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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 14635
Experience:  30 years as a practising solicitor.
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We have sold our car privately and now the buyer has come to

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Hello we have sold our car privately and now the buyer has come to us saying that the car is not roadworthy and we have done an illegal thing by selling the car. He said he has got plenty of evidence for this. He has now told us that he is going to bring us to court. How can he do that when he has checked the car on the day and even test drived it and was happy to take it knowing it might have needed work? The car had an Mot in May and there were no major problems with it my partner was driving it everyday to work.
Assistant: Where are you? It matters because laws vary by location.
Customer: We are in Chatteris
Assistant: What steps have you taken so far?
Customer: At the moment nothing he has texted us today to say that we are going to receive a letter I am not sure what we have to do
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No I believe that's everything

Thanks for your question. As this was a private sale a purchaser has very limited rights to make a claim against you. The only circumstances are where you have made a statement about the car which is not true. He could then sue you for misrepresentation. However apart from that he buys the car at his own risk and you have no obligation to pay him anything or provide any form of guarantee or take return of the vehicle. Private sales are done on a caveat emptor, or buyer beware, basis. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

Customer: replied 11 days ago.
Hello thank you for your reply. We did not misrepresent the car we described as it was for us. How can he bring it to court then if he has so limited rights? And what do we need to do if we receive the letter?

The answer is that anyone can take anyone to court but if they don’t have the facts and the law on their side they can’t win. So if you get a letter from his solicitor you can answer it or get your solicitor to do so by asking for the legal basis of his claim. He doesn’t have one. He could make up a story about you misrepresenting the condition of the car but he would need evidence of that and the onus would be on him to prove his case. I would not worry too much about this. I suspect he will go away once he takes advice on it.

 

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Customer: replied 11 days ago.
Ok thank you.