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Post-delivery discover engine duff any recourse? - Jj1974

So long story short- I saw on ebay a classic car that was described being in great condition, running well, and would need very little tlc.

It was a long way from home, so after a couple of calls and discussions with the private (but I think does sell a few motors here and there) seller I decided to risk it. We agreed he would deliver the car to me, which he did (albeit several hours later than planned so it was dark by the time he arrived).

Anyway, it started fine, we drove it off the truck and parked it up in my street- it ran fine for a few minutes with no obvious problem. We sorted the V5, although in the rush no receipt was handed over (with the usual "sold as seen" etc. on)

The next day I decide before using it, it'll probably want a service and good look over. I pull out the dipstick to find it way above max with creamy fluid. The expansion tank was bone dry. Assuming I've been sold something with a busted head gasket, I put it down to bad experience and a week later get the head off, to find that one of the cylinder bores is pitted (along with the valve) and it essentially needs a new engine. The damage is such that it wouldn't have been possible to occur in the short few minutes we ran it for.

I've contacted the seller to propose that the engine was broken from delivery (my mate who helped get the head off was rather surprised how easily the bolts undid) and that I'd like him to contribute to some of the cost, and of course he has told me to "go away"...

So the question is, do I have any recourse here for a small claims based on the advert being misleading? Or is the law simple enough that once it's mine, it's my problem and I just need to chalk it down to being stupid?

Post-delivery discover engine duff any recourse? - skidpan

Lets think about it.

Its an old car and its off ebay. If it was truly a classic in good condition that is the last place he would have sold it.

Post-delivery discover engine duff any recourse? - FP

Skidpan does have a way with words - but in essence he's right.

You took a gamble. It's a classic car - you don't say how old, but presumably old enough to be knackered unless someone has restored it. So unless you had test-driven it, you would have no independent knowledge of its condition. And you made it difficult for yourself by buying a car situated a long way from home.

"...great condition, running well, and would need very little tlc." is sufficiently vague to be worthless - you couldn't base legal action on that. And a private sale, in law, offers you next to no come-back. You would have to prove the car was falsely advertised - and, as said, the wording is too vague.

Just a thought - does it really need a new engine? Can't the existing one be re-built? (Re-bore, oversize pistons, head skimmed etc.? people do this sort of thing with classic cars all the time.

You didn't get a receipt? It may not matter in this case, but could I tactfully suggest that if you do this again, you think your way through it very carefully and perhaps write out a must-do list.

Post-delivery discover engine duff any recourse? - SLO76
You bought an old car unseen off eBay and it turned out to be a pup. Sorry but you made a mistake and you got bitten, there’s no comeback here. If anything it’s just a lesson in life.