Rights when buying a private car - Legal Advice Centre

Questioner

Last Friday (21-11) I bought a car privately. That same evening I already had regular problems starting the car. Saturday 22-11 (even less than 24 hours after purchase) the car stopped while driving. After investigation at a garage it appears that the distribution belt is broken and probably valves in the engine, which could cost me around 1000 euros. For the car itself I paid 1100 euros (after discount, because new tires had to be put on), so I do not intend to pay 1000 euros in repair costs. Is there anything else I can do via the seller? Do I still have rights in this, or obligations? Afterwards I heard that the man had only had the car since August, which I think is quite soon to sell a car, so I suspect he must have known a bit more. I'd like to hear from you, thanks in advance.

Lawyer

As a buyer, you have a duty to investigate and the seller has a duty to inform. In general, the older and cheaper the car, the more research can be expected of you. In my opinion, there are serious defects in the car that endanger road safety. The point is that the car meets your reasonable expectations. This is the case if the car has defects that you should not expect given the year of manufacture, price and mileage. You can hold the seller liable for this by initially sending him a registered letter in which you request repair or replacement of the car within a reasonable period.

Questioner

During the test drive we took the car to a garage of an acquaintance, who checked it. At that time there seemed to be nothing wrong, but of course this is not visible from the outside. I am now trying to find out from the garage where it was purchased whether the seller was aware that the timing belt was worn. Suppose the seller really didn’t know anything about this. Is there anything else I can try? Something about waiving/refunding the purchase? Or is that not possible with private purchases? Btw I think you meant: 'this is not the case....'?

Lawyer

Even if the seller knew nothing about this, the fact remains that he sold you a defective and dangerous product that does not meet reasonable expectations. You can still address him about this and perhaps try to come to an agreement first and if he continues to refuse, cancel the purchase or demand a price reduction.

Lawyer

Even if the seller knew nothing about this, the fact remains that he sold you a defective and 'dangerous' product that does not meet reasonable expectations. You can still address him about this and perhaps try to come to an agreement first and if he continues to refuse, cancel the purchase or demand a price reduction.