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Anon

I purchased a car recently and during the initial inspection I took a mechanic friend with me to test drive the car and to check the body for rust and to asked the seller specific questions such as;

"is there anything I should know about the car"?
"is there anything else wrong with it"?

I was told things that were wrong such as broken aerial but nothing major so I decided to purchase.

On the drive home all was well, nothing out of the ordinary. On starting the engine the next morning and while it was warming up there was a horrid rattle / knocking noise but as the car warmed up it disappeared.

I txt the seller asking what was up with the noise and he informed me "oh yeah the car does that when it's cold, it's to do with a belt or something"

My concern is the seller knew the car had this problem and never told me.

I very much want to keep the car as I am happy with it in every other aspect but think it is unfair to pay for repairs for an issue the owner knew existed but never let on.

Are there any legal grounds on which I could get the seller to pay for the repairs?

If not can I ask for my money back?

Haley

From the "Ask Jack" archives - 18 December 2009

jbiddle

When you buy a car privately it is very much buyer beware. The only legal requirement is for the seller to ensure the car has a new Warrant of Fitness (not more than one month old). Even then they can avoid doing this by getting the seller to accept (in writing usually) the car with a current WoF only.

The seller could argue they are not a mechanic and yes it made a noise but thought nothing of it.

They could also argue you had the opportunity to have the vehicle inspected which they did not object to.

Sorry Haley, unless the seller offers to help out with the repair costs (as a gesture of goodwill) then you now own the problem.

Knocking noises are usually expensive to fix so I would be getting it checked out ASAP.

If the previous owner mentioned a belt it could be an air-conditioning problem. Compressor belts can make a very audible noise when cold, but it is not overly expensive to retention or at worse fit a new belt.

Try switching the air-conditioning off and see if the noise disappears.