Sold car with no warranty getting threatened to court?

[Hussnainh8]

Hello

So I am a trader and i advertised a car for a reduced price due to clutch slipping and buyer called me asking if i deliver which i told them yes. Before paying the delivery cost they text me to ask if there's warranty which i said no as its already reduced and cheap for a quick sale. At no point did the customer ask me over the phone or texts if the car had any faults and i had already assumed they must have read the advert (common sense) before deciding to buy the car.

Car was driven to them and they also had the chance to test drive the car and check everything before buying it which they did and decided to buy it. Again not ones did they ask if theres anything wrong with it and i didnt mention anything too as it was in the description anyway.

7 days later i get called the cluch is slipping and cars not driveable anymore... I told them over the phone I did advertise it as clutch slipping so it may have packed up now and you will need to get it replaced sooner than later, which they said they didnt know about. I then asked if they read the advert which they said no and i told them there's not much i can do as they should have read the advert before buying.

The lady said okay thats fine over the phone but then 2 days forward from that i get another call and its her husband accusing me of selling a dodgy car and that they will go to court etc. I want to know now where do i stand with this now as i dont seem its fair on me that i have to go collect the car and lose sale time and advertising etc just because they where careless to read the advert in the first place.

I could give the option for a refund but take out my costs and time etc out of it or just tell them go through court? Whats the best option here?

Thanks.

[atticus]

As a trader, you should make yourself aware of your obligations under the Consumer Rights Act 2015. In particular:


The Right to Goods of Satisfactory Quality (Section 9): Goods must be of satisfactory quality, fit for their intended purpose, and match any descriptions provided by the seller. If the goods do not meet these standards, the consumer has the right to a repair, replacement, or refund within 30 days of purchase.

The Right to Reject (Sections 22-24): If a purchased item is faulty, the consumer has 30 days to reject it and get a full refund. After the first 30 days, he still has the right to a repair or replacement.

The Right to Repair or Replacement (Sections 19, 23-24): If a product develops a fault within six months of purchase, it is presumed to have been faulty at the time of purchase, unless the seller can prove otherwise. During this period, the consumer has the right to request a repair or replacement.

The Right to Refund (Sections 20, 24): If a repair or replacement is not possible or does not solve the issue, the consumer has the right to a refund. The amount of the refund may be reduced to account for any use you've had from the product.


The wording of your advertisement may help you if you gave a sufficient and accurate description of the problem. Otherwise your customer has the right to receive a full refund.

[Hussnainh8]

Okay thats perfect exactly what i wanted to know. It was stated in advert it came with a fault so as far as i know they where aware of thst before buying. I can understand if there was a fault with the car which i didnt mention to them already and it developed within that time frame then by all means they are entitled to a refund but it was sold with the fault.

Thank you.

[Pezza54]

Citizens Advice is that the dealer should tell the consumer about the fault with the vehicle at the time of sale and explain the fault in as much detail as possible.
The buyers have confessed they did not see the advert or if they did they did not read the sentence about the slipping clutch. They may have a valid court claim

[theberenger]

It's worth mentioning and you remembering that, as a trader, you are not permitted to diminish your buyer's statutory consumer rights.

In other words, you can write "sold as seen", "no warranty", or any other such statements until you're blue in the face, but the only affect that has is to remove any additional warranty over and above the buyer's right to a safe and operational motor vehicle you might have applied. There is nothing you can say or write that removes the buyer's right to that safe and operational vehicle.