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agbop1

Hi there,
I purchased a station wagon back on the 1st September by private sale but before hand I sent a text to the owner asking if the vehicle had 4 Wheel Drive as I did not want the car if it did. I was assured in return that the vehicle did not have 4WD. After getting the vehicle checked today it was confirmed that it did indeed have 4WD. Is it possible to go back to the old owner and return the vehicle and expect a refund?

Appreciate your time on this one.

ABayliss

While the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 do not apply to a private sale, the Contractual Remedies Act 1979 and the Sale of Goods Act 1908 are applicable.
Therefore you may have grounds for a refund under the Contractual Remedies Act, as the vehicle that you entered into a contract to purchase was misrepresented to you.
However, it may not be as simple as just requesting a refund - especially after three and a half months. Therefore if you wish to take the matter further and have it heard at the Disputes Tribunal, there will be some potential obstacles you need to overcome.
Firstly, the adjudicator may deem that it would have been prudent for you to have had a pre-purchase inspection, specifically requesting a professional inspector to determine for you whether or not the vehicle was 4WD, as it's quite likely the previous owner genuinely believed the vehicle to be 2WD.
Secondly, was your question specific, in that you did not wish to purchase the vehicle if it was 4WD?
Thirdly, the adjudicator would need to determine whether or not you have been disadvantaged.
From the seller's perspective, even though the they may not have known that the car was 4WD, there is still a possible case against them for "unintentional misrepresentation".
Finally, whether or not you would win this case based purely on the 4WD question is a moot point, but it's likely to be the only reason you may have for rejecting the vehicle. Other reasons such as mechanical soundness, condition of the vehicle, price you paid or any other potential "buyer's remorse" factors would be unlikely to be taken into account.