Car dealer says I misrepresented car I sold him

66 Posts


My elderly mum asked me to sell her car for her. It was five years old, low mileage and (in my opinion) in great condition. It did have scuffed alloys which I mentioned in the advert. A car dealer rang me with an offer that was below my asking price but still reasonable so I accepted.
He paid me, then sent a courier to collect the car. The courier inspected the car and noticed/logged a (small) scratch/dent in the back bumper but took the car anyway.
I’ve just received another email from the dealer claiming he’s inspected the car and it has significant (repaired) accident damage and feels I misrepresented it by saying the condition was excellent. I had no idea of this, and as a layman it looked fine to me.
Can the dealer demand his money back?
He paid me, then sent a courier to collect the car. The courier inspected the car and noticed/logged a (small) scratch/dent in the back bumper but took the car anyway.
I’ve just received another email from the dealer claiming he’s inspected the car and it has significant (repaired) accident damage and feels I misrepresented it by saying the condition was excellent. I had no idea of this, and as a layman it looked fine to me.
Can the dealer demand his money back?
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Assuming you've been entirely honest, this is probably just a tactic to secure a lower price through a partial refund. You could always call his bluff and agree to a full refund if he returns it with no extra mileage other than the collection/return. You might then be able to sell it at the price at which you originally intended to sell it. But I strongly suspect it won't come to that.
for example one of our cars has had 2 repairs
new front bumper and wing repaired after hitting a deer and a repair the rear bumper after someone hit it in a car park and did a runner
would you class those as significant
OP I think the dealer is trying it on
1. The seller has good title to sell the goods
2. The goods match the description (to the best knowledge of the seller)
With vehicles there is a 3rd point:
3. The vehicle is roadworthy (or the goods must be declared as non-roadworthy and the purchaser must take the vehicle away in means which prevents it being driven)
(There might be one more aspect that applies but for the life of me I can't remember).
No other aspect of the Sale of Goods Act / Consumer Rights Act comes into play - there is no warranty regarding the fitness or quality of the goods etc.
The only suspect area here is #2 ... using terms such as "excellent condition" are quite subjective. However, if the seller didn't know about any incidents, and the purchaser didn't ask pre-contract, then tough.