Summary
In England, when selling a car privately as seen without warranties, the buyer is responsible for inspecting the vehicle. The Consumer Rights Act 2015 generally does not apply to private sales. Misrepresentation claims can arise if the seller knowingly provides false information. Retain all email communications as evidence. If the buyer claims issues post-purchase, remind them of the as seen sale terms and that they had the opportunity to inspect the car.Full Conversation
John****
Hello, John****! How can I assist you with your legal issue today? Please provide some details about your situation so I can offer the appropriate guidance.
I sold my car (a 20 year old Mercedes sports) privately through an ebay listing, the buyer came to my home and tried and tested the vehicle prior to paying for it. On his way home he claimed the EML came on and a number of other issues subsequently allegedly emerged. Haven driven it * miles in the past 5 months he is now claiming the total purchase price, tax and insurance, a service, various repair bills plus £* for stress.
Hello John,
To assist you better, could you please let me know if you sold the car "as seen" or with any warranties? This detail will help in providing accurate information regarding your situation.
The car was sold as seen no warranties
Hello John,
In England, when a car is sold privately "as seen" without any warranties, the buyer has limited recourse for claiming refunds or repairs. Here are some key points:
- The buyer is responsible for ensuring the car is in acceptable condition before purchase.
- Consumer Rights Act * typically does not apply to private sales.
Could you clarify if there were any written agreements or communications about the car's condition?
The asked if the aircon was working. I said it was to the best of my knowledge, buyer now claims it is not
Hello John,
Thank you for the clarification. Here are some key points regarding private car sales in England:
- The sale is typically considered "as seen" if no warranties are provided.
- The buyer must inspect the car thoroughly before purchase.
- Misrepresentation can be claimed if the seller knowingly provides false information.
Was there any written communication about the aircon's functionality?
Emails were exchanged
Hello John,
Thank you for the information. Here are the key points regarding your situation:
- As the car was sold "as seen," the buyer is generally responsible for inspecting the vehicle.
- Misrepresentation may only apply if you knowingly provided false information.
- Retain all email communications as evidence.
Would you like guidance on how to respond to the buyer's claims?
That would be useful.
Hello John,
Here are some key points on how to respond to the buyer's claims:
- Politely remind the buyer that the car was sold "as seen" without warranties.
- Emphasize that the buyer had the opportunity to inspect and test the vehicle.
- Highlight that you provided information to the best of your knowledge.
- Include any relevant emails as evidence to support your case.
Would you like some assistance in drafting a response?
No thanks that's very useful
You're welcome, John! If you have any further questions or need additional assistance in the future, please feel free to reach out. Have a great day!
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