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SS Legal Advisor
SS Legal Advisor, Advocate
Category: Law
Satisfied Customers: 616
Experience:  Senior Caseworker at DL Solicitors
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I sold a car privately and the buyer asked me to take it to

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Hi I sold a car privately and the buyer asked me to take it to a garage of their choice for them to look at before the sale to which I done and the garage told them the car was fine, I made the buyer aware of the coolant leak that was an advisorie on the last mot, I have been contacted today by a different garage telling me I have to give the buyer a refund or pay for the cars repairs as they are saying the head gasket is broken, how do I stand as I can’t afford this and they have now said they are taking me to a small claims court
JA: Where is this? And just to clarify, when was the purchase made?
Customer: Barnstaple in north devon and the sale was 13 days ago
JA: What steps have you taken so far?
Customer: I haven’t taken any steps so far I have just said I don’t believe I’m liable
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the advert to which I sold the car stated sold as seen

Hello,

I am an experienced legal advisor and happy to answer your question.

From what you have described it is hard to imagine that you would be liable to refund the purchase based on misrepresentation.

Misrepresentation is the only thing that the buyer can argue.

I would hope that you provided a receipt which stated that the vehicle is purchased as seen and has been tried and tested. If not, it is not the end of the world.

You should check any correspondence with the buyer and the car sale advert to ensure that you have not misrepresented the vehicle, you are not liable if the vehicle breaks down after you have sold it.

I am happy to answer follow ups.

Kind regards,

S

Customer: replied 1 month ago.
Thank you for your help
Customer: replied 1 month ago.
I made the mistake of not doing a receipt but I have pictures of my advert stating sold as seen and pictures of our conversation that shows the buyer is acknowledging that I told him about the coolant leak

That is good that you have that evidence in the event they bring a claim. As long as there is no evidence of misrepresentation that it will likely be a he said she said situation but that is arguably insufficient given the burden of proof is on the buyer.

Please do rate the answer.

SS Legal Advisor and 3 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you very much for your help have a good day