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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 67884
Experience:  Qualified Solicitor
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I bought a car on Monday 22/6/20 from a private dealer. I

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I bought a car on Monday 22/6/20 from a private dealer . I had a short test drive in the car the day before. Everything seemed ok. Took the car home on Monday . On Tue 23:6 drove the car in the morning it was ok. In the afternoon the car would start but not go in gear . Since then it's been the same . Seems like it has a clutch problem . I would like to know my legal rights on this matter
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: Can you help with my issue
JA: What steps have you taken so far?
Customer: I have told the person who I bought the car from
JA: Anything else you want the Lawyer to know before I connect you?
Customer: but he is saying you test drive the car before you bought it and it was ok

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.

What do you mean by a private dealer, is it a dealer or private seller? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 7 days ago.
Private seller
Customer: replied 7 days ago.
It was a private seller

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:

{C}· 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

{C}· 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

{C}· 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. Gear problems alone will unlikely make it unroadworthy

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.

Does this answer your query?

Customer: replied 7 days ago.
Many thanks ***** ask you questions on other subjects as well ?

you can do but please post as a separate query, thanks

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