I sold a car on Ebay via an ebay auction, the winning bidder came to collect the car, inspected it and all the paperwork, I gave him a receipt stating it's a private sale and there are no guarantees given or implied but he decided to cross this bit out. He looked at the last MOT cert which had been done 2 days before auction end, it listed as advisories the front tyres. He took it home and a couple of days later wrote to say I had mis described the car and that he is going to take me to court under the misrepresentation law as there was a large scratch on the car.
I advised as he had inspected the car, if there was such a scratch he should have noticed it and that he had not relied solely on my description but given he had inspected the car before handing over the money, that inspection will form part of the description, he should thus have noticed such as scratch if indeed it was as big as he was now claiming it to be. He is now trying to intimidate me into giving him back over £400 because of the scratch, he is a solicitor, I am just a lay person and a private seller. Can anyone please advise on this misrepresentation law and also given I am certain I will end up in court, will this be a court in my local area or in his local area, will I be able to defend myself at court or will I need a solicitor to do this, I am uncertain of the court process, thanks
I advised as he had inspected the car, if there was such a scratch he should have noticed it and that he had not relied solely on my description but given he had inspected the car before handing over the money, that inspection will form part of the description, he should thus have noticed such as scratch if indeed it was as big as he was now claiming it to be. He is now trying to intimidate me into giving him back over £400 because of the scratch, he is a solicitor, I am just a lay person and a private seller. Can anyone please advise on this misrepresentation law and also given I am certain I will end up in court, will this be a court in my local area or in his local area, will I be able to defend myself at court or will I need a solicitor to do this, I am uncertain of the court process, thanks