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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50202
Experience:  Qualified Solicitor
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Good morning and sorry to bother...I need some legal help,

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Good morning and sorry to bother...I need some legal help, please:
I have sold privately my van on eBay as an used vehicle with no known defects and with no service history (I have lost the book); Drive tested by me with the couple buying, present; They took it from Romford (where I live) to their place in Northampton. After a week engine blown. They asked me for a full refund in exchange for the vehicle.
Please help.
Many thanks.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
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. Certain sections of the Sale of Goods Act 1979 (which mainly applies to business transactions) would still apply but the buyer’s protection would certainly not be as extensive.
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
• 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.
The fact that the engine blew up could be a matter of simple wear and tear. So if you did not know of any defects and you did not specifically give warranties about its condition when in fact the things you guaranteed to be working were not, then you would not have to issue a refund. There is always going to be a risk when buying from a private seller and unless they were misled, their right would be rather limited.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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