Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Hi Lisa. Do you have any record of the condition you stated the vehicle was in when you advertised it for sale?
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.
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.
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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
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
You are welcome, feel free to get back to me if things go any further, but I hope they won't