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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70513
Experience:  Over 5 years in practice
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Hi there, I sold my car ten days' ago, the buyer signed a

Resolved Question:

Hi there,
I sold my car ten days' ago, the buyer signed a form saying it had been sold 'as seen and inspected'. It was MOT'd in July. He took it for a good test drive and spent a long time inspecting it.
He has just now phoned to say the head gasket needs replacing and he wants me to give him his money back. I had no idea there was a problem with the engine at all - I knew it was high mileage - although not necessarily high for a 14 year old vehicle - but then so did he!
Please can you tell me if I am legally obliged to accept the car back and refund his money?
Thank you for your help
***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
He doesn't have a claim under the Sale of Goods Act as you are a private seller.
The only way he could claim against you is in misrepresentation and then he has to show you said something untrue or misleading at the time of sale. Obviously I wasn't party to these negotiations so I don't know whether he can argue that you did. The fact that you didn't know of the problem isn't a defence. A misrepresentation can be innocent. Similarly a declaration 'sold as seen' is completely worthless. That is one of the biggest legal myths known to man.
Even if there is a misrepresentation though, that doesn't mean the contract would be rescinded. He may well just get an award for the diminution value and he will have to go to court to do that.
I would refuse to make any offers unless you particularly want to avoid court.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for that - you've confirmed pretty much what we thought, but it is good to have your reassurance!

Jeff

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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