Legal advice against a car trader

[jetpilot]

Personally i think you will struggle if you viewed the car regardless of what the receipt says sorry to say, although i am no expert on the legal implications.

[jetpilot]

I was just going to say, check to see if the engine number matches the V5, but you dont have it, buying a car and driving off without a V5 is just asking for trouble buddy!

[weskereric]

It was written GTT in the advert and finally in the receipt, he\'s a reputable car trader so I had no reason to be suspicious as there isn\'t any significative differences in the expert. I\'m a private buyer, I should not have to be aware of all the differences between a GT25 and a GTT but he has to know and has to tell me and he didn\'t do anything of that and write himself it was a GTT in the receipt...:flamed

[rx-dave]

I hope all goes well for you but as mentioned why on earth did you but without a V5? I\'m currently helping out a French mate / dealer who bought a GTR without a V5, we\'ve had to re-apply for a V5 for him as he can\'t do a thing with the car until he has this, without my help he said he\'d probably have to break it.
Hopefully all will work out for you...........who was the dealer?

[weskereric]

The car was a fresh import, the trader (jap prestige & performance) applied for the v5, he just needed few more days to receive it.

[B.Martin]

Good chance he didn\'t know the engine had been swapped either then mate.

[rx-dave]

I agree, if it\'s only just arrived the seller probably wouldn\'t have known :confused:

[jetpilot]

It was written GTT in the advert and finally in the receipt, he\'s a reputable car trader so I had no reason to be suspicious as there isn\'t any significative differences in the expert. I\'m a private buyer, I should not have to be aware of all the differences between a GT25 and a GTT but he has to know and has to tell me and he didn\'t do anything of that and write himself it was a GTT in the receipt...:flamed

Sorry buddy, i cant agree, if i am buying a car i consider it my responsibility to know EXACTLY what i am buying. In this day and age of misleading ebay adds etc i feel it all too important to know what a buyer is getting himself into, as mentioned elsewhere, maybe the trader thought it was a GTT, traders often arent enthusiasts like you or I and he "may" not have been aware himself. If you bought the car on good will of what he told you it was without viewing and turned up as it did, i think you may have a case, but the fact you have viewed the car in person means i dont think you can hold him fully responsible!

Similar story, i was looking a while back for a particular jetski, they were a ltd run racing edition, the biggest difference from the standard ski was the motor had a special exhaust. One came up on ebay advertised as said ski, but no engine pics, i asked for some, he sent them and it was standard. I politely pointed out to him it was not what he was advertising as and he emailed back saying he had bought it in good faith that it was the ltd one and was very sorry to have caused the confusion.

I know its not what you want to hear buddy, but dont think you can hold said trader 100% responsible.

I think the best thing you can hope for is the trader agrees to take it back to try and sell on your behalf.

[iaint]

No, just "Nissan Skyline GTT"
I\'ve just sent an email to trading standards, we\'ll see...

"Sold as seen" is irrelevant in the context or Trader selling to Non Trader.

[weskereric]

He\'s a japanese car importer since a long time, he has sold x0 of Skyline and still have 2 in stock, there is little chance he didn\'t know. He\'s the trader and has to know what he\'s selling and to describe fairly the car and not selling me a total different one...

[jetpilot]

He\'s a japanese car importer since a long time, he has sold x0 of Skyline and still have 2 in stock, there is little chance he didn\'t know. He\'s the trader and has to know what he\'s selling and to describe fairly the car and not selling me a total different one...

I hear your argument but dont think its that simple, you didnt notice the differences, so how is he supposed to, just because he is a trader doesnt mean he has to or does know the finer points of the jdm market differences model to model.

A simple vin check would have answered your questions and with it being so vital for you in France i would have thought this would have been the first thing you would do.

I understand your frustrations but dont think you can hold the dealer fully responsible, he is a dealer for a reason, not for the love of japanese cars or to be a font of knowledge but to make money.

You viewed the car in person, didnt check its credentials and drove away with no V5.

My advice is not to alienate the dealer with threats or demands but to explain the situation you are in and see if you can not appeal to his "hopefully" better nature and see if will re stock the car and sell on your behalf.

Good luck with working something agreeable to you both out!

[TRex]

Can\'t believe some of you on here sometimes!!!  :confused:


 If I wanted a Golf GTi and PAYED for a Golf GTi, even got a reciept for a Golf GTi .... but then the Dealer gave me a Golf LX then it is rather quite obvious who\'s wrong here... :Hammer

 Or another example, you\'re a bad boy bareback rider and never used Condoms, but your boyfriend sends you to buy Condoms at the local corner shop.... you ask for your size in extra small and payed for extra small, but the plonker behind the counter gave you Large....
  What would you do....
a/ blame everyone else
b/ wish you had a bigger member so it will fit
c/ stop being Gay

 

weskereric  Good luck with it...

[rx-dave]

Can\'t believe some of you on here sometimes!!! :confused:
 
 
If I wanted a Golf GTi and PAYED for a Golf GTi, even got a reciept for a Golf GTi .... but then the Dealer gave me a Golf LX then it is rather quite obvious who\'s wrong here... :Hammer
 
Or another example, you\'re a bad boy bareback rider and never used Condoms, but your boyfriend sends you to buy Condoms at the local corner shop.... you ask for your size in extra small and payed for extra small, but the plonker behind the counter gave you Large....
What would you do....
a/ blame everyone else
b/ wish you had a bigger member so it will fit
c/ stop being Gay
 
 
 
weskereric Good luck with it...

Quality answer!!! Love the a/b/c.........made me laugh out loud fair play!! :rollin
 
One other point, Weskereric, i thought you were a French car dealer or i have i confused you with another dealer?? If this is the case and you are a dealer i\'m afraid the only option is to move it on yourself. I\'ve made some right blunders myself over the years eg. buying an MR2 turbo with 3 Veilside wheels and a space saver that i didn\'t notice and no the 4th Veilside wheel wasn\'t in the car!!! Then it was the Toyota Soarer \'Turbo\' that turned out to be an N/A.........it happens to us all occasionally.
Dave.

[adarmo]

Technically the seller is in the wrong and you should reject the car and get your money back.

But the law is long and slow and even if you get a judgement he may not pay it.

I\'d start with a solicitors letter to demonstrate you are serious.

[iaint]

I hear your argument but dont think its that simple, you didnt notice the differences, so how is he supposed to, just because he is a trader doesnt mean he has to or does know the finer points of the jdm market differences model to model.

Actually, as a trader (as opposed to a private individual) the seller is expected to know.  The excuse of ot knowing is not defence for selling goods not as described. SoGA (Sale of Good Act) applies with no caveats.

This is unlike a private sale where you would have to prove, via a civil route, the seller deliberately misled in the sale.