Ire-land

3 months ago, I sold a 55-year-old car to an acquaintance of mine in Northern Ireland. (I am in Sussex.) The car has a valid MoT until August 2009 and there is, in fact, an article on the car, proving that I had been driving it, in the April 2009 issue of ‘Classic & Sportscar’ magazine. I had owned it for 5 years. I imported it from America in 2004 and it had passed 4 MoTs since being imported, all with the same inspector. The buyer did not view the car prior to purchase and relied on my description and numerous photos that I emailed to him. He also 'knocked me down' £1,500 on my asking price on the grounds that he wanted to remove the engine and repaint the engine and engine bay. I was contacted two weeks ago by the buyer to say that his local mechanic has advised him not to drive the car because a vital bracket that supports the steering idler is missing and has been replaced with an inferior home-made item. In the mechanic's opinion, the car is a 'death trap'. He has subsequently emailed me photos of the offending area showing that the bracket is not missing but that the area has received welding to strengthen it at some stage in the past that may have failed. Quotes for the repair from his mechanic vary between £600 and £1,000 (and, surprise, surprise, he is going to need to remove the engine to do the work.) The buyer is saying that he holds me responsible for the full cost of the repairs. Unfortunately, the distance involved prevents me from popping round for a look at it on a Sunday morning. Everyone I've spoken to says that it's not down to me although I know that at the end of the day, I will end up contributing something because that's the sort of person I am, and he knows that. Sorry to drag on, but where do I stand legally?

Asked on 13 June 2009 by

Answered by Honest John
He has to prove, in court, using expert witnesses, that you sold him an unsafe car. The word of his 'mechanic' (who stands to benefit by doing the rectification work) is not enough.
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