need advise about car buying fraud

[ravian225]

Hello,

I bought a car from nettiauto. I asked from the seller that if there is something major repair in the car but he said every thing is fine, only mention some small things. i bought car in first week of december, get it serviced in second week and by 20th december, the car was not starting and i took it to the reapir shop. they told that car engine has major issues and it cost more that the car itself to get it repair.

just before christmass i contacted the seller and asked him that he hide these things from me so i want my money back and take your car. He is not responding me well.

My question is:

Is there any legal right i have (police or other ) where i can go and submit complain about it.

i have all the records of our chatting as it was on whatsapp. also i have paid via bank so prove of payment is there as well.

kindly suggest.

[betelgeuse]

Is there any legal right i have (police or other ) where i can go and submit complain about it.

http://www.kkv.fi/en/facts-and-advice/d ... -used-car/

"If a used car is bought from a private individual, it is not the Consumer Protection Act but the Sale of Goods Act that applies. Provisions on defects are largely similar in both acts. In this case, the buyer of the car cannot seek assistance from consumer advisors or refer the case to the Consumer Disputes Board. If there are defects, the buyer should complain to the seller first. If this is unsuccessful, the matter can be referred to a district court."

[tuttu]

^ yep, my gut feeling told me the same.

i think legally you're right, but you have to act yourself.
and quickly.

maybe, just maybe, it is possible to get legal advice: http://oikeus.fi/oikeusapu/helsinginoik ... index.html

[Marsh04]

How much did you pay for the car?

Most probably it's just an expensive lesson for you. It won't be easy to prove that defects existed when you bought the car and additionally the seller was fully aware of them when he sold the car to you.

As you could also drive many days without a problem so may be the seller never realised there was any problem.

[betelgeuse]

It won't be easy to prove that defects existed when you bought the car and additionally the seller was fully aware of them when he sold the car to you.

As you could also drive many days without a problem so may be the seller never realised there was any problem.

It is not an absolute requirement that the seller was aware of the defect:

"The seller company is responsible for faults that were present in the car at the time it was transferred to the new owner, even if the fault only appears later."

[Upphew]

It won't be easy to prove that defects existed when you bought the car and additionally the seller was fully aware of them when he sold the car to you.

As you could also drive many days without a problem so may be the seller never realised there was any problem.

It is not an absolute requirement that the seller was aware of the defect:

"The seller company is responsible for faults that were present in the car at the time it was transferred to the new owner, even if the fault only appears later."

Was the seller company?

[Kössi K]

Yep, it is a sad truth that sometimes you just lose money in old car deals. Especially if it was working ok for a few weeks, it will be difficult to prove that the previous owner knew anything about the faults - or that he would admit it. Just like Marsh and others above said.
Also, people selling/buying nettiauto or other sites often use a general printable purchase form, where it states in small print that the car is sold "as is", the buyer has had a chance to check the car out before buying it, and the buyer may have signed it when buying the car. This will also make it more difficult to prove that there were any faults at the time of the sale and/or the seller would've known of. It's always a risk. Sometimes you win, sometimes you lose.

As for oikeusaputoimisto's help; first you need to prove them that you are a low-income household (bank statements, payment slips, etc.), that they'd provide you legal aid free or even for a small fee, all depening on your monthly income. Also, in most towns, e.g. Tampere, the queues are long, anywhere from weeks to months, to even get a first appointment with anyone there. Many times they only provide verbal or written help, usually won't type up any papers for you, nor assist you to get into court for small claims like these - I'm assuming you didn't buy a Lambo. They will provide some guidance but often suggest not trying to court road for small claims but rather suggest you trying to 'sort it out' or mediate, which in cases like these won't help if the seller is not agreeing with you at all.

[betelgeuse]

It is not an absolute requirement that the seller was aware of the defect:

"The seller company is responsible for faults that were present in the car at the time it was transferred to the new owner, even if the fault only appears later."

Was the seller company?

The sentence applies to private sellers as well.

http://www.finlex.fi/fi/laki/ajantasa/1987/19870355#L6

[tuttu]

of course it depends on the price paid if the whole thing is really worth bringing to court.

but, if the original poster indeed brought the car to a repair shop, who said it has "major issues" (and i'm assuming here that "major issues" means that it is obvious to a professional that these were present for more than a few weeks) - and can call that as a witness - then, i'd say, his/her chances are quite good.

[Upphew]

of course it depends on the price paid if the whole thing is really worth bringing to court.

but, if the original poster indeed brought the car to a repair shop, who said it has "major issues" (and i'm assuming here that "major issues" means that it is obvious to a professional that these were present for more than a few weeks) - and can call that as a witness - then, i'd say, his/her chances are quite good.

The witness might use other words unless compensated properly. Expert witnesses get paid expert prices in Finland too.

[Upphew]

It is not an absolute requirement that the seller was aware of the defect:

"The seller company is responsible for faults that were present in the car at the time it was transferred to the new owner, even if the fault only appears later."

Was the seller company?

The sentence applies to private sellers as well.

http://www.finlex.fi/fi/laki/ajantasa/1987/19870355#L6

True dat.