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Jenny
Jenny, Solicitor
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I sold my personal car, a land rover 3 weeks ago, it had recently

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I sold my personal car, a land rover 3 weeks ago, it had recently had an engine rebuild that I declared in the advert on Gumtree, and the work was carried out at a local land rover specialist. I had subsequently driven several hundred miles with no issue, and the garage had re-inspected their work to check that all nuts and bolts etc were still tight and everything was ok..
The buyer test drove and inspected the car, to the extent of crawling underneath, opening the bonnet, and checking oil and water etc.
I sold the car on Tuesday 27th August. On Friday 30th I was phoned by the buyer who told me that while driving the car home on the Tuesday, one of the fan belts had shredded, and they had had to “limp the car home”. (In subsequent conversations and texts it went from shredded, to twisted, to slipping) They are now saying that they subsequently had the car inspected by a land rover specialist, and there are a variety of problems with the rebuilt engine. They called my garage demanding that they repair it under warranty, and my garage have refused stating that a) any warranty was with me, and not transferrable, and B) the damage described was consistent with the engine overheating which would be the result of continuing to drive the car with a failed belt. The fan belt is regarded as a consumable item.
The buyer has contacted me again and advised that following discussions with trading standards he has been advised that he is legally entitled to return the car to me, and demand a full refund, or to have the repairs carried out, and take me to court for the costs.
I need to understand what my rights are. The car was roadworthy when sold, and was sold in good faith. It was a private transaction, as I had owned the car as my personal vehicle for over a year, and I am not a trader.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
As this was a private sale and you had explained the position regarding the rebuilt engine and gave the purchaser the right to inspect the vehicle before purchasing you can say that this car was sold as seen.
In reality the purchaser has very little comeback provided that was the case.
If you have made misrepresentations about the vehicle's roadworthiness then the position would be different.
I would suggest going back to the purchaser to say that Caveat Emptor (buyer beware) applies to private sales and as such you are not responsible.
If he continues to be difficult then you may have to come to an arrangement with him or face defending a claim in court.
Customer: replied 1 year ago.

Hello Jenny,

Thank you for your prompt reply. You have confirmed my understanding of the legal position. Assuming that there was no mis-representation, which I believe to be absolutely the case, and I gave him copies of the invoices for all of the work that had been carried out, what grounds could he have for making a claim in court?

In addition the problem that has occurred is by nature a breakdown, and he could not claim that the car was not roadworthy.

Thanks,

Jonathan.

Expert:  Jenny replied 1 year ago.
hi Jonathan, I doubt he will take you to court. He may claim you have said things about the car that you have not. Such as given a guarantee that the fan is working.
I take your point that he cannot argue the car is not roadworthy.
I would suggest you just politely tell him it is not your problem and I would imagine he will go away. I think he is trying it on to see if you will cave in.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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