Vehicle purchase not as described?

Ian M in France said:

Do not think there is a time limit but it would be down to a judge do decide if you have a claim

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What is a **** in France is that if you win your case the opposition doesn't have to pick up your legal bill, otherwise we'd be down their throats with it like a shot!!
We have some English neighbours who got sick of people walking and trail bikeing right outside their front door on their way past their house. When challenged they said it was a right of way. (Their house is a former farm building no where near the road you could drive on. )
They took it up with the notaire who did their house purchase and he confirmed that no, there was no right of way.
But people had been using it for so long they were convinced they were correct and it was even on the maps.
So they took it to court, won their case but it cost them €10k to prove it. Money they never saw again.
Me and another mate said to them, "Just gate it off and wait for them to take it to court." but they didn't have the bottle.
Weird or what!!

300bhp/ton said:

I wouldn't consider the cooling system part of the engine at all in regards to the statement the engine is fine. Anyone with an ounce of common sense would be thinking about starting/running, does it smoke or knock, does it misfire or pull ok.

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I think this is the crux of our difference of opinion. Unfortunately modern cars are like black boxes and a casual inspection will reveal very little about the state of the engine, let alone the entire vehicle. This is why any disclosure made by the seller takes centre stage in litigation cases and may have a broader interpretation than the one intended by the seller.

300bhp/ton said:

Have bought and sold load of vehicles over the years, including at auctions. It is always a gamble. And yes sometimes things go wrong. If you are not happy with such potential 'risk' you buy from a dealer, as you then have enhanced buyer protection. At the end of the day we are all adults and SHOULD be responsible for our own actions, rather than trying to palm off issues as other peoples faults.

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I would have done that too, especially knowing that a private seller is under no legal obligation to disclose all of the information in his knowledge regarding the car. So asking the right questions and a proper inspection is your only safety net. And it is only if the seller is found to have given false information in relation to the condition of the vehicle that a case of breach of contract can be registered.

300bhp/ton said:

And IMO based on the age and type of vehicle (and taking a guess at the potential mileage and cost), the op would not have a valid claim in a small claims court. If the car was only 12 months old and bought from a dealer it would be a different matter. However I have no crystal ball, the only way to know for sure would be for the op to proceed with the mitigation. But I'm willing to wager it will cost them more than fixing the vehicle and will not be in their favour at the end.

If you still completely oppose this point of view, why not team up with the op and take this to a small claims court, if you are so certain you could be the financial backer. Clearly it seems it would be an open shut case for you, so zero risk. Do let us know how you get on.

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I would represent him and pro bono at that but apparently he didn't buy a D3 but a Ducato campervan