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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47875
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I SOLD A CAR AS SPARES REPAIRS ON EBAY.....I HAVE NOW BEEN

Customer Question

I SOLD A CAR AS SPARES REPAIRS ON EBAY.....I HAVE NOW BEEN CONTACTED BY THE PURCHASER SAYING THE ENGINE IS NO GOOD AND HE WANTS HIS MONEY BACK.. HE SIGNED A RECEIPT TO SAY SOLD AS SPARES REPAIRS £315.00 .... DO I HAVE TO REFUND HIM AS HE STATED THE CAR AND SAID HE WAS HAPPY AND DROVE AWAY HOME SOME 50 MILES
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long ago did you sell it?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
yesterday
Customer: replied 1 year ago.
Hi there...will someone speak to me soon as i have to go out i was called 8 minutes ago and no contact yet
Customer: replied 1 year ago.
i am sorry but i have to go out now i have been listening to recorded music for 12 minutes now
Customer: replied 1 year ago.
just a bit more information ...the purchaser started the car but did not drive it...and as i say his partner drove it some 50 mile back home.... and then i get a call today to say the engine is no good.....Regards.... Pete
Expert:  Ben Jones replied 1 year ago.

Hi there. Thank you for your live call request. I am in court today but please leave it with me and I will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Hi there, 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
• If the seller broke a specific contractual term – e.g. if they fail to do something they specifically agreed to
• 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 if you sold the vehicle as spares and did not make any representations about it being in a good working condition or anything which it was not, then assuming it was sold as seen would mean the buyer will have very few rights to return the car to you. So you are not required to give them their money back and if they wanted that they will have to take you to the small claims court. If he does so then he will also have to prove the above before he can be successful, and that will be rather difficult here.