Legal assistance with second-hand car problems

Questioner

Hello, I bought a second hand car from a private person 3 months ago, this car started to show more and more defects. I had the car checked at a garage and now it appears that there is more damage to the car than it is worth. My question now is whether I can go back to the sales and what are my rights?

Lawyer

Dear questioner, a number of things that may be important here: 1. What is the age of the car and mileage? 2. How much did you pay for the car? 3. What is the exact damage and what is the amount? 4. What have the parties discussed in advance about this, what has been communicated by the seller and what has been noted or requested by the buyer? Yours sincerely, Mr. J. Wassink

Questioner

1.It is an old car from 1994 and has more than 300,000 km on the odometer. 2.I paid €3150.00 for the car 3. the damage: engine is broken and needs to be replaced, diesel leaks at the engine, left drive shaft boot sealed and leaking, left rear spring broken, holes in right rear wheel arch, play in steering column at the bottom of the steering wheel, left front sill rusted through, battery is weak and brakes are worn. the costs at a professional garage are at least €3500.00. 4. I did sign a purchase contract, furthermore there were verbal agreements. I did specifically ask if the car was in good condition and would last at least 2 years because I don't know anything about cars. I also asked if I could come back to him if there were any defects within 3 to 4 months. Then I got the response that that was allowed and that we could then look for a solution together. Now that I have gone back I get the response that he does not give a guarantee.

Lawyer

Dear questioner, The starting point is as follows: You may expect a well-functioning product. When buying second-hand cars, this is compromised, because less may be expected of them. As a buyer, you could and should have noticed a number of the damages you mentioned before purchasing. A purchase inspection would also have been reasonable given the age and mileage. Was the car MOT-inspected? By the way, I think it's a fair price for a car of this age, mileage and visible defects. Of course I don't know the brand, maybe that has something to do with it. You asked about the defects (will the car last two years), but of course you have a problem with proof here... Finally, the advice: I would write to the seller with legal assistance and annul or dissolve the purchase. Perhaps the seller will then change his mind. In my opinion, it goes too far to leave the entire damage with you as the buyer, although I do believe that part of the damage should be at your expense... Despite the somewhat critical tone, I hope I have given you some clarity in legal terms that you can use. yours sincerely, Mr. J. Wassink