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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75166
Experience:  Qualified Solicitor
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I bought a car and part exchanged my old car. The deal was

Customer Question

I bought a car and part exchanged my old car. The deal was done I drove the new car away paid all monies owed. on the way home the seller says my car has been an insurance write-off and wants to cancel the deal. I was not aware of this on my old car what can I do
JA: What steps have you taken so far?
Customer: the garage has contacted me and wanted to cancel the deal or give another much lower offer on my old car. But the deal was agreed he had all the details of my old car upfront. why did he not check the car before we shook hands and i paid
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The garage is being very assertive which is worrying me
Submitted: 17 days ago.
Category: Law
Expert:  Ben Jones replied 17 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 17 days ago.

How long ago was this? and what is your specific query in relation to this please, so that I can best advise?

Customer: replied 17 days ago.
I bought the car yesterday and now he wants to cancel or change the deal. is he allowed to do that when the deal has been done. I paid in full and got the invioce ?
Expert:  Ben Jones replied 17 days ago.

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 17 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

When a person buys a vehicle from a private seller, their legal rights will be rather limited. 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 car before they purchase it. There is no legal right to expect that the vehicle is of satisfactory quality or fit for purpose.

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 with the seller, it will amount to a breach of contract or misrepresentation. However, the seller does not have to reveal any issues with it, even if they knew about them. They simply should not make statements that will make the description false

- Roadworthiness - every vehicle must be roadworthy and if the condition of its brakes, tyres, steering or construction makes it unfit for the road, it will not be roadworthy, which is also a criminal offence

As long as you did not specifically say to the dealer that the car was not an insurance write off, or similar, then it would have been up to them to satisfy themselves with the condition and history of the vehicle. If they proceeded with the purchase, that would be legally binding, even if they later find out issues with it, which were not mentioned in the advert or subsequent discussions.

Expert:  Ben Jones replied 17 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 17 days ago.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.