Someone bought my son's car and now wants £3000 towards a new gearbox - what are his rights?

My son has recently sold his car privately. The buyer took the car out for a test drive. He has now contacted my son saying that the car needs a new gear box and wants my son to either pay for it or he will take court action. He is quoting £3000 for a new gear box, the car is 10 years old he is still driving the car. Is my son liable? He sold the vehicle in good faith and was not aware of any issues.

Asked on 21 June 2024 by Beverley Veall

Answered by David Ross
As a private seller, the only legal points that must be complied with are that the seller has the right to sell the car, that it matches the description provided by the seller and that the car must be roadworthy. Assuming that the buyer inspected the vehicle themselves, took it for a test drive and were happy to hand over payment, then the seller has complied with the law. In order for any court action to be successful the buyer would need to prove that the seller was aware of issue with the gearbox before the sale. You may wish to seek independent legal advice in the event that legal action is taken by the seller.
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