THIS from the very useful citizens advice bureau site
Buying secondhand vehicles implies you may have rights
but it may be difficult to assert them.
You bought the vehicle from a private seller
You have very few legal rights if you have bought the vehicle from a private seller rather than a dealer.
The vehicle doesn't have to be of satisfactory quality. However, if the seller offers a description of the vehicle, it must match the description given. It must also be roadworthy and the seller must have 'good title' to the vehicle. This means that they must be the legal owner in order to sell it to you.
If the vehicle doesn't match the description given, you may be entitled to compensation. You may also be entitled to compensation if you have bought an unroadworthy car from a private seller, which has caused injury to someone. However, it may be especially difficult to get compensation from a private seller.
You will only be able to claim against a private seller for one of the following reasons:
* the vehicle doesn't match the description they gave you
* the seller broke a specific contract term
* the seller was actually a dealer posing as a private seller
* the seller did not have good title to the vehicle
* the vehicle is unroadworthy.
The vehicle doesn't match its description
If you can show that the vehicle did not match the description the seller gave you, you will have a claim against them, even if the seller believed the description to be true. It will strengthen your claim if you have written proof of the false description, for example, a newspaper advertisement. A false description which was only made verbally and not in writing will be much harder to prove, unless someone else was present who can act as a witness.
If the seller said something about the car which proves not to be true, for example, if they said that the vehicle had a new clutch or one owner from new, you will also have a claim against them. However, if the seller described the vehicle as in good condition, it will be more difficult to complain as the vehicle’s age, make and mileage, and the price you paid all have to be taken into account. If the seller did not say anything at all about the vehicle, you will not be able to claim against the seller.
If the seller sold you the vehicle as having an MOT certificate when it didn't really have one, you will have a claim against the seller.
If you want to take action against the seller because they gave you a false description of the vehicle or said something about it that wasn't true, you will need proof that the seller did this at the time of sale. If you have delayed for more than a few weeks or have used the vehicle a lot, this may be almost impossible to prove. An independent report may be able to establish the condition of the vehicle at the time it was sold, but this can be expensive.
If you want to complain about the vehicle not matching its description or the seller telling you something about the vehicle that isn't true, you should complain in writing to the seller. Ask them for a refund or for the cost of any repairs, depending on what you want them to do. If this does not succeed, your only other option is to take the seller to court. However, you should bear in mind that it can be especially difficult to get any compensation from a private seller.
The seller broke a specific contract term
If the seller fails to do something they specifically agreed to, for example, fix certain faults or that the vehicle would have an MOT, they will have broken their contract with you and you will have a claim against them.
If you want to complain about the seller breaking their contract, you should complain in writing to the seller. Ask them for a refund or for the cost of any repairs, depending on what you want them to do. If this does not succeed, your only other option is to take the seller to court. However, you should bear in mind that it can be especially difficult to get any compensation from a private seller.
The seller was a dealer posing as a private seller
Dealers sometimes pretend to be private sellers, by using the small ads and a private address and telephone number. It is an unfair commercial practice and a criminal offence to do this. If you suspect that the person who sold the vehicle was a dealer posing as a private seller, you should report the dealer to Consumer Direct on 0845 404 0506, or visit
it does not mean that you can cancel the sale. But it does mean that you have the same legal protection as when you buy from a dealer. You may be able to take legal action against them if there are problems with the vehicle that can't be sorted out.
The seller did not have good title to the vehicle
In some cases, you might find that the seller did not have good title to the vehicle. This means that they are not the real legal owner of the vehicle and so were not entitled to sell it. This might be because:
* the vehicle is still on a hire purchase, conditional sale, leasing agreement or is subject to a logbook loan and is therefore owned by the finance company
* the vehicle has been stolen from it's rightful owner.
The vehicle is unroadworthy
If the vehicle is unroadworthy, the seller may have committed a criminal offence and you should report them to Consumer Direct on 0845 404 0506 or at: [url=http://www.consumerdirect.gov.uk]
Fraud in private sales
Most methods of payment in a private sale put the seller at risk of fraud or theft. Keeping the registration certificate (logbook) until a cheque has cleared does not provide any security for the seller, because the logbook is not proof of ownership. To be sure of payment, the seller can ask for cash or they can contact their bank or building society to discuss ways of payment which guarantee the money.
If the seller insists on holding on to the vehicle until a cheque has cleared, you should get a receipt which gives details of the vehicle and the name and address of the seller.
HOPE THIS HELPS A BIT?
Not sure what rights you have since it was a private sale.
