Oil Light flashed on - bought car yesterday from dealer!

[MikeM1986a]

That's true, it had it's service 6k miles ago, prior to me buying, so id assume that all would have been okay at that point, and it's MOT in April.

 

I don't know tbh, I'm gonna try the oil and run into the garage tomorrow and see if they can advise also. I've initially tested the water with the dealer and said that it could indicate a serious underlying issue to which he's just replied, it shouldn't be as the engine running perfectly fine.

 

I'll see what the garage says and will use that as a gauge of what action to take with the dealer.

 

Have a sneaking suspicion he's going to try and say he sold it to me privately though based on the paperwork given.

[ZMANALEX]

What Chris has said ^^^

 

As regards what I would do, I would return the car for a full refund.

 

But this may be easier said than done after reading the terms of the transaction.

 

Was this a private purchase or a garage "trade purchase" ?

 

How did you pay for the car ?

 

I would take legal advice and then make an informed decision.

 

IMHO topping up the oil will only disguise the issue.

[Flex]

I checked the oil and it actually looked like there was almost nothing in it,

 

As in my previous post, the damage will be done, although it may not show at present, but will probably raise its ugly head in 1 week, 1 month or even 1 year, when you will probably have to stick in a second hand engine at a cost of circa £2000.00.

 

Just making you aware of the potential costs as I do not think that you are grasping the seriousness of the situation.

 

Alex, can you recommend who he needs to consult and what engine checks need to be done.

 

Once he has this info he has been given every opportunity to get it fully checked out.

 

OP, I'd then go to citizens advice for the legal side of it.

[Tricky-Ricky]

Yes unfortunately I would also take it back, OK the sensor could be faulty, but the fact that it was only showing a maximum of 40PSI when driving is to me a sign that there is already wear in the engine, IE too much clearance in the shell bearings (if the reading is accurate)

The fact that you have found the the oil level was very low and the gauge indicated no pressure would I'm afraid mean that damage has already gotten worse, sorry fella but your looking at trouble if you keep it.

[ZMANALEX]

Not a lot of checks can be done without stripping the motor and checking the bearings etc. which is not cost effective or practical at this stage.

 

My comments are based upon what potential damage may have been done by running the engine with very little oil in it.

 

If I went to view a 350Z and I found that the oil was off the dip stick or the oil light came on when cornering or braking, I would walk and keep walking.

 

There are plenty proper cars out there so why buy a potential pup.

 

99% of VQ35DE motor failures are due to lack of oil.

 

However the car has been bought, so that now has to be dealt with and if that means rejecting the car or filling it with oil and keeping your fingers and toes crossed then so be it.

[newkid]

I would certainly try to get a refund. There are far too many nice zeds about to stick with one that could be dodgy. If you do decide to send it back do post up the reg with a possible warning to alert any members before they buy, as by the sounds of it ...if you manage to get a refund the dealer will prob just stick oil in it and re-sell.

[MikeM1986a]

I paid via a bacs transfer, immediate payment there and then, so not sure if I can retrieve that money if I wished.

 

He had said specifically in a text it's a trade sale, which I stil have, and told me it's covered under a basic warranty that covers the engine, gearbox etc. and also now have a copy of the advert from autotrader to confirm it was a trade advert.

 

I'll use what you've said and see if my garage advises similar also tomorrow and then will go back and ask for my refund then.

[coldel]

Did you pay trade cash for this car? I would be doing whatever I could to get it back in his hands, you dont buy a car to have to then spend money with reports, fixes and an ongoing nagging worry that your engine could pop at any time.

[Ekona]

Unless you're in the trade i.e. a mechanic, a garage, a test driver etc, then this is not a 'trade sale'. It's an erroneous term used by people who have no idea what they're talking about when selling a car.

[MikeM1986a]

I thought that a trade advert on autotrader is that you're buying from a dealer, whereas private sale is just buying privately.... He had stated he was an independent dealer but I just don't know. May speak to him today to test his resolve and see what he says.

[Ekona]

'Trade sale' and 'trade advert' are very different things.

 

AT use trade advert to differentiate from a private sale. That's all. I think there may be some confusion here, and perhaps the guy didn't actually say trade sale at all. Did he?

[MikeM1986a]

My exact words were: "Just to clarify are you selling the car to me as a private sale or as a dealer, it was posted as trade sale on autotrader but wasn't sure.." To which he replied: "Trade. we will send the logbook on your behalf."

 

I've just text him now to say I think I want my money back because it's going to be a huge mess about and there are unknown costs and damages because of the no oil issue, to which he's replied that he would refund because the car was in perfect working order when sold.

[Ekona]

Well, that's twice I've been wrong in a week. I didn't think he'd budge on that one quite so easily.

[coldel]

Wow...seemed to roll over all too easily.

 

Keep an eye on the classifieds though...

[ZMANALEX]

My exact words were: "Just to clarify are you selling the car to me as a private sale or as a dealer, it was posted as trade sale on autotrader but wasn't sure.." To which he replied: "Trade. we will send the logbook on your behalf."

 

I've just text him now to say I think I want my money back because it's going to be a huge mess about and there are unknown costs and damages because of the no oil issue, to which he's replied that he would refund because the car was in perfect working order when sold.

 

Perhaps he reads this forum:

 

Sounds like a result.

 

Let us all know when the repayment hits your account.

Edited November 3, 2014 by ZMANALEX

[newkid]

He would refund because the car was in perfect order when sold ? That makes no sense. Sounds like he ment to say "wouldnt" not would.

Hopefully im wrong though. Good luck hope to see your new car thread soon

Edited November 3, 2014 by newkid

[comrade]

It seems that there is some confusion about the law here. It does not matter the slightest what the guy said about it being the trade sale. Equally it does not matter whether he is a limited company, sole trader or of just some random guy. What matters is that the seller has sold the car for a business purpose and the buyer bought it as a consumer. It that case the buyer has the full protection of the Sale of Goods Act 1979.

[MikeM1986a]

Apologies crucial typo there - he's replied he WONT refund because the car was in perfect working order when purchased. He's since said maybe I've driven it too hard to damage it.

[coldel]

It seems that there is some confusion about the law here. It does not matter the slightest what the guy said about it being the trade sale. Equally it does not matter whether he is a limited company, sole trader or of just some random guy. What matters is that the seller has sold the car for a business purpose and the buyer bought it as a consumer. It that case the buyer has the full protection of the Sale of Goods Act 1979.

 

Im not sure it applies to 'random guy' though - I dont know without looking but pretty sure this act covers a transaction between a registered retailer/trader and a consumer - which is why the responses were trying to find out if the guy sold it from his business or as a private sale dressed up in a non legally binding way as a trade sale.

[coldel]

Apologies crucial typo there - he's replied he WONT refund because the car was in perfect working order when purchased. He's since said maybe I've driven it too hard to damage it.

 

You cannot empty the car of oil driving it hard overnight, do you have any evidence of mileage since driving it from the sale? I would start collecting the evidence mate and get some consumer advice and the receipt of sale checked out.

[Ekona]

Okay, that makes more sense.

 

Sadly, at this point he's right. He does not have to refund you. At this point though, we need more info.

 

 

1. Where did you buy the car from? As in physical location.

2. What checks did you do before purchasing?

3. What are the exact terms of the warranty. Post the document if possible.

[comrade]

Im not sure it applies to 'random guy' though - I dont know without looking but pretty sure this act covers a transaction between a registered retailer/trader and a consumer - which is why the responses were trying to find out if the guy sold it from his business or as a private sale dressed up in a non legally binding way as a trade sale.

This is incorrect. SGA1979 s14(2): "Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality"."In the course of a business" was defined in the following cases: R&B v UDT [1988] 1 WLR 321, Stevenson v Rogers [1999] 2 WLR 1064, Feldarol Foundry v Hermes Leasing [2004] EWCA Civ 747. Registration and other formalities have no relevance to the issue whatsoever. Even if you buy and sell 2-3 cars a year on ebay in your spare time as a way of making some extra cash, your sales are subject to the implied conditions in SGA1979 because you are dealing in the course of a business.

 

Apologies crucial typo there - he's replied he WONT refund because the car was in perfect working order when purchased. He's since said maybe I've driven it too hard to damage it.

Well that was expected. Unfortunately you cannot do anything about it without evidence of an actual fault. The good thing is that if the fault appears in the first 6 months the seller has to prove that it was not there at the point of sale, which in your case would be pretty much impossible. So, effectively, you got a 6 month "guarantee" on that.

[Tricky-Ricky]

I though even a private sale of a SH vehicle still had to be fit for purpose? although I think your now going to have to resort to having it examined by a qualified technician in order to prove this.

Did you sign anything stating that you bought having tested and approved..

[MikeM1986a]

Spoke to the dealer, incredibly rude from the off - said he'd rather go to court than buy it back.

 

He's said put oil in the car and see how it goes and let him know if any issues. If needed then I'll have to come back up to him to get a garage he knows to check it, because he wouldn't trust someone from me - I'd probably rather get an independent RAC person to do it instead if it reaches that point.

 

I said that, as a hypothetical, if the mechanic, whoever that may be, comes back and does say it's an underlying issue with the engine would he refund it, to which he said he'd rather get it repaired which he's in his right to do - and rightly so, albeit imagine it would be quite a hefty cost.

[MikeM1986a]

Yes I did, it sold said as tested. Also there's no paperwork referring to the guarantee, but regardless if it's seen as a sale from a dealer then, whether there's paperwork or not, they have to offer a standard warranty as per trading standards regs.