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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I Sold a car on the 2/4/15 sold as seen with a receipt

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Hello,
I Sold a car on the 2/4/15 sold as seen with a receipt and all details to confirm sale of vehicle etc. The buyer has just contacted me stating i have commited "fruad" as they have now sold the car on again and state the new buyer did a check and it came back as a CAT D write off in 2010. Now I did not know this when I bought the car, granted I did not check the vehicle myself but neither did the buyer who bought the car from me. He was happy with the car at time of sale and has been using it up until he sold it recently. They now stay they will take me to the small claims court as they had to take a "£2000" hit selling the car on and want to get it back from me? What is the standing on this, do they have a case? I have no detials of the previous owner apart from his name. Even if I contact him whats to say he didnt know either or lies and says that I did tell you. Saying that I have the original recipt for when I bought the car and it has no mention of CAT D anywhere either.
Thank you for you time
Matthew
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. The key here is what did you know about the condition of the car and how did you advertise it when you sold it. If you had made a claim that it was not a write off or made any other statements to suggest that it was not, then if it turned out to be, even if you did not know about it, you would be liable. However, if no statements were made as t the condition of the car and to suggest it was not a write off, together with the fact you did not actually know about its history, then you would not be liable.
The buyer should have conducted an HPI check themselves before they bought the car off you and this may have shown its history before they spent the money.
The law has a principle called 'caveat emptor, which means 'buyer beware'. This basically says that the buyer should always be aware of something they purchase as they may not be able to claim damages against the seller unless the item was misdescribed or missold to them. This is where the false description would come in but if you did not make any claims that the car was not a write off then you would not have acted in a misleading way and that is the seller's bad luck that they ended up with it.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.

Hello Ben,

Thank you for you prompt reply and service. So with all that in mind, they do not really have a case legally against me if they take me to small claims court as they suggest? I have found the original advert I used and there is no mention of me suggesting it was not a cat D car. the only thing I put in was a statement saying the car is "mechanically sound with no issues to speak of" but I don't think this would warrant what you suggested about the write off category.. During the telephone conversation I had with the buyer I stated that I knew nothing of this condition and did state that we sold the car as seen, which he was happy with and agreed a price then I produced a receipt for him which we both signed and dated. I also said he should of carried out his check such as HPI, but they still seem to think they are due recompense from me or someone. Just a bit un-nerving thinking that someone has their sights set on you for something like this. Thank you for you time.

Matthew

Expert:  Ben Jones replied 2 years ago.
You are welcome. Just as a final point be aware that they cannot be stopped from taking this to the small claims court - it is their right to legally challenge it if they wanted to, however the court will consider the above issues when deciding on whether to allow their claim. So hopefully common sense (and legal principles) will prevail and they won't succeed. Also there is no guarantee they will go that far - they may just be using this as a threat to try and make you pay but stand your ground. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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