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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 47377
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Well I sold a car 4 weeks ago now the lady as spent 150 on a

Customer Question

Hi well I sold a car 4 weeks ago now the lady as spent 150 on a new radio then a tyre 2 shockers total of a £1000 pounds now she asking me to pay her or she's takeing me to court
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Please can you tell me if this was a private sale or a trade sale?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my initial query above - was this was a private sale or a trade sale?
Customer: replied 1 year ago.
Private sale
Expert:  Ben Jones replied 1 year ago.
When a person buys a second-hand vehicle from a private seller, their rights will be somewhat limited and will not be as extensive as if they had bought it from a dealer..In general, there is no legal requirement for the vehicle to be of satisfactory quality or fit for purpose. Therefore, the buyer will only have rights in the following situations:• If the vehicle did not match the description given, whether in the advert or any subsequent discussions. This would amount to breach of contract or misrepresentation. So ideally you want your advert or information you gave the buyer not to have included any positive or incorrect remarks about the items needing repair • If the seller broke a specific contractual term – e.g. if they fail to do something they specifically agreed to, for example, fix certain faults. This is also going to be a breach of contract• If the seller was actually a dealer posing as a private seller - this is an unfair commercial practice and can even be a criminal offence but is not an issue here• If the vehicle is unroadworthy – this occurs if its brakes, tyres, steering or construction make it unfit for the road. This will also be a criminal offence.So it is rather difficult for the buyer to claim against the seller in these circumstances. They must be able to show you had misled them about the issues that have been experienced, otherwise they are unlikely to have a claim as you are a private seller rather than a business one. This is your basic legal position. I have more detailed advice for you in terms of what will happen in the event that a court claim is made, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.