Can anyone offer some legal advice RE: problems after sale of car?

[phoenixflower]

Am posting this on behalf of my SIL, hoping someone can advise

Car was sold via ebay 2 weeks ago in v. good condition ( no known problems that were not disclosed). Clutch was totally fine, SIL had never had a prob with it, and was driving car right up to point of sale with no problems.

Someone bought the car, came to collect ( didn't want a test drive - just took it), signed to say she was happy with condition, sold as seen etc, all offical documents filled out and off she went. ( she lives over 2 hours away and drove car home).

The next day she emailed my SIL to say that there was a prob with the gears and she was going to take to her 'local garage' to get a quote.

SIL didn't hear anything for a week, and then the lady has been in contact to say her local garage has said she needs new clutch, rear breaks etc at a cost of over £450. She wants SIL to pay up or she is taking her to small claims court.

All documents were filled out on day and sent off, so legally car is the woman's by now I think ( nearly 2 weeks ago).

Does SIL have to pay up? What should she do? Any advice is greatly recieved.

Thank you

I would have thought it's tough luck, isn't it? She should have got someone to check it over (the AA do a full check on cars for example, we used them once when we bought 2nd hand), and the fact that she signed to say that she was happy with the condition I would imagine waives all further responsibility. Hopefully someone with a legal background will come along soon and tell you where you stand.

As your SIL is a private seller the car must be roadworthy and must match the description. That is the only legal requirement. If your SIL was a car dealer the vehicle would have to be of satisfactory quality taking into account its age and price. As she isn't a dealer the buyer cannot complain about the quality of the vehicle.

It is likely that the buyer is trying it on. The fact she took it without a test drive is telling. It seems there are some people who buy second hand cars then complain about alleged "faults" in the hope that the seller pays up. Meanwhile they sell on the car leaving them with a quick profit.

Your SIL should refuse to pay up. She is not liable for the alleged faults. But don't refer to the "sold as seen" agreement - that carries no legal weight.

I would say "tough luck" too. If the car has MOT and up to date service schedule, then that's that. She is trying it on.

Thank you all so much. Am going to pass all this on to my SIL, hse is gettng in a right state, has gone to CAB this morning as she is so worried.