used car I sold claimed unroadworthy

forgotmyname

Its nice to buy a used car and actually make it home

How much was this car, i presume not a lot.

If they call ask them for the name of their solicitor so you can pass it onto yours. They have instructed you to only deal through them.
Your solictor will contact their solictor.

Or just say, Stop harassing me or i will call the police.

StuC75

andy13 wrote: »

"Sold as seen" has no legal meaning in law. The Sale of Goods Act 1979 and 1994 however does. You may be liable as the goods sold "Must be fit for purpose". I would phone Citizens Advice.
Some very poor advice given out on here.

Ditto... taken from Trading Standards...
Different laws \ Acts relate to different Types of Seller. The biggest risk to the OP \ Seller is down to Misdescription - so anything that the seller said \ implied \ advertised that can be proven to be wrong..


Private sales
When you buy a used vehicle from a private individual, you don't have the same rights as you do when buying from a trader. The legal principle of caveat emptor, or 'buyer beware' operates. You have no right to expect that the vehicle is of satisfactory quality or fit for its purpose, but there is a requirement that it should be 'as described. For example, if an advertisement says 'low mileage, one previous owner', it must be correct. You should check the vehicle thoroughly before you buy it.
Whether you buy privately or from trader, you are entitled to expect that the vehicle is roadworthy, unless you and the seller clearly agree it is bought for scrap or for spares and repair. You should be aware that a vehicle sold with an MOT certificate does not guarantee that it is roadworthy.
You are also entitled to expect that the seller has 'good title' to the vehicle. This means the person selling the vehicle must own it. If you buy a vehicle that you later find out is stolen, you do not have the legal right to keep it. You will have to try and get your money back from the seller.

societys_child

andy13 wrote: »

"Sold as seen" has no legal meaning in law.

True.

andy13 wrote: »

The Sale of Goods Act 1979 and 1994 however does. You may be liable as the goods sold "Must be fit for purpose"

Rubbish.

jaybeetoo

StuC75 wrote: »

Whether you buy privately or from trader, you are entitled to expect that the vehicle is roadworthy, unless you and the seller clearly agree it is bought for scrap or for spares and repair. You should be aware that a vehicle sold with an MOT certificate does not guarantee that it is roadworthy.

The Road Traffic Act 1988 section 75

TrickyWicky

Chopper_Read wrote: »

It not a get out for dishonesty.

I don't see anything here about the seller being dishonest. The buyer had their chance to inspect the car and they decided to buy it. Sold as seen is sold as seen. If they bought it and chose not to see all of the car then thats their problem.

artbaron

andy13 wrote: »

"Sold as seen" has no legal meaning in law. The Sale of Goods Act 1979 and 1994 however does. You may be liable as the goods sold "Must be fit for purpose". I would phone Citizens Advice.
Some very poor advice given out on here.

And you've just provided the worst advice by far, it's nonsense.

The OP clearly stated they described the car accurately and in good faith. Therefore the buyer has no come-back in law, it's as simple as that. This would apply if the car only had three wheels and no engine.

jaybeetoo

artbaron wrote: »

The OP clearly stated they described the car accurately and in good faith. Therefore the buyer has no come-back in law, it's as simple as that. This would apply if the car only had three wheels and no engine.

The Road Traffic Act 1988 section 75!

artbaron

jaybeetoo wrote: »

The Road Traffic Act 1988 section 75!

What about it? It's entirely in accordance with what I just said, unless you believe that a seller describing a car as "without engine" might not be explicit enough for form an agreement regarding its road worthiness.

Tilt

Only comeback against a genuine private seller is if the seller has deliberately falsely advertised or miss-described the car. It is up to the buyer to check the car's condition and road worthiness.

dissenchanted

Chopper_Read wrote: »

You spoke to the buyers garage over the phone or face to face and saw the rust?

What car and how much?

Can you post a copy of your Ad?

Hi, thanks for your help! The text of the ad follows:

Super little Ford KA Luxury 1.3 in dark metallic blue with full cream leather interior.NO RESERVE - AND NO BUY IT NOW. Honestly described to the best of my ability. 100% positive feedback so bid with confidence.
Highest bid wins and you bid to buy, not haggle when you get here please.
Reliable, economical, cheap to insure, fun and nippy little runaround.
Have a new car coming next week (3 weeks ahead of schedule!) so she has to go, but I will miss her
Perfect for 2nd car or new driver as cheap to insure but still has the KA kudos, unlike the newer model that just looks like everything else on the road!
One of the best cars Ford have ever produced. Sure-footed and fun to drive, piece of cake to park and very comfortable inside.
The car is 2001 and has done almost 103,000 miles but she has been regularly serviced by my other half since I bought her and runs beautifully. Starts first turn of the key every time and was not remotely fazed during the bad weather we had a few weeks back. Outside is a little marked as one would expect of a car this age (few scratches and scuffs) and of course the trademark bubbling around the filler cap, though this one is not too bad!
The driver's seat is a bit scuffed/scratched on the front edge (see photos). She has aircon (that works!) CD player, electric windows and central locking. Comes with one key, V5 is present and MOT due 27 April, taxed till end May.
I have been informed by my mechanic that the handbrake cables, rear brake pads and front suspension mounts need replacing to get it through its MOT and would have got these fixed myself but time is running out till the new car comes, so I have bought the parts and these will come with the car. Start price reflects the fact that you will have to do some work/spend a little on her to start with.
Any questions please feel free to get in touch - 01379 308976 (Alison)
Bidders with less than 10 positive feedback please get in touch BEFORE bidding please, otherwise bid(s) will be removed (sorry! have been burnt before!)
CASH ON COLLECTION ONLY PLEASE AND COLLECTION WITHIN 3 DAYS OF AUCTION END
Grab a bargain little car!

The buyer paid £800 - the car was advertised on ebay but the sale took place privately not involving ebay.
I spoke to their garage on the phone - have not seen the corrosion claimed to be present
Have I messed up??