70 replies to this topic

[zebidee]

With Dan here, surely you must still have some form of comeback at the seller; though he did state it was not for road use currently, he always stated it was structurally solid which it clearly isn't! Even if the shell hasn't become distorted, its still going to need a fair bit of work to get it sorted out to be structurally safe. Were the pictures of the rear on the auction, and did he state "sold as seen" or anything similar? I would email ebay and see at least!

[Wil_h]

If you buy a car from private seller, they have no responsibility if the car is not roadworthy; it's the buyers responsibility. Only a trader has to sell a car that is safe. S you have no chance of getting your money back.

This is not true. All items offered for sale either commercially or privately, new or second hand must be fit for purpose under the terms of the sale of goods act. This car has been described as structurally safe, which it is not and as such it is not fit for purpose. If it had been advertised as scrap or a breaker that would be different.

Can you show me where this is written? The sale of goods act only applies to businesses. Jo Bloggs selling a car can not be expected to know whether it's fit for purpose or not. You could use the sale of goods act against a private seller, but it's very unlikely youd get anywhere.

Edited by Wil_h, 17 March 2009 - 07:01 PM.

[huntface]

If you buy a car from private seller, they have no responsibility if the car is not roadworthy; it's the buyers responsibility. Only a trader has to sell a car that is safe. S you have no chance of getting your money back.

This is not true. All items offered for sale either commercially or privately, new or second hand must be fit for purpose under the terms of the sale of goods act. This car has been described as structurally safe, which it is not and as such it is not fit for purpose. If it had been advertised as scrap or a breaker that would be different.

Can you show me where this is written? The sale of goods act only applies to businesses. Jo Bloggs selling a car can not be expected to know whether it's fit for purpose or not. You could use the sale of goods act against a private seller, but it's very unlikely youd get anywhere.

Sale of Goods Act 1979 s2

[ANON]

just get some panels welded in and 99.9% chance it will be fine.

mountain/mole hill springs to mind

[Wil_h]

If you buy a car from private seller, they have no responsibility if the car is not roadworthy; it's the buyers responsibility. Only a trader has to sell a car that is safe. S you have no chance of getting your money back.

This is not true. All items offered for sale either commercially or privately, new or second hand must be fit for purpose under the terms of the sale of goods act. This car has been described as structurally safe, which it is not and as such it is not fit for purpose. If it had been advertised as scrap or a breaker that would be different.

Can you show me where this is written? The sale of goods act only applies to businesses. Jo Bloggs selling a car can not be expected to know whether it's fit for purpose or not. You could use the sale of goods act against a private seller, but it's very unlikely youd get anywhere.

Sale of Goods Act 1979 s2

Yes I have read the sale of goods act, but the important fact is who it applies to. It is explicit that it only applies to businesses. Sadly this is not clear in the bulk of the document.

[huntface]

If you buy a car from private seller, they have no responsibility if the car is not roadworthy; it's the buyers responsibility. Only a trader has to sell a car that is safe. S you have no chance of getting your money back.

This is not true. All items offered for sale either commercially or privately, new or second hand must be fit for purpose under the terms of the sale of goods act. This car has been described as structurally safe, which it is not and as such it is not fit for purpose. If it had been advertised as scrap or a breaker that would be different.

Can you show me where this is written? The sale of goods act only applies to businesses. Jo Bloggs selling a car can not be expected to know whether it's fit for purpose or not. You could use the sale of goods act against a private seller, but it's very unlikely youd get anywhere.

Sale of Goods Act 1979 s2

Yes I have read the sale of goods act, but the important fact is who it applies to. It is explicit that it only applies to businesses. Sadly this is not clear in the bulk of the document.

Err...no its applies to second hand goods as well. Trust me its my business.

I don't like getting into these things, but Wil, only certain sections are excluded for contracts done in the course of business. Section 14 fitness for purpose is one.

However in this case I would suggest that the this is not a section 14 case but a section 13, item not meeting description.

I would go further that to insist that payment be made by paypal because its "easier", (easier than cash on collection?) was a deliberate method to secure funds for a vehicle that would have been rejected on inspection.

Edited by huntface, 17 March 2009 - 09:47 PM.

[Wil_h]

I think we are talking about slightly different things. Paypal and an auction and the fat that it was paid for without an inspection is confusing matters. And to that end it could possibly be rejected as it was not as described, but at some point it was mentiond that it was not for the road iirc, so no chance really.

But generally, if you buy a car (or anything) from a private seller and you inspect it, and pay them the money, sale of goods act does not apply. It does offer some cover to sales through such things as ebay to some extent.

Edited by Wil_h, 18 March 2009 - 08:16 AM.

[huntface]

I think we are talking about slightly different things. Paypal and an auction and the fat that it was paid for without an inspection is confusing matters. And to that end it could possibly be rejected as it was not as described, but at some point it was mentiond that it was not for the road iirc, so no chance really.

But generally, if you buy a car (or anything) from a private seller and you inspect it, and pay them the money, sale of goods act does not apply. It does offer some cover to sales through such things as ebay to some extent.

That is right, but this being a sale by description, it would apply.

In any event I think it would be a waste of time pursuing it, so we're agreed there!

[Wil_h]

Phew!

[huntface]

[MiniJimNI]

I cant belive this section has sparked so much chat!!! Thanks for all your advice guys i have found myself a welder close by and he will come round to inspect as soon as and we can go from there!!! I think a rear roll cage could sort problem or would i need to fit in a full supporting roll cage plus a pannel to seperate the fuel tank and passengers??? This has become wuite a saga already altho i will keep the car and roll cage probably as i dont need rear anywya was just going to be for some sounds etc! I will post the rest of the motor up in project pages and keep everyone infomred of whats going on!!! Keep me posted with tips and ideas be greatly appriaicted to try and turn this mess into a lust looking mini once again!!!

[kez_19]

as it is stated that you need to fit a plate to separate the fuel tank from the passengers why not look in any local scrap yards or on here in the sales section for a scrap donor car and cut out the piece for the seat back and parcel shelf you can always add a roll cage just to be sure but at least you get the car looking normal for any possible resale problems that you might have

michael

[MiniJimNI]

what do people think of this roll cage to put in my mini for support???

http://www.scottishm...read.php?t=7350

[luke6040]

what do people think of this roll cage to put in my mini for support???

http://www.scottishm...read.php?t=7350

Might be a silly question but how do u get that in the mini?

[SolarB]

I thought the fuel tank needed to be separate from the passengers for road use.
(And wouldn't you want this even if it didn't??)

Maybe on newer cars but certainly not on our Minis.
There's very little between you and a firey death.