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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I sold a vehicle private sale and now they want the money back

Resolved Question:

I sold a vehicle private sale and now they want the money back saying the description of the vehicle was not what it was. I am maintaining that it was and that I sold the vehicle in good faith.

Where do I stand?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

for the avoidance of doubt, I believe I'm correct in my belief from what you say, that you did not sell the vehicle as a business seller but as a private individual. please do correct me however if this is incorrect

Customer:

Hi yes - where do I stand with this please?

Joshua :

could you kindly advise how the buyer claims the description is different to the vehicle they acquired? after how long did they contact you to request a refund following the purchase?

Customer:

It is a mazda bongo awd drive 1996 - he says its not. I have checked and mazda did not make any 2wd after 1996. I purchased the vehicle as a awd vehicle.

Customer:

They are also claiming storage but (its his dads storage place) that is why I think they are dragging it out to hit me with an extra bill.

Customer:

three days after they contacted me

Joshua :

Thanks. awl = all wheel drive? He claims it is 2wd?

Customer:

yes

Customer:

I offered a full refund on 22nd Nov (sold it on 17/10/13) but was on holiday. It dragged on when I returned now after me offering a full refund they sare just dragging it on

Joshua :

Thanks. Is there any possibility in your view that he could be correct in what he says or are you 100% certain that the vehicle isXXXXX- I would think it is relatively easy to tell with most vehicles by simply taking it off road.

Customer:

sorry but is this some kind of joke?

Customer:

I asked advice on where I stand not to do a test drive?

Customer:

AWD - All Wheel Drive is different thanXXXXX

Joshua :

Sorry for the misunderstand - I am a lawyer not a car expert. I will rephrase - Is there any possibility in your view that he could be correct in what he says or are you 100% certain that the vehicle is All Wheel Drive

Customer:

apologies - I am also not a mechanic but I purchased the vehicle as an AWD vehicle and sold it to them as one. Its never been off road. My concern is that its dragging on with the storage fees and me offering a full refund to no reply. I have offered in giood faith the refund but nothing coming back.

Joshua :

Thank you. As you are a private seller then "caveat emptor" applies - this means let the buyer beware. Accordingly he has no complaint in respect of any issues that are identified after the event of the sale save as follows unless he can identify a misrepresentation (innocent or otherwise) by you in your description of the vehicle.

Joshua :

There is a caveat to the above in the form to the Road Traffic Act 1988 which makes it an offence to sell a vehicle that is not roadworthy. The RTA does not give a definition of what is "unroadworthy" unhelpfully, 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).

Joshua :

From what you say however the only issue that has been identified is the AWL description versus the 2WD claim from the buyer. The buyer must adduce evidence of what he claims if he wishes to claim a refund. If he is correct this would amount to a misrepresentation on your part (albeit an innocent one); if he is incorrect then you owe no refund.

Joshua :

If you have innocently misdescribed the car then the buyer is entitled to claim the price of the car (less any reasonable deduction for use he has had from the vehicle - e.g. if he has driven about in it for two weeks putting miles on the car then he must make allowance for this. He is also entitled to claim his reasonable costs as a consequence of the misdescription - e.g. costs of returning the vehicle and so on. As to storage, he is not entitled to claim storage fees as he is required to mitigate his losses. He could presumably have parked the car outside his house or on the road and it was his choice to pay storage fees (although presumably he is not paying storage fees to his father and is rather simply trying it on).

Joshua :

In addition as you have offered a refund from what i understand, notwithstanding the above, any increase in costs generally due to their delay would not be attributable to you.

Joshua :

Is there anything above I can clarify for you to date?

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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