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tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Ive paid a deposit on a car which has a private plate included

Customer Question

I've paid a deposit on a car which has a private plate included in the sale , now the seller says he has to transfer the plate to the previous owner and is not willing to alter the selling price , he is afraid of being taken to small claims court over the plate and is not willing to negotiate the selling price or refund my deposit . Where do I stand ? The dvla say the name on the v5 is the owner ! The fact it was not transferred 5 months ago is not my fault , as I have paid a deposit is the car and number plate mine ?
Submitted: 4 years ago.
Category: Law
Expert:  tdlawyer replied 4 years ago.

tdlawyer :

Hi, thanks for your question.

tdlawyer :

My name is Tony, I can assist you with this.

tdlawyer :

How do you know the license plate was included in the price?

JACUSTOMER-s8jb9n2i- : The seller told me when I spoke with him on the telephone
tdlawyer :

So why does he now seek to deny you the plate?

JACUSTOMER-s8jb9n2i- : He says he has found a receipt from when he purchased the car , saying he would transfer the plate back to the previous owner , He also told me that the previous owner contacted him Thursday asking him to sign papers to transfer the plate back to her
JACUSTOMER-s8jb9n2i- : I contacted the insurance company for a quote and they told me that the m
JACUSTOMER-s8jb9n2i- : sorry number plate belong to a different car not the one I was buying , but the dvla and hpi report said it belonged to the car I am supposed to be buying
tdlawyer :

Then if he told you it was included, then it should have been included in the sale. If he cannot sell it, or will not let you have it, then this must be recognised in the price. As you would claim breach of contract and be entitled to the cost of a similar number plate (in fact, if he owns it, and is able to transfer it to you, you might be able to compel him to give it to you by seeking an order for specific performance from the court).

JACUSTOMER-s8jb9n2i- : his alleged solicitor , says ihe wants me to sign a piece of paper saying I will sign the plate back to him , but he is not going to ask for it but the previous owner wants it back ? Basically If I go and collect the car in the morning and he is not willing to sell me the car and plate or give me a refund what can I do about it ?
tdlawyer :

If he was obliged to sell you the plate, i.e. it's what you agreed, then you would be able to say you don't want it anymore at all without the plate.

JACUSTOMER-s8jb9n2i- : But I want it
tdlawyer :

Then you would have to apply to the Court to force him to hand over the plate if you want the plate.

tdlawyer :

You could always have the car without the plate, then sue him for damages separately.

JACUSTOMER-s8jb9n2i- : thank you , one last question , it's a private sale , I have paid a deposit , is he now legally bound to sell me the car ? Regardless of the number plate issue ?
tdlawyer :

Yes, a contract for sale is a contract for sale. It doesn't matter that it's a private sale. So yes, he would be obliged to sell you the car, irrespective of the number plate issue.

tdlawyer :

Is there anything else you would like me to clarify for you before we finish?

tdlawyer :

Are you there?