Legal Stand on selling a used car?
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Scooby Regular
Joined: Jan 2000
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From: Disco, Disco!
For those missing the point here goes
The only comeback the buyer would have had is if you had sold the vehicle KNOWINGLY it to be in an unroadworthy or dangerous condition, and the key word here is KNOWINGLY.
If you do not KNOW then how the hell are you liable, the test drive should show up faults, test drive OK, punter pays their money and you have a deal. The car develops fault after that, a new fault that you had no knowledge of then it's their bad luck.
Not all sellers are mechanics or can see into the near future. If it happened like you said it happened then I firmly believe you have nothing to worry about. You did not deceive the buyer, you accepted less due to things you pointed out at fault, they test drove the vehicle to their satisfaction. They paid you money to buy it from you. The onus is on the buyer to spot any faults.
They had their mechanic inspect it and he gave the car a clean bill of health FFS.
End of story as far as you are concerned.
TC run it past your team of lawyers, they will know when it is a hiding to nothing.
They should pursue their mechanic, who is probably a friend of the family (ex friend now) who dabbles in cars and fecked up if the fault was and I emphasise WAS there. Tight ar$es should have got a proper AA/RAC type inspection done.
[Edited by Paul Habgood - 05/06/2003 10:30:40]
The only comeback the buyer would have had is if you had sold the vehicle KNOWINGLY it to be in an unroadworthy or dangerous condition, and the key word here is KNOWINGLY.
If you do not KNOW then how the hell are you liable, the test drive should show up faults, test drive OK, punter pays their money and you have a deal. The car develops fault after that, a new fault that you had no knowledge of then it's their bad luck.
Not all sellers are mechanics or can see into the near future. If it happened like you said it happened then I firmly believe you have nothing to worry about. You did not deceive the buyer, you accepted less due to things you pointed out at fault, they test drove the vehicle to their satisfaction. They paid you money to buy it from you. The onus is on the buyer to spot any faults.
They had their mechanic inspect it and he gave the car a clean bill of health FFS.
End of story as far as you are concerned.
TC run it past your team of lawyers, they will know when it is a hiding to nothing.
They should pursue their mechanic, who is probably a friend of the family (ex friend now) who dabbles in cars and fecked up if the fault was and I emphasise WAS there. Tight ar$es should have got a proper AA/RAC type inspection done.
[Edited by Paul Habgood - 05/06/2003 10:30:40]
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Joined: Oct 2002
Posts: 286
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From: Reading, Berks
I agree and I thought that was what I said.
The buyer has no comeback in this matter because all the known faults were pointed out, the price was reduced to allow for the faults and the buyer still chose to go ahead with the purchase.
If the purchaser has relied on the mechanic to inspect the vehicle and he has given it a clean bill of health, then that is an issue between the buyer and the mechanic, not the buyer and the seller, and the vehicle was not sold in an unroadworthy condition.
So there is no case to answer and the seller can rest easy.
The buyer has no comeback in this matter because all the known faults were pointed out, the price was reduced to allow for the faults and the buyer still chose to go ahead with the purchase.
If the purchaser has relied on the mechanic to inspect the vehicle and he has given it a clean bill of health, then that is an issue between the buyer and the mechanic, not the buyer and the seller, and the vehicle was not sold in an unroadworthy condition.
So there is no case to answer and the seller can rest easy.
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