How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75995
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I bought a car from Autotrader from a Private Seller but the

Customer Question

Hi, I bought a car from Autotrader from a Private Seller but the Engine/Trim has subsequently turned out to be different to that from the Advert.
JA: Where are you? It matters because laws vary by location.
Customer: England.
JA: What steps have you taken so far?
Customer: I am talking to the seller to get a resolve. My question is whether it would be sold as seen or if it has been falsely sold by getting the model rong on the advert.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: *wrong
Submitted: 13 days ago.
Category: Law
Expert:  Ben Jones replied 13 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 13 days ago.

What did the advert actually state?

Expert:  Ben Jones replied 13 days ago.

and when did you buy the car?

Expert:  Ben Jones replied 13 days ago.

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Expert:  Ben Jones replied 13 days ago.

Without the requested information, I can only provide you with general information, which hopefully will still be useful to you. First of all, I am sorry to hear about this situation and any associated issues

When a person buys a vehicle from a private seller, their legal rights will be rather limited and will certainly not be as extensive as if it was bought from a dealer. 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

Any issues with the vehicle should initially be attempted to be resolved directly with the seller. If they are unwilling to co-operate, or no agreement can be reached and there is evidence that they had breached their obligation as listed above, further action can be considered. This could eventually lead to a claim for compensation, such as for any repair costs or for the refund value of the vehicle.

Expert:  Ben Jones replied 13 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 13 days ago.

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.