Swapping of goods

s27cyb

Looking for a little bit of advice, can't seem to find anything in relation to this.

A week ago 2 parties mutually agreed to swap cars, travelling down from Fife (Scotland) to Murton (Newcastle?), both parties test drove each others cars, agreed to the swap, signed over V5C's and also signed receipts. All good.

One party is now claiming that the vehicle has an engine fault after taking it to a garage and having it tested, both these cars are over 10 years old and you accept at these ages and mileages the cars aren't going to be perfect. The 2nd party has also had issues with the new car i.e. gearbox, steering and overheating.

Where do both parties stand if test drives and inspections were carried out AND there are faults on both sides AND documents have been signed to say that they are happy to commit to the swap, no cash ever changed hands.

Any advice would be appreciated as not sure if this comes under buying/selling rights or if mutual swaps are a totally different ball game!

wealdroam

Are both these 'parties' private individuals, or are either or both acting as a business or motor trader?

s27cyb

Both are private sellers

wealdroam

s27cyb wrote: »

Both are private sellers

In which case, if neither has told the other any untruths, or otherwise misled the other, then there is nothing further to be done.
It's a case of 'buyer beware'.

If either party feels that is not the case, i.e. they have been lied to, they they will need to sue the other party for their loss.
The difficulty there will be actually proving what was said at the time.

I assume there was no written advert which may confirm the condition of either vehicle?

s27cyb

That's great thanks, the only problem I can see arising is that both cars were described vaguely, such as "they do what they're supposed to do, they run, they drive, it's an older car what do you really expect" which both cars do do (obviously as they were both driven 258miles that day) but the faults that have now been picked up are faults that need fixed in the very near future (probably the reason to get rid in the first place)

But I assume as private buyers/sellers then theres not really a lot can be done? They've both swapped cars with problems, for another car with different problems, in my opinion.