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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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On 11sept 2015 I purchased a car on ebay pounds. No

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On 11sept 2015 I purchased a car on ebay for 1700 pounds. No reserve auction within 20 miles driving home it broke down badly. Paid cash. Aa sheets to prove breakdown and recovery same day. Described as a good reliable versatile car Iin lovely condition. Have I any course of action please
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Was it from a private seller?
Customer: replied 2 years ago.
I believe so yes
Customer: replied 2 years ago.
Now looks like one of these guys who dabbles selling wrecks to thr impoverished massses
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Many 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. 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. However, it is not as easy as stating that it is a reliable car and it subsequently breaks down – that could happen to any second hand car and be something unrelated to the condition of the car at time of sale. So you will have to show that the issues existed at time of purchase and the seller had misdescribed its condition.
• 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. 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. In that case you would be taking your case to the small claims court, where you can simply make a claim online via to try and recover the money you paid or anything you have sent on repairs.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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