Are private sellers obliged to pay for car defects?

Questioner

as a private individual we sold our car to a private buyer. The car has a new MOT, for sale. The buyer knew that the car tires had to be replaced, that is why the sales price dropped. Now the garage of the buyer has determined during the tire change that more maintenance is needed. The buyer wants us to pay for these costs. We were not aware of any repairs that the car was due. The car is from 2004, always had proper maintenance. The buyer threatens with a lawyer and wants to recover all costs from us.

Lawyer

Good afternoon, In principle, you must deliver a sound car when selling, even if it concerns private individuals. As the claimant, the private buyer must demonstrate that the car had defects that were known to you (or should have been). An indication of this is when the defects occurred after the car was sold. The buyer also has a certain degree of duty to investigate. Consider the buyer taking a car mechanic with him when the car is sold. If you can also demonstrate that the car has always been properly maintained, the chance of success of legal action by the other party will probably not be promising. After all, the burden of proof rests with the buyer. In order to give a concrete answer to your legal position, all facts and circumstances must first be investigated. If you wish to discuss your case further, you can always contact us without obligation. Gr, Silvienne Leito FerLei Legal 06-49175526