Verbal agreement legally binding?

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    • #136323
      AvatarTina Harley

      On 7th July I bought a Chevrolet Tacuma from a trader. The car had 35,000 miles on it, full service history and a year’s MOT.

      The trader drove it around for approx 15 mins and all sounded okay and it ran okay. The following day I picked it up. The trader verbally told me there was no warranty and no ‘comebacks’ on the car. He had written out a receipt stating this which he intended me to sign but I didn’t. I had a problem with it on my way home but was too far away to turn around and return to him. I text him to say I would get the problem investigated.

      The car is an automatic and jumps out of Drive. I had the transmission oil changed but it didn’t resolve the problem. I then booked it into another garage for diagnostic tests and it has shown a couple of faults and the gearbox will need to be removed, bringing with it a very costly bill.

      I text the trader asking for a refund on the car and he flatly refused, stating that he told me there would be no comebacks. I have put my request in writing to him and again got a very curt letter saying no.

      My question is, do I have any legal standing even though he told me verbally that he wouldn’t take the car back?

      Many thanks

    • #136996
      Stuart MassonStuart Masson

      Hi Tina. Generally no, a verbal agreement is meaningless unless both parties agree that such an agreement exists.

      You said that he provided written notice that there was no warranty on the vehicle, however that does not override your rights under the Consumer Rights Act.

      For more information, have a read of our guide to rejecting a faulty car.

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