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Why do you seek a refund for the vehicle purchased?
Did you raise such issues before you purchased the vehicle or did the buyer state that the car did not have these specific issues prior to the sale?
In private sales buyers legal rights are limited and will certainly not be as extensive as if when a car is bought from a business seller. The legal principle of ‘caveat emptor’ (also known as ‘buyer beware’) applies, where the buyer needs to satisfy themselves that they are happy with the description and condition of the goods before they purchase them. There is no legal right to expect that the goods are of satisfactory quality or fit for purpose.
In general, private sales would only provide the buyer with rights in the event of a false description. Therefore, if the goods did not match the description given, whether in the advert or any subsequent discussions with the seller. However, the seller does not have to reveal any issues with the goods, even if they knew about them. They simply should not make statements that will make the description false.
Therefore it is arguable that the description given in the advert was misleading. However on the same token there is an argument that the seller did not have to reveal them unless specifically asked about them.
Consequently this is not a clear cut matter but it is worth writing to the seller and trying to persuade him that his advert was misleading. If an agreement is not reached then I suggest you consider instructing a local solicitor to assist you with the court procedure given the inherent risks of the case and the court process.
I hope I have clarified the position.
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