Log Book Signing

[jadesdaddy]

Hi guys,

 

hope someone might be able to point me in the right direction here.

 

OK here goes, long story short. I recently bought a car off e-bay, I paid for it by Paypal and as far as I was concerned had entered a legally binding contract with the seller. I collected the car, and had a friend follow me home, it soon became apparent that there were problems with the rear lights, although I knew that the car needed some attention, this was not mentioned in the listing.

 

I took the car to a local garage to have the repairs that I knew needed doing carried out, which was the replacement of two front wishbones and the handbrake needed an adjustment (as ststed in the e-bay listing) Imagine my horror when the garage called me to tell me the extent of the work that really needed doing: 2 front wishbones, handbrake adjustment, replace a spring (which had according to the mechanic clearly been broken for a long time) a new heater control valve (heater not working and not recorded in listing), 3 new tyres! (spare was bald one front one bald, and a front tyre of the wrong size) two rear axel bushes and two droplinks needed to be replaced, new rocker cover gasket (engine covered in oil) and electrical work.

 

The vendor refuses to recompense me for any of the work and claims that I spent over half an hour making a thourough check of the car. The truth is (to my shame) that I took the key and drove the car away. Fortunately I have 2 adult witnesses to this. I sincerly belived that I had no reason to go over the car with a fine tooth comb......I had entered into a contract and fufilled my part by paying for the car. This is now being investigated by Paypal.

 

The question that really brings me here is this: Can a person, who is NOT the registered owner and keeper of the car sign the log book authorising transfer? I personally would belive this to be fraud.

 

The reason that I ask is that during doing the paperwork, I noticed that the car was registered to a female...yet it was a guy that signed. I was going to mention this at the time but was distracted by something else.

 

Any help would be appreciated.

[borisbeaver]

I'm sorry to say, that private vehicle sales are a law unto their own selves.

 

Cars are usually sold as seen and you do not have much in the way of legal redress.

 

You could try to sue the vendor for compensation, but this would be difficult to prove.

 

It's quite possible that the vendor did not know about the other faults. Improbable, but possible.

[jadesdaddy]

thanks for the response boris, did I mention that the seller offered to do all the repairs himself................. after I had paid for them to be done! He then offered a refund but didnt want to include the money I had spent having the car repaired. So not knowing would be a bit of a lame excuse if he is that good a mechanic. Anyway who, cant spot a bald tyre, or fail to notice that they put one the car that is the wrong size!! Ho hum small claims here I come

[patdavies]

tAnyway who, cant spot a bald tyre, or fail to notice that they put one the car that is the wrong size!!

 

You, apparently.

[blacksheep1979]

In all honesty the guy may not have known about some of the other faults and the onus of proof would be on you to prove that he did. By decalring some fairly large faults he will have shown himself to be partly honest and therefore it will be an uphill struggle to prove anythign else.

[rosiecotton]

If it's a private seller, then you have no claim under the Sale of Goods Act for the quality of the car. It's caveat emptor, or "buyer beware". You can only claim for any clear misdescription that the seller may have made.

 

In addition, even if he were in trade, the SoGA says that you need to give the trader a reasonable opportunity to put the faults right - you have not done this, and I have seen good, solid cases thrown out of court just on this point alone.

 

 

In my opinion you won't stand a chance in court, sorry about that.