Cobbler R53

[clk320x4]

I have just bought a r53 cooper s 52 plate , I have driven it home and done a couple trips in it less than 450 miles since buying it privately he made me sign a sold as seen , however , I asked the seller multiple times does it have any head gasket issues , both him and his wife both said no I have documented this , the coolant is brown milky it has slight hesitation in first snd second half throttle , the paperwork he gave showed supercharger service , and multiple coolant flushes and a radiator flush 2 years ago , I didnt check the coolant stupidly as he told me there was no issues , theres no mayo under the cap or on the dip stick , could be oil cooler as it hasnt over heated and the needle has never gone a touch over dead centre, and the only smoke is from cold start a slight greying smoke for about 10 seconds or so and none when revved , how would you go about this , is it grounds for misrepresentation as I asked a direct question multiple times, has it been masked by the multiple coolant flushes , advice would be appreciated got a sniff test coming tuesday/Wednesday to do a quick test myself

[Howard_silver]

Legally, the vendor can have you sign whatever document they want. Having said that, the buyer assumes most of the risk when making a private transaction.

[clk320x4]

They simply stated that the car was sold "as seen." However, if the garage informed me that the head gasket was already there before I drove it, then technically they misrepresented the car. I contacted them to enquire about previous mot and repairs because I think the gasket is gone. They called me back saying they didn't know anything and that the car was sold "as seen." The seller must be guilty of misrepresentation and an unfit sale if, after my repeated enquiries, they provide answers such as "no," "not to my knowledge," or "I don't know."

[Rashman4u]

Is this just any old dealership, even if you call it a garage? Are more vehicles available for purchase? The Consumer Rights Act might apply to you in that case. Please seek the counsel of citizens; I am not an attorney, but I can suggest that you do so.

[Rashman4u]

However, in the future, when purchasing an automobile, avoid sellers who attempt to get you to sign a "sold as seen" document. That should raise the most alarm bells in your head. Their message is essentially that "don't bring it back to us" because they know the automobile is in bad shape. While it's common practice for private sales to include an implicit sale, I've never heard of an individual selling their automobile requiring a buyer to sign a document—unless, of course, it's a dealership attempting to pull a fast one.

[Rashman4u]

You have the option to have the automobile fixed or reject it during the first 30 days if you are insured by CRA. For my part, I'd turn down the automobile completely. They offered it as totally working even though they knew it was a "spares and repairs" vehicle; if you want to reject it for principle or just to be safe, that's OK.

[clk320x4]

just in that situation I paid 2k for it, its in great condition exterior and interior wise but if its gonna need a head gasket my price goes over 3400+ into the car, i like it its cool but they seem to think sold as seen is the be all and end all blocked me on everything, they clearly knew something was wrong, but i mean if the garage says it has been long term there messages about the car when asked direct questions have all been lies so I guess id have to send a letter to them obviously th

[clk320x4]

The colour changed to green, indicating that gases are leaking into the coolant. The garage claims they can't determine if it happened three days or three weeks ago. Now I have two options: either search for another garage that is willing to fix it, which will cost me over £1,400 (or 70% of the car's original price), or try my luck in court with scant evidence, such as the fact that the mechanic has flushed the radiators and coolant and there's antifreeze on a couple of receipts, and his firm denial of any head gasket problems. My head gasket has definitely blown.

[clk320x4]

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