A car I bought in a private sale is faulty, does the Consumer Rights Act apply?

I recently purchased a car privately, which the seller advertised as: “Fantastic low mileage car that's in a great condition” and goes on to say, “it would make an ideal first car or for somebody who makes a daily city commute.” The car is not as described; the water pump is broken and needs replacing, and therefore it is not in “great condition” and it’s not safe or fit to drive. Furthermore, this fault is latent and present at time of purchase. Am I entitled, as advised by Citizen's Advice, to say that Under the Sale of Goods Act 1979, goods you supply must match their description? After all, the goods don't match how the seller described them so I am asking him to compensate me for the cost of replacing the water pump together with the replacement front nearside bulb, which again, wasn’t listed but was pointed out to him upon collection. I am requesting £225. He claims that the Consumer Rights Act replaced the Sales of Goods Act and, as a private seller, he is under no legal obligation to pay for a new pump as in any private sale the car does not have to be of "satisfactory quality" or "fit for purpose" and that it's bought as seen. I signed the V5C, so the car is legally mine. He has offered me £100 (half the cost of replacement as a gesture of goodwill). He claims he had no idea whatsoever that the pump was broken, which I find hard to believe as within two miles of leaving his house a yellow warning light came up on the dashboard - this did not happen when I tested the car but then I only drove it for about a mile.

Asked on 25 August 2018 by Martin Hallett

Answered by Honest John
He is correct. Neither the Sale of Goods Act nor the Consumer Rights Act apply to private sales, only new and used cars from dealers. However, by describing the car as in "great condition" and asserting that it “would make an ideal first car or for somebody who makes a daily city commute” when it plainly won't has put him in Breach of Contract and that is what you can sue him for. He is not liable to replace the light bulb that you knew about and because that's so trivial it's not worth bringing up. Threaten Small Claims for the £225.
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