Hi. I sold my 1992 motorhome privately in dec 2018. Sept 2019 the purchaser is now taking me to small claims court saying i missold and described the vehicle. It was 26 years old and sold as good condition for its year. I was not aware of the claim that rust underneath was substantial. The mot advisors stated general rust all over and this was given to the purchaser at the viewing to look at. I am a middle aged woman with no knowledge of vehicles well very little and was and still am unable physically to get under to check any vehicle due to ill health. The purchasers were 2 lads in mid 20's. I insisted they saw it in daylight. Now 9 months post purchase and severe mental health issues they are taking me to small claims court. What are their chances of a successful claim? . I have no money as i am out of work, but do not feel that i should be held responsible. Please advise as its making me very ill.
Sold privately 2nd hand motorhome
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Rule number one, do not describe the condition of the vehicle or anything about the vehicle unless you are confident you can back it up. If you want to avoid claims being made against you, keep any advertisement factual - the shorter the better.
As to their chances, that depends on how the judge interprets the meaning of "sold as good condition for its year" and if misdescribed, whether you handing the MOT over which says general rust all over negates any misdescription in your advertisement.
What exactly are they claiming that has been misdescribed? Given that they are issuing legal proceedings 9 months later suggests they might be trying to chance it.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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