Many thanks for your patience. It was no oversight as I am still catching up with the dozens of customer replies I have to send today – sadly my day has not yet finished and please find my response below:
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
Unless either or both of the above applied, any issues with the vehicle will not be your responsibility post-sale. The buyer does not have statutory rights which they would have had through a dealer so you can look back at what you promised and advertised and work out if you had breached any of these.
Does this answer your query?