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i bought a car from a private owner and it gave trouble within

 
Dublin Barrister's Avatar
  • Answered by:Dublin Barrister
  • Barrister
  • Positive Feedback: 96.6 %
  • Accepted Answers: 144
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in Republic of Ireland Law

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Customer Question

i bought a car from a private owner and it gave trouble within 3 hours of buying it.
i paid with cash and dont have a receipt . is there any thing i can do ? thanks
margaret cawley

 



Already Tried:
Phoning the person who sold it who is having nothing to do with me, says it was perfect when he sold it to me

Submitted: 333 days and 2 hours ago.
Category: Republic of Ireland Law
Value: 25 €
Status: CLOSED
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Expert:  Fran-mod replied 332 days and 10 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied 332 days and 1 hours ago.

Yes i am still waiting for an answer

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Expert:  Fran-mod replied 332 days ago.

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

Accepted Answer

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Expert:  Dublin Barrister replied 332 days ago.

Unfortunately, with a private seller, it is a case of caveat emptor (buyer beware!). The Sale of Goods and Supply of Services Act, which contains guarantees of fitness for purpose and goods being of a merchantable quality, only applies to persons selling in the course of business... e.g. motor dealers.

If the person who sold you the car made statements about the car which turned out to be false, then that would provide grounds for you to seek rescission of the contract (i.e. you get your money back and the seller gets the car back), unless you had these statements in writing, you would have a difficult time to prove that the statements (i) were made and (ii) that they formed part of the contract.

I know that this will be disappointing for you to hear, but unfortunately that is the legal position with private contracts of sale.

Please click 'Accept' to confirm that your question has been answered. I will then remain available to answer any related follow up questions which you may have or to provide clarification on anything in this answer if you require it.

Expert TypeBarrister
Category: Republic of Ireland Law
Pos. Feedback: 96.6 %
Accepts: 144
Answered: 5/15/2012

Experience: BCL, LL.M, Barrister-at-Law

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