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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have just sold a car with only 3 weeks MOT and tax left the

Resolved Question:

I have just sold a car with only 3 weeks MOT and tax left the buyer knew about that and a oil leak also told about, now the buyer is saying that it will cost £700 to go through the next MOT and is asking for their money back.

The buyer looked under the car and under the bonnet and took it for a test drive.

I wasn't aware the car needed work doing to pass.

Were do I stand?
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Did you provide any written description in your advert fro the car please? Did the description refer to the issues you describe?

Customer:

The advert stated oil leak and that the mot runs out in sept.

Customer:

nothing about any other problems as i wasnt aware of them

Josh-2010 :

Thanks. What additional items is the buyer claiming he has discovered?

Customer:

a wobble in steering wheel at 70 mph but has not gone into any detail about them

Customer:

he said that he was a mechanic at time of sale.

Customer:

i drove it to Newquay in june and had no problems with the steering

Josh-2010 :

Thanks. Did you describe the leak, tax and MOT position in your advert?

Customer:

tax till end august mot till sept

Customer:

oil leak was left as just an oil leak

Customer:

but was mentioned in aqdvert

Josh-2010 :

Thanks

Customer:

he noticed oil leak on the diff as well but he was aware of that before money changed hands

Josh-2010 :

Thanks. When you buy a car privately as opposed to from a business seller you have very limited rights. You have a right to require that the seller has lawful title to sell the car and that the car is as described. Subject as follows, that is it. If the buyer can point to a misrepresentation in the description the Sale of Goods Act allows a buyer to reject a car where it is not as described but only for a very short time - little more than a week or so. If the buyer wishes to avail themselves of this opportunity they need to consider acting without delay and serving a written notice that they are rejecting the car under the Sale of Goods Act and the reason why - that the car is not as described.

Customer:

he got in touch the next day

Josh-2010 :

If they can show that the car is not as described then they may have a right to reject the car but only if they can point to a misrepresentation on your part which from what you say is not the case. Otherwise the car is bought as seen subject as follows:

Josh-2010 :

The only caveat to the above is that it is an offence under the Road Traffic Act to sell an unroadworthy car. The Road Traffic Act 1988 does not give a definition of what is "unroadworthy", but instead makes reference to the following areas that, if not satisfactory, may lead to a vehicle being unroadworthy:
• Steering and steering gear
• Brakes and braking systems
• Tyres;
• Exhaust systems;
• Seat belts and seatbelt anchorages;
• General condition (corrosion, suspension etc).

Josh-2010 :

Subject as above the car is sold as seen and providing there is no misrepresentation in your description the buyer is not entitled to a refund.

Josh-2010 :

Is there anything above I can clarify for you?

Customer:

so if they cant fid

Customer:

if I am not aware of the problem at the point of sale im not liable?

Josh-2010 :

Subject as above, unless you describe something which is untrue in your advert or tell the buyer something about the car which is untrue, the car is sold as seen and it is a case of let the buyer beware.

Josh-2010 :

Is there anything above I can clarify for you any further?

Customer:

ok thanks for your help

Josh-2010 :

A pleasure. I hope the matter resolves itself amicably

Josh-2010 :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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