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I bought a classic car privately but after just 125 miles it suffered catastrophic engine failure - what are my rights?

I bought a 1976 Triumph Stag with a Rover V8 from a private seller in October. Just 125 miles and 72 hours after leaving the seller, it suffered catastrophic engine failure. The engine needs replacing. I have contacted the seller about a partial but fair refund given the wording of the advert (no expense spared, reliable, etc) however he is not coughing up. What are my chances at the Small Claims Court?

Asked on 27 November 2018 by CHARLES RUSSELL-PAVIER

Answered by Keith Moody
When you buy a car privately, you have fewer rights and parts of the Consumer Rights Acts don't apply. For example, there is no legal requirement for a car to be of satisfactory quality or fit for purpose. But contractual rules about misrepresentation do apply, so the seller must accurately describe the car and not misrepresent it (i.e. he must not lie to you about its history and its reliability etc). The onus is on you as a buyer to ask the questions and inspect the car before the purchase. The seller doesn't have to volunteer additional info so if you don't ask lots of questions you may not get the full story. Whether or not you stand a good chance at small claims depends on whether or not you can prove the was misrepresented and/or the seller lied to you when answering your questions.
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