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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought and resold a car. It turns out the car had had the

Resolved Question:

I bought and resold a car. It turns out the car had had the engine replaced. Now the buyer wants to return the car claiming I didn't exercise due diligence when making my checks about the car. I sold it on eBAY under "no returns" policy. I'm registered as a "business seller" on Ebay. Do I have to take the car back and what is the liability for not informing DVLA about the engine change?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did you sell this in the course of business please?

Customer:

i sold it from my ebay business account but my business is selling car parts, not cars

Alex Watts :

Yes. Sadly the law says that even if you sell it and you are a business, even if it is not actually your main business you nonetheless sell it as a business

Alex Watts :

This means that you have to bring all faults reasonably to the attention of the consumer

Alex Watts :

Therefore you have sold this as a business and if the engine has been changed, you as the seller are liable

Alex Watts :

I am sorry if this is not the answer you are after and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

what would be the process if i refuse and they decide to take the matter to court?

Alex Watts :

They would issue proceedings. If you do not defend they would get Judgment in default. If you do defend then it would proceed to a trial

Customer:

how long is the process and what amounts I might have to pay besides the actual cost of the refund?

Alex Watts :

It would take around 4-6 months.

Alex Watts :

Assuming its below £10,000 it would be a small claim so you would be liable for Court fees, interest and witness travel expenses

Customer:

that is roughly how much?

Alex Watts :

Really varies on the value of the claim but Court fees are listed here

Alex Watts :

https://www.justice.gov.uk/courts/fees

Customer:

£2600

Alex Watts :

See the link for Court fees

Customer:

would i personally be liable or the company?

Alex Watts :

Your company if you sold it through the company and the company was paid

Alex Watts :

But personally if you were personally paid by the buyer

Customer:

ebay account business name is ***** ***** i was given cash in hand

Alex Watts :

You would be sued personally then

Customer:

in the process takes 4-6 months, during that time are they responsible for the condition of the car?

Alex Watts :

They just need to take reasonable care of it

Customer:

what prevents them from using the car all that time and then returning in a worse condition?

Alex Watts :

They can. Then you would need to issue a counter claim

Alex Watts :

And argue diminution in value

Customer:

thank you

Alex Watts :

Can I clarify anything else for you?

Ash and other Law Specialists are ready to help you