator
Organiser: South East, National Events
Premium Member
Registered: 10th Nov 02
Location: Roydon, Essex
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yeah scare tactics just makes you a cunt imo, you dont know if the previous owner knew about the fault.
[Edited on 26-06-2009 by willay]
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CORSA NUT
Member
Registered: 3rd Aug 01
Location: Wirral
User status: Offline
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Well no that never happend in any of the situations i mentioned.
You just need to put your point across.Don't forget this guy is in the wrong too! The police will take a dim view of this.
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VegasPhil
Premium Member
Registered: 16th Jan 05
Location: Fareham, Hants Drives: Octavia VRS
User status: Offline
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What you bought?
Corsa 2.0 16v Vegas - Sold
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CORSA NUT
Member
Registered: 3rd Aug 01
Location: Wirral
User status: Offline
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quote:
Originally posted by willay
yeah scare tactics just makes you a cunt imo, you dont know if the previous owner knew about the fault.
[Edited on 26-06-2009 by willay]
It dosn't matter if he knew or not.Unless he gives you the money back willingly then he may aswell admit the guilt.If it happend to me i'd take the car back and hand over the money.
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Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
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Type R of all the cars you think wouldn't go wrong eh..
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willay
Moderator
Organiser: South East, National Events
Premium Member
Registered: 10th Nov 02
Location: Roydon, Essex
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I find that hard to believe Alan but ok!
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ssj_kakarot
Member
Registered: 29th Apr 03
Location: hartlepool
User status: Offline
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quote:
Originally posted by CORSA NUT
Well no that never happend in any of the situations i mentioned.
You just need to put your point across.Don't forget this guy is in the wrong too! The police will take a dim view of this.
but hes not in the wrong at all, well not legally.
morally he may be, and i beleieve he did know about the problems, however, there is also a chance he did not know a thing about it at all, so turning up to his house with the "lads" and showing threatinging behaviour will get you in trouble if he rings the police which he should as legally he is not in the wrong at all, the police will take his side, as if they would take the side of a group of lads with the intent of threating someone into taking a car back.
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CORSA NUT
Member
Registered: 3rd Aug 01
Location: Wirral
User status: Offline
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Serves you right Rob  
Jkin mate.You'd think they would be relaible eh.
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willay
Moderator
Organiser: South East, National Events
Premium Member
Registered: 10th Nov 02
Location: Roydon, Essex
User status: Offline
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yeah proper strange for a type r  Was it a breadbin shape?
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John
Member
Registered: 30th Jun 03
User status: Offline
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It's a chance you take with a private seller, that's why prices are cheaper than garages.
If you can't be sure you've covered everything you either knock money off the price or walk away.
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CORSA NUT
Member
Registered: 3rd Aug 01
Location: Wirral
User status: Offline
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quote:
Originally posted by willay
I find that hard to believe Alan but ok!
Put it this way...
If you sold me a car and it went wrong either on the way home or when i got home i'd be back to you and asking for the money back.
If you didn't give it me back which you should if you had an idea of the problem or not your basically a twat and i don't like being ripped off.Then i'd get the money back.
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John
Member
Registered: 30th Jun 03
User status: Offline
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That's all very well until you come across somebody harder than you.
Shouldn't buy cars privately unless you know enough to check them all over before swapping cash.
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