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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
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I sold my daughter's car to a private buyer who is claiming

Customer Question

I sold my daughter's car to a private buyer who is claiming in county court for cost of repairs (£1100) when the car gearbox broke down a month later. The car with 90,000 miles on the clock had a full MOT and recon gearbox warranty but he decided instead to use his own repairer. Does he have a valid claim that "the car was not fit for purpose?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Are you a dealer?

Customer: replied 1 year ago.
No
Expert:  Jo C. replied 1 year ago.

Did you say anything about the condition of the gearbox at the time of sale?

Customer: replied 1 year ago.
No but I mentioned the gearbox was reconditioned and The warranty still remained until May 2016 was provided by the gearbox specialist
Expert:  Jo C. replied 1 year ago.

And I presume that all of that is true?

Customer: replied 1 year ago.
Absolutely, he called the warranty people who agreed to carry out the repair but he chose not to use them
Customer: replied 1 year ago.
He admits all this in his letters to me, he's provided bill of sale (sold as seen) and the gearbox warranty documents
Expert:  Jo C. replied 1 year ago.

On the face of it then he does not have a claim. The only way he will be able to claim is to argue that you are a commercial seller. If you are a private seller that you are not bounds by the sale of goods act or consumer rights act as it now is.

The only way he could argue that there is a claim is to full-back on the common law and argue that it is implicit in any contracts that services rendered or goods supplied will be of a reasonable standards but there is quite a lot of case law to the effect that a person who buys a second-hand car does so at his peril.

Can I clarify anything for you?

Jo