Private sales , good or bad?

[Dustydog]

Reading another thread on here, “Price Guide” set me thinking. BB pretty well sold his last caravan with no problems based on his dealers retail price. But now people are more aware of their legal rights can the private seller rely on “Caveat Emptor”? Indeed I suspect any advertisement and spoken explanation given to a prospective purchaser if proven erroneous may result in problems for the seller. Is there a time limit in Law for bringing an action against a private seller if things aren’t what they should be?? I think I know the answer but wonder what everyone else thinks?

 

[otherclive]

You could use the Small Claims if you have good evidence that the seller wasn't truthful in the advert, or sale discussions. But for some aspect not advertised, discussed or questioned then the private buyer would have minimal, if any chance, under Small Claims Court.

 

[Hutch]

I would think that a private sale, as on my motorcycle purchase, the sale worded, bought as seen , would not have any come back. !!!

 

[ProfJohnL]

It is certainly more difficult to enforce CRA type actions on a private sale, but the same basic requirements stand. The buyer has to do what they can to establish the goods will do what they want, by asking the seller all relevant questions.

Just as with a retail sale, the parties involved in a private sale are all expected to to act with honesty, If the buyer asks a question and the seller knows the answer but deliberately gives an inaccurate answer to mislead the buyer, that could be fraud and potentially actionable.

 

[Buckman]

With a private sale you could use the Misrepresentation Act 1967 . We bought privately many years ago and then found out that the person was actually a dealer posing as an individual as he was selling at least one caravan a month over the past 12 months. The caravan had damp around the front nearside.

We handed the matter over to Trading Standards who went ahead with a case against the individual as we were able to supply all the necessary proof. At that point we traded in the caravan and luckily only lost about £100 or so. No idea of the end result, but I do know that the individual stopped selling caravans.

 

[Beachball]

Got my latest mobility scooter in a private sale it came with new batteries and tyres service history and he even said if not happy return it . so far it has been great .

 

[ProfJohnL]

There is no question, most private sales are perfectly satisfactory, but it does seem that especially higher value products, there is a greater interest in them from the scammers who can and will

• Seek to take your money and disappear along with personal details such as bank accounts etc.
• or to sell you stolen goods,
• or supply inferior goods but charge close to premium prices despite them cost a small fraction of the selling cost.

Just be careful out there, and do check the goods are owned by the seller,
Don't give up your personal details unnecessarily. Satisfy your self the goods are upto standard.
Don't be pressurised into buying before you are ready.
Be ready to say "no" if there is anything at all unclear about the transaction.

Sadly these days it seems you have to assume the worst, and only hope for the best.

 

[Raywood]

Basically it is caveat emptor "buyer beware" unless the purchaser can show the seller either lied or mislead them. The big problem in many cases is the case is based on an alleged verbal communication and that is almost impossible to prove or disprove so it is not practical to take it further.
Advert claims have to be true, so one saying good condition when it is not, or quoting the wrong year would leave the seller open to a claim.
The second problem is that you are normally dealing with an individual and if they have deliberately lied then they are probably going to be difficult to recover from, so you may end up wasting even more money.
If you buy privately be very careful, there are risks as well as money saving opportunities.