Oh FFS! Buyer of my car issued court summons!
Discussion
ac
Stating its excellent condition is just an opinion, even if it's a bag of s
te.
Saying it has a new MOT when it has three months is factual.
Bluebarge said:
For future reference, it is best not to say anything about the condition of the car (eg "excellent condition"), to avoid claims for misrepresentation. Just state mileage and service history etc. Reciting the service history will be more impressive to most buyers than any boast by a proud owner as to the "excellence" of his vehicle, and leaves no hostages to fortune (provided you don't fib).
I'd actually view it as the other way round. Opinion is difficult to misrepresent - facts are very easy! Stating its excellent condition is just an opinion, even if it's a bag of s
te. Saying it has a new MOT when it has three months is factual.
I say this when advertising a car for sale:
"I am not a mechanic, and can only offer my amateur opinion as to the condition of the car. The car is sold without warranty as to its condition."
When I sell a car, I include in the one page sale agreement that I and the buyer sign:
"The car is sold as seen and tested by the buyer, without warranty as to its condition"
"I am not a mechanic, and can only offer my amateur opinion as to the condition of the car. The car is sold without warranty as to its condition."
When I sell a car, I include in the one page sale agreement that I and the buyer sign:
"The car is sold as seen and tested by the buyer, without warranty as to its condition"
Something similar happened a mate.. he might have already seen this thread. Dragged on for a long time until out of the blue just before the 2nd or 3rd court appearance (evidence hadn't been prepared/didn't exist the first time if I remember right) he received a letter from the solicitor stating they were dropping the case..
garyhun said:
Car for sale. Made from metal, plastic and rubber. Wheels go round.
You jest, but I've been looking at ads in Australia for cars priced at £7k-£10k that are three words shorter than that, and include a single photo of a car of some sort parked in a hedge.Perhaps they're just protecting themselves against litigation!
WeirdNeville said:
garyhun said:
Car for sale. Made from metal, plastic and rubber. Wheels go round.
You jest, but I've been looking at ads in Australia for cars priced at £7k-£10k that are three words shorter than that, and include a single photo of a car of some sort parked in a hedge.Perhaps they're just protecting themselves against litigation!
Rollcage said:
The claim is entirely frivolous, and would likely be disallowed before even going near a court once a real judge sees it. I'm guessing this is perhaps an Online Moneyclaim?
It is certainly a claim made via MCOL (Money Claim Online) through Npton CC bulk centre which is why, as previously mentioned, there were spurios characters e.g. #, &^@ - These are generated by the MCOl system in place of punctuation.I would generate a response a defence that included the fact it was a private sale and that the purchaser had adequeate opportunity to inspect the vehicle both on his first attendance and when he collected the vehicle. That he stated he was happy/delighted with the vehicle after the purchase. You should also point out that the purschase price of the car was significantly below trade level as long as you can evidence that in Court (i.e. he could not expect a fault free vehicle for the price he paid) that the vehicle was 9 years old and had 100K miles (if that was the case). Also mention he drove the car prior to purchase and for a week therafetr and did not make any negative comments.
I would ask that the claim be dismissed as having no basis in law and no merit to its arguments and that should it be heard that the Judge consider awarding costs based upon the unreasonable nature of the claim. Set out what your costs will be in terms of your time in preparing the defence (can't remember what a non legally trained person can claim), the true cost of you missing work and attnding Court and the same for any witnesses you might want to call. Make sure you send a copy of the defence to the Claimant with a covering letter and complete an N215 wich you should lodge with the Court.
Good luck and keep us posted!
Probably overkill but that's what I would do.
Edited to remove factually incorrect statement about SOGA
Edited by Tyre Tread on Thursday 20th September 12:58
It is worth trying to knock one urban myth on the head.
All sales of goods in England and Wales are subject to the Sale of Goods Act. A sale by a non trader is not subject to statutory implied terms as to quality or purpose.
A private seller warrants a good title to sell. Any other warranty would have to be expressed. It is not implied. A misrepresentation about the goods sold could also give rise to a claim by the buyer.
All sales of goods in England and Wales are subject to the Sale of Goods Act. A sale by a non trader is not subject to statutory implied terms as to quality or purpose.
A private seller warrants a good title to sell. Any other warranty would have to be expressed. It is not implied. A misrepresentation about the goods sold could also give rise to a claim by the buyer.
daz3210 said:
He could, but if he doesn't also respond to the court, the court could judge in default.
Explain to the court it's a private sale with no warranty. Unaware of any problems with the car, passed through an MOT a month before, and the minute it left the driveway it stopped being his responsibility. That's the accepted way a private sale is done. Breadvan72 said:
It is worth trying to knock one urban myth on the head.
All sales of goods in England and Wales are subject to the Sale of Goods Act. A sale by a non trader is not subject to statutory implied terms as to quality or purpose.
A private seller warrants a good title to sell. Any other warranty would have to be expressed. It is not implied. A misrepresentation about the goods sold could also give rise to a claim by the buyer.
Yes Breadvan72, you are right about SOGA. All sales of goods in England and Wales are subject to the Sale of Goods Act. A sale by a non trader is not subject to statutory implied terms as to quality or purpose.
A private seller warrants a good title to sell. Any other warranty would have to be expressed. It is not implied. A misrepresentation about the goods sold could also give rise to a claim by the buyer.
Apologies to the OP. I have amended my post to remov the incorrect part re: SOGA
Shade said:
daz3210 said:
He could, but if he doesn't also respond to the court, the court could judge in default.
Explain to the court it's a private sale with no warranty. Unaware of any problems with the car, passed through an MOT a month before, and the minute it left the driveway it stopped being his responsibility. That's the accepted way a private sale is done. custodian said:
Terminator X said:
When you buy privately it's sold as seen regardless of it being written anywhere or not.
TX.
where did you get that bit of misinformation from??TX.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff