Sold as seen now buyer wants to return and threatening legal action

wealdroam

m0bov wrote: »

Yes it is http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

The Consumer Rights Act only applies when the seller is a trader and the buyer is a consumer.

In other situations, The Sale of Goods Act applies to the sale.

But we are wandering a bit off topic now.

m0bov

Its not a B2B transaction (that we know of), I do now understand part of SOGA applies hence me saying (I don't think). Even so, SOGA is not relevant only (part?) of CRA is.

shaun_from_Africa

m0bov wrote: »

Even so, SOGA is not relevant only (part?) of CRA is.

That's the whole point, The Consumer rights act does not apply because the seller was not acting in the course of a business.

macman

OP, you've already been advised not to get into a conversation with the buyer, because his whole strategy is to wear you down. You are not going to be arrested for 'selling an unroadworthy car'. Inform the buyer in writing that the vehicle was sold privately 'as seen', and correctly described, and that if we wishes to pursue his (futile) case then he is welcome to do so through a civil action. Then ignore any correspondence, texts, and block any calls. You will hear no more of it.
PS: and he can't 'cancel the change of keeper'. It would have to be transferred back to you as a new registered keeper, which requires your sig.

George_Michael

m0bov wrote: »

Its not a B2B transaction (that we know of), I do now understand part of SOGA applies hence me saying (I don't think). Even so, SOGA is not relevant only (part?) of CRA is.

You've got that totally the wrong way around.
Parts of the SOGA apply to a sale by a private individual (the parts that state the goods must be as described and that the seller must have the right to sell those goods) but none of the Consumer Rights Act applies to the sales of goods by private individuals.

macman

So, the car is 'as described' if it a) starts first time, and b) the engine sounds great. Neither of which points crop up in the purchaser's extensive list of 'faults'. And I think we can assume that the OP had the right to sell it...
This has nothing to do with SOGA, it's basic contract law, with which the OP has fully complied in his description of the vehicle. And as already stated above, the CRA 2015 does not apply to private sales.
OP, it might be helpful to give some context to this: make/model, age and mileage?

wealdroam

m0bov wrote: »

Its not a B2B transaction (that we know of), I do now understand part of SOGA applies hence me saying (I don't think). Even so, SOGA is not relevant only (part?) of CRA is.

No part of The Consumer Rights Act applies to the OP's sale.
The pertinent legislation is The Sale of Goods Act.

As I said earlier:

wealdroam wrote: »

The Consumer Rights Act only applies when the seller is a trader and the buyer is a consumer.

ifonlyitwaseasier

refer the seller to Arkdell v Pressdram

shell7t8

There was a dent on the bootlid which i totally declared on the description and sent pictures so ensure the buyer knew exactly what he was getting.

He said he was buying it for his wife and intended to "do it up" for her as a project. I told him he was welcome to come and check the car out to make sure before he committed and that mechanically wise it started first time (does/did) and the engine sounded great (does/did). Those are the only things i told him because those are the only things i knew.

I have definitly not misdescribed the car i'm confident on that side but he keeps saying that it was unroadworthy on the day of the purchase and that is the offence. I'm not sure where i stand.

DCFC79

He had a chance to get it looked at by The AA for example but chose not to, surely he has no claim here.