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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Hi,I recently bought a used car privately. The seller only

Customer Question

Hi, I recently bought a used car privately. The seller only had one key and no manual or service book. I agreed to buy the car on condition that a second key and the manual and service book would be sent to me when he could replace them; £500 was withheld as agreed with the seller, payable upon receipt of these items. The seller texted that he would send the items by post. Upon picking the car up, the seller had made a 'contract' stating the sale price of the car and the £500 withheld until the key, service book and manual were provided, with the £500 payable upon receipt, signed and dated by all including the seller. I had explained that the car was a gift to my daughter and so I needed these items quickly. The seller texted me a week later to say that I will have to take the car to a dealer approx. 25 miles away to get the key - I explained that due to time constraints and work commitments that I cannot do so, and that he had told me that he would send the items. The seller has since become nasty saying I am trying to rip him off. I have explained that the money is here ready for when I get the items, as we agreed. He his now threatening legal action/small claims court. I just need to know where I stand. If he doesn't provide the items as agreed, does that mean he has not fulfilled his contract, so I do not have to pay? Does the fact that I cannot get to the dealer for the key on time have any bearing? He hasn't apparently made an attempt to offer the manual and service book.

Submitted: 4 years ago.
Category: Law