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Breach of contract and misrepresentation? Please help ;p)

Last post Thu, Jun 25 2009, 9:05 PM by chodjinn. 2 replies.
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  •  Thu, Jun 25 2009, 9:05 PM

    Re: Breach of contract and misrepresentation? Please help ;p)

    Well you're half right. I pointed out what I thought was a potential fault, but was assured that it was fine, when in fact it wasn't. The car was sold as mechanically sound, when in fact it wasn't in terms of the clutch, not the sort of thing you can inspect. Yes I bought it with some known faults (like the handbrake) and negotiated a better price based on that, then more went wrong. The vehicle has full service history so the mileage is genuine. My housemate has had the same car for over 3 years and I looked at plenty. Don't get me wrong, if it was a lemon I would have just taken it back immediately, it is in amazing condition for it's age that's why I persisted. You seem to be missing my point. We agreed terms of sales, which included the sellar paying £25 for a new V5 - and now he has cancelled the cheque, that is completely separate to the tax issue we resolved after the sale. It's more the principal of the thing really than anything else, I think it's out of order what he did after we had spent over a week sorting things out.

    thanks for your response tho.

    • Post Points: 5
  •  Thu, Jun 25 2009, 6:26 PM

    Re: Breach of contract and misrepresentation? Please help ;p)

    The problem here is one that comes up as "sold as seen" which really gives you nothing to go back on. You pointed out the faults, got something off the price and then managed to get some more off afterwards - you were lucky. Most would have been told to naff off (or words similar) and you would be stuck with a lemon.

    You are dealing with a vehicle that is over 20 years old and has allegedly done 81,000 miles. It will have faults and should have been bought with the full knowledge of what you were getting into. If you had doubts, you should have walked away when you had the chance.

    If you were going to go down the legal route, I think you would struggle to build a successful case. In your position, I would simply lick my wounds and move on - selling the lemon on the way.

    SHARK!
    • Post Points: 20
  •  Thu, Jun 25 2009, 6:10 PM

    Breach of contract and misrepresentation? Please help ;p)

    Hmph, something came up today regarding a car I recently bought (within 4 wks) and I'd like some advice if possible.

    The car was first registered in 1985, so yes it's old but it had only done 81k when i bought it and it is absolutely mint (well...).

    When i bought the car, the man didn't have the V5, so gave me a cheque for £25 to cover a new one. No issues there. The tax was just about to run out as well, but it wasn't until after I bought the car and got it home that I found out it takes 6 weeks to get a new V5. The car also needed an MOT, which I was fine with as he had the recent fail sheet and it just 'needed the handbrake adjusting' according to him - it actually needed a complete refurb and cost me £35 (so £75 inc. the MOT).

    When I bought the car, I was assured it was mechanically and electrically sound. When I went to collect the car, I only drove it for a short distance and noticed the clutch slipping. I mentioned this to the previous owner (he was in the car, I was giving him a lift home) and he assured me it was a 'glazed clutch' and that it had happened 'once before about 6 months ago'. Now, i'm not a dummy when it comes to cars, and neither is he (he just finished automotive engineering at uni) but I went along with it as I'd not experienced it before.

    So I went along with it, it drove home ok but the next morning I noticed it really bad. So unfortunately I had to get a new clutch sorted out, which cost me £240. Now as far as I am concerned, the sale of the car was misrepresented, as the car wasn't mechanically sound and he also failed to mention the clutch problem until I'd paid him.

    So I phoned the previous owner about the clutch, and also mentioned the taxing issue. Cut a long story short, we agreed a deal where he paid for 6 months tax and would send the disc up to me, and we call it quits, everybody happy. Well he did that, and also cancelled the £25 cheque for the V5, as I have just received the letter from the bank.

    Now, £25 he gave me was part of the original sale, so now he has stopped the cheque, that is breach of contract, correct? Also, since he did not mention the clutch issue until after the sale, that is misrepresentation as the car was not as described. Additionally, the rear lights have now blown, and the drivers electric window stopped working yesterday, but since it's and old car this can be taken as wear and tear.

    Now stopping the cheque is just bloody cheeky! He obviously wasn't happy about paying for the tax, but considering the cost of the clutch I think he got off lightly.

    Personally, I think he knew there was a problem with the clutch and tried to pass it on quietly, when I came back at him (nicely) about it, he did try to wriggle out of it a few times, but after mentioning misrepresentation etc we came to a deal that I was (reluctantly) happy with.

    Anyway, the point is, where do I stand now, because I think, from what I know, that I can take him to court for breach of contract and misrepresentation? All I want is the money for the V5 and the clutch.

    I realise I do not have as much rights witha private sale as I would with a dealer, but surely this is pretty clear?

    advice?

    • Post Points: 20