Lawgistics client wins court case over private sale

legal updates

The customer sought to reject under the Consumer Rights Act.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

One of our clients sold a car which he correctly told the intending purchaser was a vehicle owned by him and his wife.  The customer was interested and bought the vehicle with a receipt signed by them both acknowledging that it was a private sale.

A problem occurred and the customer sought to reject under the Consumer Rights Act.  His rationale for making out that it was a business sale and not a private sale were:

1.    The transaction was concluded on the seller’s garage premises (although the buyer happened to work a short distance away and was done there for mutual convenience)

2.    The car was insured in the name of the garage (so that any employee could drive it if necessary)

3.    He found a very old advert for that car for sale by that garage.

4.    Trading Standards – we are told – confirmed that it was not a private sale.

In evidence the client was able to show the finance agreement that his wife had for the car, bank statements showing her making monthly repayments and paying off the finance at the time of the onward sale.  These were clearly influential.  The advertisement for the car predated the client’s wife becoming the registered keeper of it.

The court ruled that – not surprisingly in our opinion – that this was clearly a private sale and that the buyer knew of this before agreeing to buy it.  The “buyer beware” rule applied and no damages could be awarded to the buyer/claimant.

Interestingly, the court also held that the failures within the vehicle were not present at the point of sale.  The buyer had caused damage by allowing the car to be driven until it was devoid of fuel.

Impression Communications LtdPutting the motive in automotive

Impression works with businesses across the automotive aftermarket supply chain such as parts suppliers, warehouse distributors, motor factors and independent garages. Covering all aspects of automotive aftermarket marketing, including social media, event management, customer newsletters and PR, Impression is able to quickly establish itself within a client’s business and work towards their objectives.

Jason WilliamsLegal AdvisorRead More by this author

Related Legal Updates

Maintaining professionalism in customer disputes

Your emails may be presented to a judge for review to help decide on how you have handled the matter before the court’s involvement.

Assist your consumer… before it’s too late

If a consumer is ignored or refused assistance by you, and a repair is carried out, you will no longer be able to inspect the failed component.

What? You want me to pay after nearly 6 years?

After 5 years, 8 months, and 41,000 miles, there was a problem with the vehicle, and it ultimately required a new engine costing £4,600.

Consequential Losses

General stress and anxiety is not recoverable, otherwise everybody would claim it, similarly the time spent in dealing with a claim is generally not recoverable.

Car sold with a fault

Ensure the consumer is aware, understands, and most importantly, accepts the vehicle is subject to fault.

What you pay for is what you get

The consumer presented our member with the bill because they wrongly thought they had the right to do what they wanted.

Customer reneges on agreed not distance sale

Our member explained they do not offer a delivery service and do not engage in distance selling.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.