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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61056
Experience:  Qualified Solicitor
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Please. It's about a car I sold to a person privately

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please. It's about a car I sold to a person privately through gumtree
Assistant: Where are you? It matters because laws vary by location.
Customer: Scotland
Assistant: What steps have you taken so far?
Customer: None. Her solicitor called me and have been calling my line like too many times because I dont pick private calls
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: She drove by taking photos or videos of me and my children 2 days ago so I called the police

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

Customer: replied 4 months ago.
Ok my name is***** and I live in armadale.

What exactly is the issue?

Customer: replied 4 months ago.
I need to be sure you can help before I commit

Thanks and what do you specifically want to know about this?

Customer: replied 4 months ago.
I sold a car for 950. Before client bought she drove it round. She said she liked the car. She asked if there was any issue with the car that they need to fix I said no because all that need fixing was done in February when the car was mot'd. She asked me about servicing I said the car has never been serviced since I bought it 6years ago. The last service was in 2013 by the previous owner.And to the best of my knowledge the car was working fine. She signed the v5 and paid me cash. 4days later she emails me that there was a major issue and that I lied to her. She said I was a fruad and that I sold her a written off car. Her solicitor called yesterday and she dvla said the car was written off in 2014. So I told her I will need to call to ask about I was not aware. I called dvla and they said there was a claim on the car in 2013. I told them that I have never made any claim on the car and dvla said it was by the previous owner. The lawyer called back and I asked her why she lied to me so i hung the phone. Ever since then she has been harassing with calls. I didn't pick

Thanks and what are your quesitons about this please?

Customer: replied 4 months ago.
Am I liable to pay her back her money after she bought my car?

Did she ask specific questions about the car which, knowing its history, now means you gave her a false description?

Customer: replied 4 months ago.
That was the only question she asked. That was there any issue with the car that they needed to fix. I answered honestly that there wasnt.
Customer: replied 4 months ago.
I believe it was my responsibility to answer truthfully about any question asked. She said the wheel balance of the car was damaged. I am not a mechanic to know about a defect that was not visible. The had a scratch which displayed on gumtree and that was one of the reasons I sold that cheap.
Customer: replied 4 months ago.
Her solicitor said that she asked if the car was written off which was a lied. My husband was there during the sale and he can confirm she didn't ask about the car been written off
Customer: replied 4 months ago.
are you saying I am liable to pay her?
Customer: replied 4 months ago.
Just to be sure, in your opinion what constitutes false description?

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 event of 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

This is precisely where you may have provided a false description in the event that you made representations that made the car look like it had no issues, where in fact it did. You may not have known about it but if you made representations about it then these become relevant and binding.

But you can hold pout if needed in the event they do not actually go to court and are just issuing threats instead.

Does this answer your query?

Customer: replied 4 months ago.
partly. So are you saying if at the time she asked if there was anything to be fixed and I said none that I know of. Does my word not count for the time being?and not what happens after they have driven the car away? Are you saying that my word counts for in the future?

No your word counts for the state of the car at the time of sale. But if you were asked whether there is anything wrong with it and even if it only came out a couple of weeks later, they can show it was still present at time of sale and what you told them is not correct, then that is when they can hold you liable

Customer: replied 4 months ago.
Even when mot didn't show this issue in the certificate?

Yes because what you tell the buyer will also amount to a representation as part of the sale, so that would also be relevant even if it was not shown on the MOT

Customer: replied 4 months ago.
Ok thank you for your help

All the best

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