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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We recently sold our peugeot partner van privately and the

Customer Question

we recently sold our peugeot partner van privately and the new owner has informed us that the new log book that came back states the van has been written off previously and is asking for a £500 refund. This did not happen in the 3 years that we have owned the van. The new owner says this information would have been on our logbook which we sent off so we cannot check for sure. We certainly didn't know of this. how do we proceed with this situation? He has threatened court action. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello did you sell it for £500?
Customer: replied 1 year ago.
sorry, no we sold it for £1200 and 8mths mot
Expert:  Ben Jones replied 1 year ago.
When a person buys a second-hand vehicle from a private seller, their rights will be somewhat limited and will not be as extensive as if they had bought it from a dealer. In general, there is no legal requirement for the vehicle to be of satisfactory quality or fit for purpose. Therefore, the buyer will only have rights in the following situations:· If the vehicle did not match the description given, whether in the advert or any subsequent discussions. This would amount to breach of contract or misrepresentation. So if you had specifically said that it had not been a write off or involved in an accident that would be a breach· If the seller broke a specific contractual term – e.g. if they fail to do something they specifically agreed to, for example, fix certain faults or provide an MOT. This is also going to be a breach of contract· If the vehicle is unroadworthy – this occurs if its brakes, tyres, steering or construction make it unfit for the road. This will also be a criminal offence. So they may be threatening court, which they are within their rights to go through if they really wanted to, but to be successful they must prove one of the above things happened. If the vehicle was not misrepresented then it is for the buyer to make the necessary checks to satisfy themselves of the car’s history. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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 1 year ago.
Thank you
Expert:  Ben Jones replied 1 year ago.
You are most welcome, all the best