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Sun 31 Mar, 2019 10:48 am
A few days ago I negotiated the purchase of a used car from a friend of a friend. A price was agreed £500, and the following morning I met the chap at a local cafe and paid for the car (cash) and the owner handed me the documents. This was witnessed by a couple of friends of both myself and the seller. An hour later, after a few coffees, we left the cafe and the seller of the vehicle that I had now bought offered to drive the vehicle to my house. A third party (one of the friends mentioned earlier) would follow us and then drive the seller from my home back to his home to save a taxi fare.
I arrived home in my car followed by the seller in the car that I had just bought, followed by my friend who drove up the road to find a turning area.
The seller of the vehicle alighted from the sold vehicle and said “ I’ve changed my mind, I don’t want to sell the car”.
I said “the car is sold, you’ve accepted the money, the car is now mine”.
The seller repeated his statement and I then repeated mine. This happened maybe three times. The seller then took the £500 from his wallet, threw it down on the garden wall, got into the vehicle and drove off despite my protestations.
What do I do, what are my rights under the law? Was there a contract (verbal). Does the money changing hands cement that contract?
Can the seller take back the car after he has accepted the money from me?
Many questions I know, but I am really hacked off about this. I actually purchased parts for this vehicle and spent hours researching the vehicle. I want to approach a solicitor but is there any point?
Your advice would be appreciated if you have any constructive input to make.
Many thanks, ��
Hiya JJ, are you familiar with the phrase, ‘Rock and a hard place’ or ‘Catch 22’? Well that is where you’re at.
Any arrangement mutually agreed can form a contract. The contract usually begins at the time of a signature, handshake or enactment of the terms.
On the facts given, the exchange was made in the café and the contract completed in full, so the vehicle was now yours.
However, you now have an uninsured vehicle on a public road that is also untaxed. The sellers insurance became invalid the moment he sold the car; therefore he was driving a vehicle not owned by him and untaxed on a public road, to which you were an accessory.
If to avoid this complication, you had previously agreed that the seller would drive his vehicle to your address and the sale would be completed when you took possession of it… Then the seller is responsible for the goods until they are in your physical possession.
I would suggest that if at any point the seller gave you both keys and documents proving ownership, the vehicle was yours and you committed the offences mentioned above.
If the sale was to be at your premises and you still have the vehicle registration documents then I suggest you file a complaint with the local police that your vehicle has been stolen.
However at this point the seller can claim he withdrew from the contract before transferring ownership.
I would therefore suggest you write to the Driver and Vehicle Licensing Agency (DVLA) stating your case and if they agree to register the vehicle in your name, you can pursue a claim for the return of your car.
Please note that this opinion is supplied pro bono and without liability.
@Tryagain,
Hello Tryagain, thanks for your help.
Hmmmm. Food for thought, I hadn’t considered all of that, in fact I was unaware.
The owner did in fact hand me the documents and both keys so the ownership of the car did transfer to me.
Bugger, that leaves me in a difficult situation.
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