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. This is especially the case as the Consumer Rights Act would not apply because this is a private sale and the Act only applies when a business seller sells to a consumer.
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.
So unless they can prove that any of these factors are present, which in the circumstances I cannot see, she would not have the right to force you to accept the car back and refund her.
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