sold my car

J

jony90

New Member
Feb 28, 2009
1
0
0
I have bought a car on Sep 2008 and I have sent my documents to DVLA but, I did not receive anything. After some time on Jan 2009 I sold the car on Auto trader. The buyer has contacted me and asked me if the car has been in any accident and some more information regarding the ownership of the car. I have told them that as far as I know the car has not been in any accident and also I answer all their questions. Buyer and his father came to see the car and after a short time they find out that the car had an accident and has been hit from the back. at this time the buyer told me that the she is Ok with that because the car has been repaired and they carry out some more test (drive it around) three days later they purchased the car.
Almost a week after the purchase the buyer contacted me and asked for a full refund because her garage told her that the car has been in a serious accident and they are claiming the I have mislead them because the bodywork shop has told them that the car has been repaired recently and has not been repared correctly.
Now they are taking a legal action and I do not know if I do have any obligation after selling the car.
I am not a dealer
 
Last edited:
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi Jony90,

I doubt they have a case, I have highlighted the important bits.

Your statutory rights

First and foremost, whoever sells you the car must ensure they have the right to sell it and can pass on full ownership to you. If it turns out that the car is stolen or belongs to a finance company, you will not automatically then own it, even if you have already handed over the cash.

Secondly, the seller must ensure that the car is exactly as described. Therefore if it has air con, CD player etc, then these features must not only exist, but they must also work; if it is in excellent condition, it should be relatively free from marks, scratches, dents and rust; if certain parts have been replaced, they must not then break down after a short time and so on. The description of the car also includes make, model and accurate mileage

Thirdly (and this is where your rights differ), if you have bought the car from a dealer, the car must be of satisfactory quality. Satisfactory quality is defined as what a ‘reasonable person’ would regard as acceptable, taking into account factors such as price paid, fitness for purpose specified, appearance and finish, safety and durability. If it becomes apparent that the car was not of the quality you were led to expect, you are quite within your rights to go back to the dealer, even after some weeks or even months of use. If it was the case that you were invited to carry out a thorough inspection of the car before purchase, and then you go back to complain about something which that inspection should have revealed, you will have no legal rights in that regard.

If you have bought the car from a private seller, who does not normally trade in cars, then there is no legal obligation on the seller to provide a car of satisfactory quality, and it is therefore a much riskier purchase. For this reason, there are more consumer complaintsabout the purchase of second hand cars than any other, so exercise significant buyer beware!
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