Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Was this a private or trade sale? Also, how long ago exactly did you buy the vehicle?
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Thanks for your patience. 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. Not mentioning that the vehicle was damaged repaired is not in itself wrong – however, if they made representations to state that it was never damaged repaired or other claims which would suggest that it was not, would potentially be wrong
· 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.
In the first instance, any issues with the vehicle should be resolved directly with the seller. Trading Standards won’t help you if this was a private sale as they only deal with consumer issues where you have dealt with a business seller. You can also use threats of legal action as a negotiating tool, although I would only recommend formal legal action if you have valid grounds where you can show your situation falls within one of the circumstances listed above. However, in the end that would be the only way to take this further if all else fails.
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He did not give you an MOT but did he promise to give you these as part of the sale?
Hi there, the failure to provide an MOT certificate or log book would not automatically be am issue but it would be one if he had promised to provide these. So you need to check back on what was promised and see if they have failed to provide something which they had initially promised they would.
As to whether he is a trader it really depends on the purpose of the sale of the other vehicles. If they were being sold for a profit, i.e. Not his own personal vehicles or selling on behalf of family/friends, it could be that he is a trader.
Does this clarify?