any legal buffs on here... son has
Discussion
If a seller is buying and selling 'regularly' even as a sideline then he's classed as a trader and cars have to be fit for the purpose sold. So, in essence would be liable. Talk to him first and see what he says. If he will not play ball then tell him you will go to Trading Standards and will also make sure that HMRC know about his sideline activities - if he hasn't declared his income from this little sideline you might just find that he will be more than happy to co-operate 
Disclaimer: this is posted as general advice as I do not know the circumstances of the seller in this particular case.
Disclaimer: this is posted as general advice as I do not know the circumstances of the seller in this particular case.
Edited by restoman on Thursday 10th February 19:47
Edited by restoman on Thursday 10th February 19:48
I'm not a lawyer.
Why don't you just go and talk to him. Know in your mind what you want. Listen to what he says. Do not lose your temper. See what happens. If you don't get any satisfaction* then you can go to Trading Standards/Small claims court if you want to.
*Copyright Nanker/Phelge
Why don't you just go and talk to him. Know in your mind what you want. Listen to what he says. Do not lose your temper. See what happens. If you don't get any satisfaction* then you can go to Trading Standards/Small claims court if you want to.
*Copyright Nanker/Phelge
400+bhp said:
... need to know where we stand hense the question to start with...
Sigh. Until you talk to him you won't know will you? He might accept responsibility and give you a refund: he may tell you to foxtrot oscar. Until you talk to him you don't know where you stand and nobody can give you any substantive advice.I'm not a legal buff, just a lawyer. As you have already been clearly advised above, if the seller is a trader then the car is subject to the implied conditions set out in the Sale of Goods Act, and a head gasket failure after one day would probably indicate that the car did not comply with those conditions.
I should add that all legal disputes are fact specific, and no lawyer is Mystic Meg. As noted above, much depends on what caused the gasket failure, but it might (note the word "might") reasonably be inferred that the car had a latent defect when sold. If the seller was a private seller, then there would be no come back, but a trader cannot rely on a purported exclusion of liability by pointing to a "no warranty" statement. In theory, a claim could be pursued through the county court, but you should be under no illusion about the time and hassle involved in seeking recourse through litigation. You might suggest that you split the cost of repair with the seller, particularly if you don't wish to burn the relationship with him.
Breadvan73 said:
I'm not a legal buff, just a lawyer. As you have already been clearly advised above, if the seller is a trader then the car is subject to the implied conditions set out in the Sale of Goods Act, and a head gasket failure after one day would probably indicate that the car did not comply with those conditions.
On any car, cylinder head gaskets rarely actually fail. They are first damaged by some other agency, usually overheating following coolant loss. That process can be over weeks or longer depending on circumstances. I'd bet a month's wages the cylinder head gasket was already damaged on that car prior to purchase and it's easy for someone in the trade to disguise the signs or even remove them with a few simple measures. When ever I buy a used car, unless it's really really cheap and I can easily recover my outlay selling say the alloy wheels and tyres and a few other bits, I ALWAYS take the car for at least a twenty mile test drive being all eyes, ears and nose during the drive. Yes, smells can be informative. Many things such as slipping clutch stench, burnt wires, escaping coolant, fuel leaks etc etc.
Twenty miles gentle driving at first and if initial signs are good, faster speeds on a dual carriageway. Twenty miles should show up anything that is not right such as a suspect damaged cylinder head gasket ON ANY CAR. Then lift the bonnet whilst engine is still hot after the twenty mile drive and look and listen.
If the vendor objects to such a drive with some excuse such as low on fuel, offer to put a gallon in the car. If still no dice, WALK. There's always another.
There are a few basic checks which are a fairly reliable guide for a damaged cylinder head gasket. Search any car site for more details. In the case of the K-Series, check the sticky over on MG-Rover.org. It's very informative.
Provided only the head gasket is damaged and nothing else, most good repair outfits can do this simple job for 300-400 quid both parts and labour. Renewing the gasket on the K-Series is a doddle provided the owner did not drive on when the car started to show signs that something was wrong which caused more serious damage. Even on the Turbocharged 1.8 K-Series the job is not much more involved provided only the gasket is damaged.
Finally, 30% of 700 or 30% of 350 ... think about it ...
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restoman said:
Goodwill gesture of 30% implies that he knows he is in the wrong and is fully liable.
Hi new to here so hello all been reading few forums and have to comment on few. as there seems to be a certain train of thought here!!! there are a few genuine people about and to offer a gesture is not a sign of guilt!!! or admitting knowing of a problem... come on guys whats happening to this world can only assume to think like that would mean to act like that also well my first post and and got that off my chest.have a good day all.
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