A buyer is asking for a refund on a car I sold. What should I do?

I sold my Cat C car and was honest about it. I have the written transcript. The buyer asked if her mechanic could check the car over and I agreed. I said it was a good idea to be completely sure. She didn't want to test drive it and was over the moon with the condition. She decided not to have it checked over. Now she is saying there is an ABS light on and that I tried to conceal it with tape. I didn't and never saw this light nor any tape. She is threatening me with the Sale of Goods Act and is asking for a refund.

Asked on 11 December 2020 by Jan Penfold

Answered by Georgia Petrie

When buying privately (from an individual rather than a business), buyers have fewer rights because certain parts of the Consumer Rights Act don't apply. The Sale of Goods Act was replaced by the Consumer Rights Act in 2015. In short, the buyers only have rights if the car isn’t as it was described. The car should be true to the advert and what the seller (you) told them. They won’t be entitled to anything just because the car is faulty or because the seller failed to mention something in the advert.

However, the seller must accurately describe the car, such as the number of previous owners. They must also not misrepresent it, for example not disclosing that it has been involved in an accident or providing a false service history. If the vehicle wasn't 'as described', the buyer can either ask for the difference in value between what they paid and what the car is really worth or ask for the cost of making changes to the car so it matches the description.

Have a full read of what you need to know here: www.honestjohn.co.uk/problems-with-a-new-or-used-c...#

Tags: consumer rights

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