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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Sold range rover to friend for £3300, he gave £500 deposit,

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Sold range rover to friend for £3300, he gave £500 deposit, he was advised of everything that was wrong but still wanted it. He changed the reg. at dvla, then text my husband all the time with things that had gone wrong, he text last week to say the gear box had gone and my husband has now bought one for him. The transaction was completed on a hand shake and we still have not has the remainder of the money. My husband has told him sold as seen. My husband had a brain haemorrhage a few years ago and is not really capable of making decisions. Where do we stand with regards XXXXX XXXXX law - if anywhere?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is XXXXX XXXXX I can help you with this.

tdlawyer :

Would I be right in assuming that your husband has not sold the vehicle as part of a business? Presumably, this was a private sale between two individuals?

Customer: That is correct
tdlawyer :

Okay, thank you. The position is fairly straightforward from the legal perspective. Essentially, wearing vehicle is sold in a private sale, is always "sold as seen".

tdlawyer :

If your husband has set out various problems with the vehicle, that any buyer will be taken obviously to know of those problems, and have no complaint in relation to them. In private sales, it is only when somebody says something about the state of the vehicle which is untrue, when liability will arise.

tdlawyer :

None of the rights under the sale of goods act 1979 will apply to a private sale. Therefore, the vehicle did not have to be of satisfactory quality, nor does it need to be fit for its purpose.

tdlawyer :

Even if the legislation did apply (which it does not) the fact that the nature of the problems have been revealed to the buyer means that he cannot then complain about them.

Customer: Can I take back the vehicle, he has a repair done, but has had the range rover for months - could this be counted as rental?
tdlawyer :

When you sold the vehicle, did you agree that he would not own its unless and until all of the money had been paid. Or did you say nothing about this?

Customer: I think my husband just trusted that he would pay.
tdlawyer :

Okay. That is what I expected you to say it. Very few people ever discuss ownership passing at the point of all monies being paid. You only ever see this in professional transactions with big institutions.

tdlawyer :

Basically, this means that ownership the vehicle would have passed the point at which the contract was made.

tdlawyer :

This is the effect of provisions in the sale of goods act 1979. This means you cannot recover the vehicle.

tdlawyer :

However, you can sue for the outstanding sum.

tdlawyer :

This is a simple and quick process, and inexpensive, as it is on the small claims system.

tdlawyer :

The claim should cost you no more than £50 to issue.

tdlawyer :

You can do this online at the following address: www.moneyclaim.gov.uk

Customer: I will probably end up out of pocket but thank you for your answer.
tdlawyer :

You should not end up out of pocket, particularly if you claim statutory interest at 8%. Also, if you succeed at the final hearing, which in everything you have said I see no reason you should not, then you should also recover all of the court fees you have paid as well.

tdlawyer :

You would only ever really end up out of pocket if you instructed lawyers to do this for you. In a claim such as this, on the small claims system, but is not something I would encourage you to do. It is very easy and informal, and designed to keep lawyers out of the equation altogether.

tdlawyer :

Are you happy with this answer? Is there anything more you would like me to add for you?

Customer: Thank you
tdlawyer :

You're welcome. Are you happy with the service this evening?

Customer: Very happy.
tdlawyer :

Thank you. If you ever need to ask any follow-up questions, or require further information, feel free to give me a shout by marking any other question "For Tony Only". That way, I can follow-up for you. I hope you have a great Easter break.

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