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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Son sold a van privately , as far as we knew and saw there

Customer Question

son sold a van privately , as far as we knew and saw there were no defects or faults, passed an mot early in summer. buyer now back stating vehicle has fuel leak and threatening to take my son to court. can he do this??
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this?
Customer: replied 1 year ago.

can this buyer take my son to court, van was sold in good working order and with no fuel leaks

Expert:  Jo C. replied 1 year ago.
When was it sold?
Customer: replied 1 year ago.

Monday 20th July 2015

Customer: replied 1 year ago.

Monday 20th july2015

Expert:  Jo C. replied 1 year ago.
Ok.
What was the sum paid?
Customer: replied 1 year ago.

£2400

Expert:  Jo C. replied 1 year ago.
The Sale of Goods Act does not apply so it does not have to be fit for purpose.
However, they can drop down upon the law of misrepresentation which does apply to a private sale.
The mere fact there is a fault is a non issue. He has to show that something untrue or misleading was said at the time of sale. It is likely that a court would think that the fault did exist at the time of sale even if it was not known to your son. This is a very recent purchase and it is not likely a fault has developed immediately.
'Good working order' is a very wide claim that doesnt necessarily mean that there isn't a leak. He is unlikely to sue on that basis anyway but I suppose he could. I think overall if he did then it would probably conclude in your son's favour.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

The van sat on my drive for a few weeks and never had any sign of leakage at all no fuel patches where it sat nothing so finding it hard to believe.

Thank you

Expert:  Jo C. replied 1 year ago.
Well, it may be that no fault exists. That is obviously another point.
Customer: replied 1 year ago.

so how can the buyer prove that there was a fault when he bought van , or we prove that we didn't know of any fault

Expert:  Jo C. replied 1 year ago.
He can get a mechanic to confirm that.
Whether you knew or not is a non issue. The issue is whether it exists and the points I made above are engaged.
Customer: replied 1 year ago.

ok thanks

Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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