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Used Car Descriptions


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What about situation, where buyer would claim that car was illegal during sale?

I sell my cars privately, but I'm puzzled with this statement. Lets say that car is sold with few months MOT, buyer does not raise any concerns, but comes back 2 weeks after the purchase stating that wing mirror was damaged, brake pipes and exhaust are corroded, tires and brake pads were below limit which means that car was illegal during sale and he's got a report from a mechanic to prove it.

Is it not up to buyer to verify condition and legality of the car before the sale?

I would exclude situations where seller lied about car being legal and clearly knew that it's not.

Edited by archibald2016
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A used item sold privately does not have the protection of guaranteed quality. It must be as described but other than that it is up to the buyer to assure himself it is what they want.

 

Don't be tempted to do any form of refund, there are dealers who do this sort of thing for a living by buying and then making complaints at a later date.

 

You also say Quote I sell my cars privately Unquote. If you are selling cars and not just a one off when no longer required, then you are a trader so consumer regulations apply.

 

If you think your problem will be longer than just this post Archibald, then say so and I will make you a thread of your own so we can discuss it in greater depth.

Edited by Conniff
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When I sell my car, I always do it through Autotrader, so I don't part exchange or sell to a business. That's what I meant by private car sale.

I'm not a side here and don't want to take any, but maybe it's worth to create new post.

Just for my curiosity, it looks like car must only meet description, so what if description state "great car" , "good driver" or "no problems or fault codes" and car will develop a fault? I thought that only obvious lies can be used to reject the car, like incorrect mileage or stating that something was replaced and it wasn't.

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When I sell my car, I always do it through Autotrader, so I don't part exchange or sell to a business. That's what I meant by private car sale.

I'm not a side here and don't want to take any, but maybe it's worth to create new post.

Just for my curiosity, it looks like car must only meet description, so what if description state "great car" , "good driver" or "no problems or fault codes" and car will develop a fault? I thought that only obvious lies can be used to reject the car, like incorrect mileage or stating that something was replaced and it wasn't.

 

The car 'must' match the description you give it so if you say 'great car', good driver, 'no problems' you must make sure that it is a great car and that it is a good driver with no problems or you are letting yourself in for problems after the sale should the buyer decide he don't like it or something goes wrong.

 

It's better to not give a description at all and that includes when a prospective buyer is there. Anything you say to him is also part of the contract, so just let them get on with examining the car and making up their own minds.

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Citizens Advise apparently stated that car must meet description on the date of sale and if car met description on the date buyer can't claim rejection. Buyer would have a good case if car was not as advertised during sale so if it was described as 60.000 miles, 12 months MOT and full service history, but sold with 90.000 miles, 3 months MOT and no history then it's easy. If however advert stated "no errors on the dash" and there weren't any, seeller will not be responsible if fault will appear week after purchase.

That would make sense but I agree that it's safer for seller to leave emotional and general statements from description and for buyer to stay away from those

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If however advert stated "no errors on the dash" and there weren't any, seeller will not be responsible if fault will appear week after purchase.

 

Yes he will be responsible. During the six months after purchase, should anything go wrong, then it is up to the seller to prove that fault wasn't present at the time of sale. Just because a dash light isn't showing doesn't mean there is no fault,

It's very easy to reset dashboard lights and them not come on again for a few days.

 

If, however, you are selling privately, then the only requirements is that it is not in a dangerous condition and matches any description given. If it says blue but is red then it doesn't match the description, if them model advertised isn't the same as the badge on the boot, then it doesn't match the description.

 

When selling privately just advertise as 2001 BMW 3 Series, 2 owners and 6 months mot and leave it at that letting the buyer check it out and come to a decision on if it is suitable and worth the asking price.

Edited by Conniff
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