Q: My fiancé and I recently purchased an engine from someone who, in person and on paper, stated that the engine was in excellent condition. We went to personally see the engine and this person started it in front of us. It looked good. Then this person started telling us that the engine had some parts missing.

Since these parts were not expensive to replace, we still decided to purchase it. When we took the engine home and tried to start it, it did not start. We tried again several times but it failed to start. When we inspected it more closely we noticed that it had multiple internal parts that were broken. We consulted with three engine mechanics who know these type of engines well and all three told us that the engine is completely damaged and would cost more fixing it than buying another one.

Since we were misled into buying this engine, are we entitled to our money back? This engine cost us €1,500 and it is not good for any use.

A: If the engine was bought from an individual and not from a professional seller, as it seems to be the case, these kind of sales transactions are not regulated by the Consumer Affairs Act and hence you cannot claim one of the remedies provided by this legislation. This also means that if you do not manage to reach an amicable solution with the seller, you cannot lodge a complaint with the Office for Consumer Affairs. In this case you will need to seek independent legal advice on your legal rights.

On the other hand, if the engine was bought from a professional seller, then your purchase is protected by the Consumer Affairs Act. This legislation gives you the right to claim a free remedy if the product sold to you does not conform to the original sales agreement.

In this case, if the seller has misguided you, you may be entitled to either have the engine brought into conformity with the original sales agreement or if this is not possible you may opt to cancel the sale and request a refund of the money paid for the engine.