Private Car Sale - Legal advice please???
Discussion
Breadvan72]1. By an agreement made orally on [date said:
, the Defendant sold and the Claimant bought [describe car] "the Car".
2. The Defendant did not sell the Car in the course of a business.
3. The Defendant sold the Car as a private seller and without any express or implied warranty or condition as to its quality.
4. The Defendant makes no admissions as to the alleged defects in the Car, but such defects are in any event irrelevant for the reason indicated in paragraph 3 above.
5. The Defendant denies that he is liable to the Claimant, as alleged or at all.
6. The claim has no reasonable prospect of success. The Defendant will seek the costs of defending the claim.
If asked, the "excellent condition" was what is known as a "mere puff", and in any event an expression of inexpert opinion.
So this is along the lines of how I should respond with my defense??2. The Defendant did not sell the Car in the course of a business.
3. The Defendant sold the Car as a private seller and without any express or implied warranty or condition as to its quality.
4. The Defendant makes no admissions as to the alleged defects in the Car, but such defects are in any event irrelevant for the reason indicated in paragraph 3 above.
5. The Defendant denies that he is liable to the Claimant, as alleged or at all.
6. The claim has no reasonable prospect of success. The Defendant will seek the costs of defending the claim.
If asked, the "excellent condition" was what is known as a "mere puff", and in any event an expression of inexpert opinion.
Thanks
philario said:
Slurms said:
It'll end up being a sticky.
What do you mean by this?Personally I can't see it happening as they tend to be forum section advice threads that are stickied
have a look at the top threads that never move and are always there - they are the stickies
The other issue is that not all sales are the same.
The advice given on this thread is after the OP supplied a rundown of the specifics of the sale and the advert.
If the specifics had been different, the situation is rather less clear cut, thus I'd actually recommend against providing this as a template for others to assume that they are in the same position.
The advice given on this thread is after the OP supplied a rundown of the specifics of the sale and the advert.
If the specifics had been different, the situation is rather less clear cut, thus I'd actually recommend against providing this as a template for others to assume that they are in the same position.
balls-out said:
Breadvan72 said:
I would be happy to draft an FAQ list on commonly encountered civil law issues, but the Mods might not want too many stickies cluttering up the page.
Sounds a cracking offer to me. I would view it as less "cluttering" than the one on trailer licences 
Alternatively what about a sort of wiki on threads by category?
balls-out said:
Breadvan72 said:
I would be happy to draft an FAQ list on commonly encountered civil law issues, but the Mods might not want too many stickies cluttering up the page.
Sounds a cracking offer to me. I would view it as less "cluttering" than the one on trailer licences I'm a bit confused
philario said:
Yes it was my own car, my name on the V5 etc.
I owned it for about 2 months.
I bought the car purely because it was more beneficial than hiring one for a family holiday.
We have a 5 seater renault scenic, but wanted a 7 seater for holiday as we have 3 kids. (more space for luggage & pushchair etc)
I looked into hiring one, but decided to buy one with the intention of selling it after the holiday as we have no need for 2 cars. It made more sense financially to do it this way.
I explained all of this to people who viewed the car to
I owned it for about 2 months.
I bought the car purely because it was more beneficial than hiring one for a family holiday.
We have a 5 seater renault scenic, but wanted a 7 seater for holiday as we have 3 kids. (more space for luggage & pushchair etc)
I looked into hiring one, but decided to buy one with the intention of selling it after the holiday as we have no need for 2 cars. It made more sense financially to do it this way.
I explained all of this to people who viewed the car to
philario said:
I sold my car I used for work a few months back, I'd had it for over a year though, sold it to free up some cash for the 7 seater. I wouldn't have time to even think about being a trader, I have a full time job where I normally do about 50 hrs a week & I've got 3 boys aged 5, 2, & 8 months who run me ragged the rest of the time lol
So was the car you used for work the Renault Scenic or was that another car - which means you did originally have two cars.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff