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Ben Jones
Ben Jones, UK Lawyer
Category: Traffic Law
Satisfied Customers: 48466
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Could you please advise me on a situation that I'm finding

Customer Question

Could you please advise me on a situation that I'm finding myself in.
I wrote for advise on this matter previously and you were kind enough to advise me what I needed to do.
Firstly I have already contacted the seller of the car and advised him of the situation that he'd put us in and I gave him 14 days notice also sent the letter by registered post, haven't had any response.
I would just like to ask what I should do next?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Was this a private or trade sale? Also, how long ago exactly did you buy the vehicle?

Customer: replied 1 year ago.
It was a private sale and we bought it on the 27 July 2016
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so 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.

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.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you need to follow should you have to go down the legal route. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, my response should be visible on this page. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

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

Customer: replied 1 year ago.
Sorry for delay, I've read your advise and on one of the answers was that he didn't give me an MOT then I would have redress with him well as I've previously stated he didn't give me an MOT certificate nor a log book. Also when we bought the car he had others outside his house to sell, does this constitute him being a trader or not?
Expert:  Ben Jones replied 1 year ago.

He did not give you an MOT but did he promise to give you these as part of the sale?

Customer: replied 1 year ago.
His reply to me was ill look for it and the log book and let you know
Expert:  Ben Jones replied 1 year ago.

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?

Expert:  Ben Jones replied 1 year ago.

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