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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My wife and I are find ourselves in dispute and threatened

Customer Question

Hi - my wife and I are find ourselves in dispute and threatened with Court proceedings regarding a car sale from last January between us to the accusing party who are claiming that the car is defective and are trying to use the Sale of Goods act to return the car. The car is 10 years old with a sale value of approx £2900 . Do we have a case to answer please ?
Submitted: 15 days ago.
Category: Law
Expert:  Jo C. replied 15 days ago.

Are you private sellers?

Customer: replied 15 days ago.
we are private with no connection with the motor trade
Customer: replied 15 days ago.
Car was sold in January , the buyer did not try or test the car but sent her partner to do this. He found potential faults in the gear change to / from 2nd gear. The price was reduced and the lady buyer still proceeded with the purchase and we issued a sold as seen receipt. We had no previous issue with this on the car. They decided after a week they did not want the car and wished to return it. We refused. They have sent 5 letters to us ( one we refused ) and are now threatening legal action against us. We feel as private sellers there is no case to answer. Please advise
Expert:  Jo C. replied 15 days ago.

You are not commercial seller then.

The Sale of Goods Act doesn't apply and anyway they mean the consumer rights act which also doesn't apply

They could drop down on the law of misrepresentation but then they have to show there was a misrepresentation rather than just a defective vehicle.

Can I clarify anything for you?

Jo

Customer: replied 15 days ago.
As the pre purchase inspection was by the buyers partner and he recommended to continue with the purchase is he now liable in any way as he found the fault they are raising ?
Expert:  Jo C. replied 15 days ago.

No.

If this were a commercial sale that would not preclude liability.

Customer: replied 15 days ago.
Ok thanks for that . Does the sold as seen receipt close the matter out ?Thanks
Expert:  Jo C. replied 15 days ago.

No. It is of no consequence.

The issue is that you were not a commercial seller.

Customer: replied 15 days ago.
Ok many thanksMark Breton
Expert:  Jo C. replied 15 days ago.

No problem and all the best.

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