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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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Hi. I have problem. On last Sunday private person buy my car.

Resolved Question:

Hi. I have problem. On last Sunday private person buy my car. He check all and is happy. After 2 hours he give me ring and say .." I drive home and after 61 miles turbo is broken and You must fix the turbo" Car is perfect before... just after 61 miles broken when he drive. Tell me please what regulations is about this problem.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

how did you describe the car at the time of sale please?
Customer: replied 3 years ago.

For sale Citroen C8 2.0 HDI with MOT, TAX and full service. 7seats. New cambelt with warranty, water pump all belts, oils and filters. Filled up exhaust filter fluid.


Mileage 147000. Good clean condition. Perfect family car. Min 7L / 60 miles Max 8.5L / 60 miles.Electric slide doors open from key, trip computer. New owner wont have to do anything to this car or put any more money into it. Available swap for smaller car (2004 up) diesel or good trike over 750cc and ending auction before time. Mob XXXXXXXXXXX Konrad. Cash on collection day only or money account transfer.

Customer: replied 3 years ago.

This is ebay auction

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

Is any of that untrue?
Customer: replied 3 years ago.

No. All is right and true. Just turbo this is engine part...this is mechanical part

Expert:  Jo C. replied 3 years ago.
Thanks

Are you a private seller or have you sold other cars on Ebay?
Customer: replied 3 years ago.

Private seller. This is my car, I have this car 2 years and drive all time. Sold is just one car...Couple years ago is sold other car.

Expert:  Jo C. replied 3 years ago.
Unfortunately for the buyer a private sale is not governed by the Sale of Goods Act.

It is governed by the legal principle of a caveat emptor (buyer beware) operates. The buyer has no right to expect the goods to be of satisfactory quality or fit for purpose, but there is a requirement for them to be as described. The same applies to a sale by auction.

A vehicle is not covered by eBay/PayPal buyer protection policy. However, the goods must not be misdescribed.

In your case, it appears the only description you gave was "good clean condition," I also assume that the mileage of 147,000 is genuine.

There is something which does not help, and that is the word 'perfect', where you say it is a 'perfect family car'. However I think you could successfully argue that the car that the car was never represented as being perfect, but because of the context of the words, was perfect for a family.

I would tell the buyer that the vehicle when it left you is exactly as described in that if he feels differently, he should issue small claims court proceedings against you which you can defend.

I do not think that the buyer has a good claim based upon the details you have given me, but if he does issue legal proceedings, you will have to defend them in the Small Claims Court

Can I clarify anything for you?

Jo
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