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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 52186
Experience:  Qualified Solicitor
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I have sold a car that I have owned since new and maintained

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Hi I have sold a car that I have owned since new and maintained whenever anything needed doing. It passed its test in july.The person who has bought it lives in south wales we live in Wakefield and he says when he got it home it has started rattling and wants compensation. He is a car dealer and heard the car running before he left. How do we stand
Assistant: Where are you? It matters because laws vary by location.
Customer: We live in Wakefield west Yorks and the dealer lives in Newport south Wales
Assistant: What steps have you taken so far?
Customer: None he has just messaged me threatening action he came up to our home to purchase the car and heard it running paid us the asking price and left
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: The buyer drove the car down to Wales we dont know how he drove what he did or anything

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Do you know what may have caused the rattling?

Customer: replied 1 month ago.
I have no idea it was running perfectly before he took car He says now he has got home it is rattling. It is at least 150 + miles to where he lives mostly motorway. He heard the car running before he left and was satisfied
Customer: replied 1 month ago.
The car has never attle while we have owned it

When a person buys a second-hand vehicle from a private seller, their rights will be somewhat limited and will certainly not be as extensive as if they had bought it from a dealer. The legal principle of ‘buyer beware’ applies, where the buyer needs to satisfy themselves that they are happy with the condition of the car before they purchase it.

In general, private vehicle sales would only provide the buyer with rights in the following circumstances:

· False description - if the vehicle did not match the description given, whether in the advert or any subsequent discussions, it would likely amount to a breach of contract or misrepresentation. However, the seller does not have to reveal any issues with it, just not make representations that will make the description false

· Un-roadworthy vehicle – every vehicle must be roadworthy and if the condition of its brakes, tyres, steering or construction make it unfit for the road, it will not be roadworthy, which is also a criminal offence. However, there is just a rattling issue with the car, which will not really make it unroadworthy

So he may be threatening court, which he can do if he really wanted to, but it would be a steep hill for him to go up and prove that you had knowingly or negligently sold a car with that fault. It would make it even harder as he had the chance to inspect the car and satisfy himself with its condition before buying it.

Does this answer your query?

Customer: replied 1 month ago.
Thank you he did inspect the car and had it running and was satisfied he paid and left

ok then assuming you also did not make any specific claims that it had no such issues, it would be difficult for him to argue he has a case

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