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Category: Law
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Experience:  Barrister at Self Employed Barrister
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I have sold a secondhand van privately and got them to sign

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I have sold a secondhand van privately and got them to sign a contract sold as seen . They have contacted me to say they have broken down on their way did not know it had anything so wrong that this could happen home 30 miles away. Do they have any come back .

Are you a dealer?

Customer: replied 5 months ago.
No I am not I am private it was a horsebox van . Also printed off a AA contract to say it was viewed , tried etc... and sold as seen . Feel terrible and worried . I did know that in the future it would need work but didn't point it out and didn't say it wouldn't as not a mechanic The Mot certificate didn't show advisories has it was a copy and I didn't lie and say it didn't have any just couldn't remember but it does have a valid mot .They also have asked if I have cancelled my insurance . Should I offer any money back as a good will gesture? Really don't know what to do

If you are not a dealer then you have acted appropriately and the adage of 'let the buyer beware' applies. He should have had the van checked before he purchased the van. He is liable and you are not liable to pay him.

Customer: replied 5 months ago.
What should I do if they keep contacting me ? I said it was reliable and to me it was it had never broken down . I think they drove it too hard down the motorway , but again knew it was getting old and would need money spending on it but didn't know it was anything urgent

You should advise them not to contact you again. You can threaten the police. But you have done nothing wrong in law and are not liable.

I hope that answers your question. Please ask anything as necessary.

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you.

Customer: replied 5 months ago.
I sold it via a Facebook advert .Facebook has its pros and cons . But she has now messaged me twice and said she will know more on /Monday. Just wondered if i should block her and look guilty or see what happens . They did knock me down £550 and said that was because they thought it may need work and I agreed the price and pointed out that it was sixteen years old. They even said it was always a risk and a chance you take buying a secondhand vesicle. Sorry for all the questions just feel stressed and worried

You are not guilty and have done nothing wrong. The legal position is as I have stated above - let the buyer beware. It is up to you if you block them. But again you have done nothing wrong. I hope that this helps and please rate positive.

Customer: replied 5 months ago.
Buyers have said it may need a new engine and oil had been leaking for a while. The garage I took it too for the mot said it had a oil leak but we thought they were over zealous as we were not convinced as keep a close eye on it . We did buy some stuff to put in it recommended to stop leaks also just in case . Am I still OK ?

You are still ok for the reasons I have set out above.

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you.

Customer: replied 5 months ago.
Thank you I feel better. Think they are trying to make me feel guilty to offer some money back . Like you say they had time to check it over and I didn't stop them and it had a valid Mot and advisories I didn't mention are only recommendations

Hence: they have no claim. Please remember to rate.

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