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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46797
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I sold a second hand car privately through Facebook on 30

Customer Question

Hello. I sold a second hand car privately through Facebook on 30 June 2016. The car had MOT, started first time every time and we had no issues apart from the electric windows which we told her about. She didn't want to take it for a test drive and has been using the car regularly. She has now contacted me (22/07/16) asking for a refund as she took it to a garage to have the cam belt changed (we told her that we hadn't had it done and I even contacted the previous owner to us to ask if they had had it done) and they said that another part needs changing at the same time and will cost £500 to do. I spoke to a couple of garages and they said that we would not have known that the cam deviator would of needed changing as it is an internal mechanical part inside the engine. She is quoting the Consumer Rights Act 2015 saying I have to refund her. Could you please advise if I have to refund her the money for the car? Many thanks. Lisa
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months 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 10 months ago.

Hi Lisa. Do you have any record of the condition you stated the vehicle was in when you advertised it for sale?

Customer: replied 10 months ago.
It will be on my Facebook post
Customer: replied 10 months ago.
I have attached the Facebook post
Expert:  Ben Jones replied 10 months ago.

OK, thank you. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 10 months 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. This is especially the case as the Consumer Rights Act would not apply because this is a private sale and the Act only applies when a business seller sells to a consumer.

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, for example, fix certain faults or provide an MOT. This is also going to be a breach of contract

· If the seller was actually a dealer posing as a private seller - this is an unfair commercial practice and can even be a criminal offence

· 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 unless they can prove that any of these factors are present, which in the circumstances I cannot see, she would not have the right to force you to accept the car back and refund her.

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

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Customer: replied 10 months ago.
Hi BenI have had the following response from the buyer of my car
"My solicitor says I have a case. Whether u knew about fault or not I have the right by law for my money back as u sold me faulty goods"Does she have a case????
Expert:  Ben Jones replied 10 months ago.

Hi there, what they are saying is incorrect – there is certainly nothing in law that states a personal seller has to refund the buyer if they have sold them faulty goods. This is a protection the buyer only gets automatically if they bought from a business seller. As mentioned, their rights against you, as a private seller, will only apply if you had misrepresented the car. So either their solicitor has not advised them correctly, they have misinterpreted the advice or they have not taken any advice at all.

I hope this has clarified things for you, if you could please take a second to leave your rating I would be grateful. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46797
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Its all gone very quiet at the moment but I feel it's the "calm before the storm". Thank you for your help, it gave me confidence to respond to her and not let her bully me into giving her a refund
Expert:  Ben Jones replied 10 months ago.

You are welcome, feel free to get back to me if things go any further, but I hope they won't

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