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I just sold (privately) a 15 year old car.

The buyer had a pre purchase inspection carried out, and was told there were some minor defects which needed attention.

The sale still went ahead with these defects not being remedied.

After 10 days, the buyer contacted me and said his mechanic had commented that the car was in an unwarrantable condition.

Repairs required include tyres, suspension bushes and possible steering rack. I have been asked to refund the buyer in full as they believe I had mislead them.

The Warrant of Fitness was current at the time of the sale but was due to expire around the end of September.

I have been contacted twice by phone and have now received a letter advising if a refund is not given a claim will be lodged with the disputes tribunal.

What should I do?

Karen

From the "Ask Jack" archives - 14 December 2009

When you sell a car it is a legal requirement for it to have a new Warrant of Fitness (not more than 1 month old).

You can sell the vehicle without a new WoF provided the buyer acknowledges the fact they are purchasing the vehicle in a 'as-is' ' where-is' condition.

It is always advisable for the seller to write this down and obtain the signature of the buyer to confirm the conditions of sale.

If you can prove the buyer accepted the vehicle without a new WoF then you are not liable in my opinion.

If you mislead the buyer in any way you may be liable for some compensation.

It seems strange the buyer obtained a pre purchase check but did not seek an estimate of potential costs to repair the defect items before committing to purchase the vehicle.