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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70405
Experience:  Over 5 years in practice
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I sold a catering van on Saturday morning for £1500 (£1200

Customer Question

Hi,
I sold a catering van on Saturday morning for £1500 (£1200 cheque and £300 cash), unfortunately when the new owners were driving back to Hereford from Swansea it broke down. Apparently the radiator had blown; it has only just gone through an mot which wouldn't have detected the problem. We have tried to be reasonable and offered to pay for a new radiator but have just found out that the have left the van in Hereford and returned to Scotland, demanding the £300 cash back before we are able to receive the keys for it. We now have the cost of recovery and fixing the van. Do we have to give the £300 back as it was sold as seen and the didn't take any mechanical advice?
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.
Are you a dealer?
Customer: replied 2 years ago.
No it was a private sale through Gumtree
Expert:  Jo C. replied 2 years ago.
Did they ask about any specific faults?
Did you say anything misleading or untrue?
Customer: replied 2 years ago.
Discussed the general condition of van, did not mislead in any way. We agreed that it needed work inside eg replacing fixed units etc there was was a number of rusty spots on the van which the stated that they want to re spray. We appreciated the cosmetic work that had to be carried out and due to this we agreed on a price of £1500 from the original advertised price of £2500. They test drove the van and we're happy with the way it drove.
Expert:  Jo C. replied 2 years ago.
In that case you are not actually liable for anything at all.
You are a private seller. You are not bound by the Sale of Goods Act.
You have not said anything untrue or misleading and so the law of mispresentation does not bind you.
There is just plain no claim.
One can see why they are annoyed but then they should have checked the condition of the car before buying.
They may well allege that you did say something misleading but then they have to prove it.
You can make offers if you want to but if they are going to behave in this way I would refuse anything at all.
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 Jo that is very helpful. I've got a quote for recovery and repair of around £250, can I keep this out of the £300 otherwise it is an extra cost. Can I demand the keys back as they say without the return of the £300 they will not give us the keys and they have probably already cancelled the cheque. We still have the DVLA registration documents which would have been sent tomorrow. Thank you
Customer: replied 2 years ago.
Are you able to reply to my last query.
Thanks
Expert:  Jo C. replied 2 years ago.
Sorry, I lost my connection.
I wouldn't pay them anything at all. I might agree if they were more pleasant but if they are going to be hostile they can bear the cost.
You are not liable for anything. If they make you pay £250 then it is a difficult situation. You are perfectly entitled to leave the vehicle there. The V5 will soon be in their name and they will be responsible for it.
If you are intent upon collecting though a court could say that is your choice.
You can sue them for the price due under the contract.
In principle, you could get a new set of keys cut and sue them for that cost which will be a nasty shock for them. I would warn them of that before you do it.