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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59667
Experience:  Qualified Solicitor
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I sold a car in running order and as described. An

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I sold a car in running order and as described. An unforeseen issue, I'd a breakdown 4 days later and the buyer wants a full refund now that the car does not run. Where do I stand?
JA: Where are you? It matters because laws vary by location.
Customer: I live in Portsmouth.
JA: What steps have you taken so far?
Customer: The buyer phoned and wanted a full refund, then asked for money towards repair. He was supposed to get a quote but instead the buyers father called at my house for a full refund. We eventually agreed that if the car was returned with a full refund it would then cost me to repair it so we agreed on £750 to be given back then I would have the car, it was sold for £1400, we shook then the father contacted the son and the wife of said son said no the full sum paid to be returned. I offered £350 towards repair, even though t
JA: Anything else you want the lawyer to know before I connect you?
Customer: there are no quotes for repair and that was declined. I sold the car for my son as he is away on military operations in the Gulf.

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

Was this a private or a trade sale?

Also, when did you sell it?

Customer: replied 7 days ago.
The car was sold on the 27/08/2019 and I was informed by the buyer on the 02/09/2019, he said he had only covered 50 miles.
Customer: replied 7 days ago.
Private sell

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 7 days ago.
It's was probably an oversight but I received no end of day reply.

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?

Customer: replied 6 days ago.
It does but I said it was a good runner and was at time of sell, now that's it apparently seized I falsely described it. Is the onus on me or them to prove that point?

If they are the ones who will eventually make a claim, it is down to them to prove it as it is their claim. Does this clarify things a bit more for you?

Customer: replied 6 days ago.
it does thank you for your advice.

All the best

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