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Sold a vehicle that I have been told in unroadworthy

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  • caprikid1
    caprikid1 Posts: 2,440 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    As has been said you have done everything that could have been reasonably expected.

    You took the car too the experts and asked them to do a roadworthiness as assessment. Following that assessment they provided you an MOT. You sold the car on that basis. You are not a subject matter expert and assuming you did not know anything else you have done nothing wrong.

    As has been stated ignore, they are chancers, if they try and take you to court they have zero chance of winning based on the information provided.

  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As others have said, selling an unroadworthy car is a criminal offence, it doesn't entitle the buyer to a refund (and if you had committed the offence, you'd still have committed it even of you subsequently took the car back)

    But there's no evidence you did.

    You got it MoT'd and sold it after that. I don't know what the gap was between you selling it and them making their claim, or what they say made it unroadworthy, but it could have been damaged r the condition deteriorated after you sold it , and the fact that it was tested, that you got the necessary repairs done and that it then passed would be strong evidence that it was roadworthy t the point you sold it. 

    If they chose not to test drive it or get it checked before they bought it then that is their problem. It was presumably sold as seen 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Thanks all. It looks like they are still going to seek legal advice. Will keep you posted.
  • Grumpy_chap
    Grumpy_chap Posts: 18,273 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Thanks all. It looks like they are still going to seek legal advice. Will keep you posted.
    If they relay the same facts as per this thread, the legal advice will swiftly close the matter.
  • jimjames
    jimjames Posts: 18,664 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 15 November 2021 at 9:49PM
    Thanks all. It looks like they are still going to seek legal advice. Will keep you posted.
    Seeking legal advice is very different from having a case to answer. Lawyers will be more than happy to take their money to give some advice but it doesn't mean anything. Saying you are "seeking legal advice" would suggest they know they haven't got a case, if they knew that then they'd already be doing something about it. 

    As per the the previous replies you have nothing to worry about.

    Have they actually said what they're claiming is wrong with the car?
    Remember the saying: if it looks too good to be true it almost certainly is.
  • jimjames said:
    Thanks all. It looks like they are still going to seek legal advice. Will keep you posted.
    Seeking legal advice is very different from having a case to answer. Lawyers will be more than happy to take their money to give some advice but it doesn't mean anything. Saying you are "seeking legal advice" would suggest they know they haven't got a case, if they knew that then they'd already be doing something about it. 

    As per the the previous replies you have nothing to worry about.

    Have they actually said what they're claiming is wrong with the car?
    Excessive play in both front link bars
    One front wheel bearing excessive play
    Rear brake discs warped
    A couple of slight oil leaks

    Any a few other cosmetic things.
  • Excessive play in both front link bars
    One front wheel bearing excessive play
    Rear brake discs warped
    A couple of slight oil leaks

    Any a few other cosmetic things.
    Sounds like you're still in dialogue with them. Don't!
    Signature on holiday for two weeks
  • Keep your copy of the MOT safe, and any other paperwork to do with the sale, and sit tight.  Make no further contact with the buyer.  File any other stuff that comes through the door - don't throw it away, especially if it is a brown envelope with a Northampton postal frank.  Block their number.  If they call at your door, do not engage in any conversation with them, beyond telling them to leave.  

    You are a private seller and are assumed to not haver the knowledge that a dealer should have.  Even if it were to go to court, the odds are in your favour.  Don't allow them to unsettle you any further,  and just block them.
  • Aretnap
    Aretnap Posts: 5,755 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 16 November 2021 at 12:06AM
    Thanks all. It looks like they are still going to seek legal advice. Will keep you posted.
    If they want to tell a lawyer good money to tell them that they have no case, that's up to them I suppose.

    Talk of lawyers is designed to be scary, perhaps making you fear that you could end up having to pay big money in legal costs. but it need not be. In the unlikely event that the buyer did actually take you to court, then unless the amount being claimed was more than £10,000 it would be heard in the small claims court. In the small claims court the expectation is that the parties won't use lawyers - and if they do then the fees they can claim from the other side are extremely limited. It would obviously be unreasonable for someone to be landed with a five figure legal bill over a £1000 car sale, after all. So even if the buyer did somehow succeed in persuading a judge that he had a case, the costs to you would be limited to the cost of making good the faults, a few tens of pounds in court fees, a day off work and some travelling expenses. If he wanted to pay an expensive lawyer to bring the case he could do, but he'd be paying the lawyer out of his own pocket regardless of the result.


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