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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2820
Experience:  Solicitor at BLM
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I am looking for advuse advice on consumer law with relation

Customer Question

I am looking for advuse advice on consumer law with relation to a private car sale
JA: What steps have you taken so far?
Customer: I’ve requested a refund from the seller tried to resolve directly with him so I have advised him I am seeking to take further action
JA: Where is this? And just to clarify, when was the purchase made?
Customer: Purchased the car 27/05/21
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That is all for now
Submitted: 21 days ago.
Category: Law
Expert:  Anthony Chendo replied 21 days ago.

Hello

Welcome to JA.

Please note that this is not a chat service therefore you may experience delays but rest assured that I will respond within 24 hours.

Why do you seek a refund for the vehicle purchased?

Customer: replied 21 days ago.
Because the car is faulty it has a number of issues including a clutch issue and also going into limp mode when driven.
Expert:  Anthony Chendo replied 21 days ago.

Hello

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?

Customer: replied 21 days ago.
The buyer stated in his advert that the “motor was straight” “drives really well and is a cracking car” none of the issues the car has were detailed in the advert
Expert:  Anthony Chendo replied 21 days ago.

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.

Thanks and stay safe.

Expert:  Anthony Chendo replied 21 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify the answer given.

Thanks and stay safe