Second-Hand Cars - Common Questions

Misleading description of a second hand car:


I bought a second hand car from a private seller who advertised in the local paper. He said that the car was in excellent condition and had been serviced regularly but a week after I bought it, it broke down and now needs expensive repairs. What can I do?


Since it is clearly not true that the car was in ‘excellent condition’, you have two possible claims against the seller: ‘breach of description’ and ‘misrepresentation’. In either you can reject the car and get your money back, or keep it and ask for compensation (usually the cost of repairs).


Contact the seller, explaining what happened, and what you want done. If they refuse to do what you ask, you will have to take them to small claims court. However, you must have the seller’s address to be able to do this.


Repairs needed soon after buying
I bought a second hand car from a private seller and it needed new brakes two weeks later. Shouldn’t the seller have told me that the brakes needed replacing? And can I claim against the seller for repairs?


No. Unless the seller specifically told you that the car was in good condition, you don’t have a claim against him.


By law the car only has to meet the description that the seller gave you, and you don’t have a right to claim just because it needs repairs. There is no obligation that a seller must reveal everything about the second hand car – only that what they do tell you is true.


The car had been stolen:


Last year I bought a second hand car from a private seller. The police have just told me that it was stolen before I bought it. Now the original owner wants it back. What are my rights?


You will probably have to give the car back. The original owner from whom the car was stolen has the right to ask for the car back. If you refuse, they could take you to small claims court and the court might order you to pay the full cost of the car to the owner or give the car back.


You would have to go to court to recover the full price of the car from the person that sold it to you. And, in the case of a private seller, this might be easier said than done, because, even if the court found in your favour, you may have to take further steps to get them to pay up.