Car dealer definition

Car dealer definition

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WSTT

Original Poster:

14 posts

18 months

Wednesday 12th July 2023
quotequote all
Hello!
I'm sorry but I don't know exactly where I should post this but I have a question that maybe one of you might know the answer.

I went to a dealership to by a car and the dealer end up selling me the car through a private sale without me realising it.
My question is, can a person that deals on cars do a private sale?

Thanks in advance!

Auto810graphy

1,525 posts

99 months

Wednesday 12th July 2023
quotequote all
The answer is yes but if it was a reputable dealer they would have something to say about it.

The main question is was the car in the sellers name, if not it might just be a way of selling a car without warranty however if a fault did occur you would probably win if it went to court.

OverSteery

3,667 posts

238 months

Wednesday 12th July 2023
quotequote all
I would say NO

A dealer is a dealer and they sell cars as a business to a consumer and full consumer protection are due.

It doesn't matter what b****** they write on the receipt

WSTT

Original Poster:

14 posts

18 months

Wednesday 12th July 2023
quotequote all
The car for what I understand was in the guys name, not the dealership. But am I wrong to assume that anyone that buys car to sell is view in the eyes of law as a dealer? Because the only good reason I see to do this is to evade taxes.
And I don't understand the consumers right act as a warranty, it is just a way to guarantee that what is sell is in conditions in the moment of the sell and that is all I am arguing in this case.

Trevor555

4,504 posts

91 months

Wednesday 12th July 2023
quotequote all
WSTT said:
Hello!
I'm sorry but I don't know exactly where I should post this but I have a question that maybe one of you might know the answer.

I went to a dealership to by a car and the dealer end up selling me the car through a private sale without me realising it.
My question is, can a person that deals on cars do a private sale?

Thanks in advance!
Did you print a copy of the advert they placed for the car?

How did you pay them?

Who exactly did you pay?

If you've now got an issue with the car I suggest contacting citizens advice, it's a free service.

But be sure to tell them it was NOT a private sale.

Trevor555

4,504 posts

91 months

Wednesday 12th July 2023
quotequote all
WSTT said:
The car for what I understand was in the guys name, not the dealership.
How was it advertised?

Did you view/buy at the dealership?

OutInTheShed

9,361 posts

33 months

Wednesday 12th July 2023
quotequote all
There are a few 'edge cases' I'm not sure about.

A dealer selling his personal car, nothing to do with his business. Say his business is a LTD Co , the car was bought by him personally for his own use.
I once nearly bought a car from a mechanic who worked at a dealers, I viewed the car at his work in his lunch break. That would have been a private deal.

Also, some 'dealerships' have cars or bikes on display which belong to private sellers, the dealer is just a broker introducing the buyer to the seller.

There are people who tread a fine line, they work in the trade, they buy and sell a lot of cars which they also use for transport.

I've also bought a few 'trade ins' 'sold as seen' years ago, I think this is harder to do now.

WSTT

Original Poster:

14 posts

18 months

Wednesday 12th July 2023
quotequote all
I view the car on the dealership. I went there, the car was not advertised anywhere. I'm pretty sure he didn't used the car as a private car.

It seems I did the payment to his personal account, though a bank transfer. I didn't realize at the time, he was the one the introduced the details on my phone.

I know this all seems very stupid but at the time I didn't realise how scratchy all was because the system here is quite different from where I came from.

Thank you all for the answers so far.

samoht

6,286 posts

153 months

Wednesday 12th July 2023
quotequote all

I would have thought that if you bought a car from a car dealer in a car dealership, that it would be considered legally a purchase from a dealer, with the extra consumer rights that includes. I can't imagine a judge considering it a private sale under those circumstances, possibly unless you signed a fairly clear contract saying you were aware it was a private sale.

WSTT

Original Poster:

14 posts

18 months

Wednesday 12th July 2023
quotequote all
That's the thing, it was never discussed during the sale it was and when I signed the paper there was nothing that suggested that. When I send him the official notification requesting the refund, his lawyer send me a copy of the document I signed that now has this first line that reads private sale... It was a document written by hand on the day of the sale... It never passed through my mind that he would write on top of it, I do feel very stupid now.

WSTT

Original Poster:

14 posts

18 months

Wednesday 12th July 2023
quotequote all
I am still hoping that the law and my right would be above anything written on a paper. Just because you write something that doesn't make it legal, even if it is signed by both parts. But I guess this goes beyond what I think it's right or wrong

cuprabob

15,701 posts

221 months

Wednesday 12th July 2023
quotequote all
WSTT said:
That's the thing, it was never discussed during the sale it was and when I signed the paper there was nothing that suggested that. When I send him the official notification requesting the refund, his lawyer send me a copy of the document I signed that now has this first line that reads private sale... It was a document written by hand on the day of the sale... It never passed through my mind that he would write on top of it, I do feel very stupid now.
Were you not given a copy of the document you signed?

WSTT

Original Poster:

14 posts

18 months

Wednesday 12th July 2023
quotequote all
cuprabob said:
WSTT said:
That's the thing, it was never discussed during the sale it was and when I signed the paper there was nothing that suggested that. When I send him the official notification requesting the refund, his lawyer send me a copy of the document I signed that now has this first line that reads private sale... It was a document written by hand on the day of the sale... It never passed through my mind that he would write on top of it, I do feel very stupid now.
Were you not given a copy of the document you signed?
No, I was expecting it to be send by email

Trevor555

4,504 posts

91 months

Thursday 13th July 2023
quotequote all
WSTT said:
That's the thing, it was never discussed during the sale it was and when I signed the paper there was nothing that suggested that. When I send him the official notification requesting the refund, his lawyer send me a copy of the document I signed that now has this first line that reads private sale... It was a document written by hand on the day of the sale... It never passed through my mind that he would write on top of it, I do feel very stupid now.
Call citizens advice today...

SmoothCriminal

5,299 posts

206 months

Thursday 13th July 2023
quotequote all
You let someone else enter details for a payment on your personal banking app on your phone.

Thats got scam written all over it.

OutInTheShed

9,361 posts

33 months

Thursday 13th July 2023
quotequote all
SmoothCriminal said:
You let someone else enter details for a payment on your personal banking app on your phone.

Thats got scam written all over it.
That does sound worrying.

I suggest contacting the bank immediately.
Make sure no further payments are going to be taken or anything.


But, it could be that the OP has bought a good car at a fair price?
So what does he want to happen?

WSTT

Original Poster:

14 posts

18 months

Thursday 13th July 2023
quotequote all
The payment was all made in one go.

I did overpaid with the promise the car was in excellent condition. It is an old car but that is not an excuse to have motor problems.

His lawyer says it is was private sale so I am not protected under the consumers right act.

Vsix and Vtec

739 posts

25 months

Thursday 13th July 2023
quotequote all
WSTT said:
The payment was all made in one go.

I did overpaid with the promise the car was in excellent condition. It is an old car but that is not an excuse to have motor problems.

His lawyer says it is was private sale so I am not protected under the consumers right act.
His lawer is most likely nothing of the sort. Any idiot can say "I'm a lawer", he is more likely to be a business partner who pretends to be one so you feel forced to accept the situation. Get independent advice and also get in touch with the trading standards authority. You're dealing with a con man, so trust NOTHING they say to you until your money is back in your account.

OverSteery

3,667 posts

238 months

Thursday 13th July 2023
quotequote all
Ask the Mods to move this to Speed, Plod & the Law, you will get better advice there.

I am not a lawyer... but my understanding is that this is clearly a trade sale, so the law is on your side. You cannot sign away your rights.

However, that doesn't mean you haven't got a fight ahead.

Roger Irrelevant

3,113 posts

120 months

Thursday 13th July 2023
quotequote all
OutInTheShed said:
But, it could be that the OP has bought a good car at a fair price?
So what does he want to happen?
This is the bit of the puzzle that seems to be missing. Is there anything actually wrong with the car OP? If you're happy with it, and it's a fairly old car, then for now just tell the dealer that so far as you are concerned it was a business-to-consumer sale, that him writing 'private sale' on a bit of paper doesn't mean anything, and leave it at that. If you'd dropped £200k on a 2-year old Ferrari then yeah, I'd be clarifying the legal position now, but if it's a £3k 15-year old Kia I'd only bother having the argument if it actually goes wrong in the near future.