How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Hello,I recently sold a car on eBay,the buyer paid thru PayPal,he

Customer Question

Hello,I recently sold a car on eBay,the buyer paid thru PayPal,he collected car on Saturday,took it away with his friend driving,3days later I have a PayPal message demanding £200 pounds to repair back wheel bearings which he has been told by someone were "shot"after texting to find out more he says I miss sold car thru description and was liable for repair,which he had already done,he says he has his friend and father as witnesses that say I said bearings were ok.he has now filed a small claim in court,where do I stand ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Are you a trader?
Customer: replied 3 years ago.

FOR JOMO1972,no i am not a trader,just a private sale

Expert:  Jo C. replied 3 years ago.
OK.

What did you say about the condition of the car ?
Customer: replied 3 years ago.

just the fact it was moted

Expert:  Jo C. replied 3 years ago.
What do you say about the wheel bearings?
Customer: replied 3 years ago.

said i had done front bearings for mot,but back ones didnt need done for it,mot was last august

Expert:  Jo C. replied 3 years ago.

He is making allegations of misrepresentations. Unfortunately that does apply to private sales.

The SGA and its corresponding legislation doesn't apply to this type of sale. You are not a trader and so there is no requirement for goods to be fit for purpose.

There is a requirement that they conform to their description though. Obviously I haven't seen the description or the nature of the fault but if he can show the court that you said something untrue or misleading about the car at the time of sale then you are liable unfortunately.

To make out misrepresentation he has to show that you made some form of declaration which is either untrue or misleading that amounts to a term upon which he relied to induce him into buying. Mere silence alone would not be sufficient.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

FOR JOMO1972,only description of car were in message he sent asking about roof and engine,from what iv read,i gathered he has to give me reasonable time to rectify any problem,since found out,he bought car on friday,picked it up from me on saturday,sunday left good feedback on ebay,"easy trasaction,good wee car",then tuesday demanding money for repairs,which is whe i texted him to find out more

Expert:  Jo C. replied 3 years ago.
Not for misrepresentation.

If he can show misrepresentation then he doesn't have to give you the opportunity to repair. That is under the SGA which doesn't relate to you anyway as you are not a dealer.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice