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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 69155
Experience:  Qualified Solicitor
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I bought a motortrike it’s was described as needing minor

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I bought a motortrike it’s was described as needing minor work. It turns out it needs major work and replacement parts. It is 2 yrs old and only done 110 miles you cannot get replacement parts in this country. It cost me £2200
JA: Where are you? It matters because laws vary by location.
Customer: tewkesbury England
JA: What steps have you taken so far?
Customer: I’ve told him as to what a garage inspection has told me and asked foe money back I have had no response
JA: Anything else you want the Lawyer to know before I connect you?
Customer: he told me that it was the wheel alignment needed doing but it’s both half shafts and both flanges that have been bent and need replacing as do the 2 tyres due to being left standing for 8 mths

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Did you buy it privately or from a dealer? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 2 months ago.
I bought it privatly

Thank you. 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

· Dealer posing as private seller - if the seller was a dealer who was posing as a private seller to try and avoid consumer law protection, that would be a criminal offence which can be reported to Trading Standards

· 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

In the first instance, any issues with the vehicle should be resolved directly with the seller. It is also possible to use threats of legal action as a negotiating tool, although I would only recommend formal legal action if there are valid grounds to challenge the sale based on any of the above-mentioned factors. If you had to claim you can do so in the Small Claims Court via www.moneyclaim.gov.uk

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Customer: replied 2 months ago.
it does on 2 counts he talked about minor issues they are major issues., 2nd is I believe the vehicle unfit for use on the main Roads because it wobbles very badly

You are most welcome