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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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I sold a car with all the paperwork that stated the car as

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I sold a car with all the paperwork that stated the car as a ford Cortina 1500 GT 1964 and the car is 50 years old. The car had loads of work don't to it in 2000 and Ford did a story on this car back then and put it in a Fords Mag also stating it to be a Cortina 1500 Gt. The new buyer now has called me to say it's not a 1500 GT and the body has been change within its life. Must have been when all the work was done in 2000. Now Fords have stated that it was a 1500 GT in there Mags. The new owner is saying its a standard body so it's not a real GT so he wants his money back of for me to give him £4000 back on the car. he exchange this car for two other cars . I am not a trader I am a private seller. Where do I stand here as I sold this car in good faith and he saying this is a case of misrepresentation. so he wants a full refund and exspences !!
Where do I stand
Thank you for your question. My name is ***** ***** I will try to help with this.
how long ago did he buy?
Customer: replied 3 years ago.

Only 5 days ago

Customer: replied 3 years ago.

5 days ago

How much did he pay please?
What would the car have been worth had you known the truth?
Customer: replied 3 years ago.

Well as far as I know it is a GT1500 and the value of a non GT would be around £5000 the value of a GT would be about £8000 to £9000

He gave me two cars and £1000 the value of the cars he has giving me would be around £3000 for one and £4000 for the other one. This is why I offered the £2000 back as he was saying that his cars are worth £10,000 but thats his opinion

Whether you knew about this or not, there is no way aroudn the fact that this was misdescribed. I realise that was not down to you but nevertheless it was described as Y when it is, in fact, X.
Therefore, the buyer does have a claim is misrepresentation. Its a fairly recent purchase so he would be entitled to either recession of the contract which may not be possible now if you have sold his exchanged vehicles or the difference between the price he paid and the price it would have been worth.
He will have to prove that this has taken place and also, the level of the diminution value. Its not good enough to refer to his opinion in court.
I'm very sorry if this is bad news.
Can I clarify anything for you?
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