Understanding Misdescribed Goods and Your Rights
Understanding Misdescribed Goods and Your Rights
When you buy goods – whether it’s a car or another item – from a private seller, you expect them to match the description given at the time of sale. Goods are considered misdescribed if they do not match the details provided in the advert, conversation, or written agreement. For example, if you buy a car that was advertised as having a full service history, but later discover this isn’t true, the car is misdescribed. Other examples include claiming a car has never been in an accident when it has, or stating that it has a certain mileage when the odometer has actually been tampered with.
Your Rights When Goods Are Misdescribed
In the UK, your rights when buying from a private seller are different from those when purchasing from a business or trader. Under the Consumer Rights Act 2015, Section 11, goods must match their description. However, the protections are stronger when buying from a trader. When purchasing from a private individual, the law requires that:
The goods must be as described by the seller.
The goods must be owned by the seller (they have the right to sell them).
It’s important to note that, unlike purchases from a dealer, private sellers are not required to ensure the goods are of satisfactory quality or fit for purpose – unless they claim so in their description.
If the seller makes a false statement about the goods that influences your decision to buy, you may also have protection under the Misrepresentation Act 1967. This law covers situations where misleading or false information leads you to enter into a contract.
Limitations When Buying from Private Sellers
While you do have rights, they are more limited in private sales. The key point is that the seller must not mislead you or misdescribe the goods. You cannot usually claim if you simply change your mind or if a fault arises that wasn’t covered by the description. This makes it especially important to keep a copy of the advert, any written correspondence, and to ask clear questions before buying.
For cars, the importance of an accurate description cannot be overstated. Misdescriptions can include incorrect information about previous accidents, mileage, service history, or even the car’s legal status. If you’re selling a car privately, you have specific legal responsibilities when selling a car, and failing to provide truthful information can lead to legal consequences.
Legal Considerations for Private Car Sales
Private car sales are a common area where misdescriptions occur. If you discover that a car you bought from a private seller does not match its description, gather all evidence, such as the original advert, emails, or messages. This documentation will be crucial if you need to make a complaint or take further action.
If you’re considering buying a used car, it’s wise to protect yourself by following practical tips – see our guide to buying used cars with cheap road tax and insurance for advice on checks and precautions to take before completing a purchase.
Resolving Issues: The Role of a Complaint Letter
If you believe you have bought misdescribed goods, your first step should be to contact the seller in writing. A clear, polite complaint letter outlining the issue and referencing the agreed description can often resolve matters quickly. If the seller refuses to cooperate, you may need to seek further advice or consider legal action. Our template and guidance on this page will help you draft an effective complaint letter to start this process.
Understanding your rights and acting promptly can make a significant difference when dealing with misdescribed goods, especially in private sales. Always keep records, know your legal position, and don’t hesitate to assert your rights if you think you’ve been misled.
When and Why to Write a Complaint Letter About Misdescribed Goods
When and Why to Write a Complaint Letter About Misdescribed Goods
Writing a complaint letter is one of the most effective ways to raise concerns about goods – such as cars – that turn out to be misdescribed after you buy them from a private seller. A well-written letter clearly sets out your complaint, helps you explain exactly what went wrong, and provides a formal record of your efforts to resolve the issue.
Why is a letter important?
Unlike a phone call or casual conversation, a written complaint creates a paper trail. This can be crucial if you need to escalate your complaint or seek legal advice later. It also encourages the seller to take your concerns seriously and respond in writing.
Common situations where goods may be misdescribed:
Misdescribed goods are items that are not as the seller described them at the time of sale. For example:
A car advertised as having a full service history, but the documents are missing or incomplete.
Mileage that is lower than the true figure shown on the car’s odometer.
A laptop described as “new” but showing obvious signs of use.
A washing machine sold as “in working order” that turns out to be faulty.
Even when you buy from a private seller, the law states that goods must match their description. Under the Misrepresentation Act 1967, if a seller makes a false statement that induces you to buy, you may have a right to claim compensation or seek to undo the sale.
When should you send a complaint letter?
It’s best to write to the seller as soon as you discover the problem. Acting quickly shows you’re serious and can help prevent the seller from arguing that too much time has passed. Ideally, send your letter within a few days of noticing the issue, attaching any evidence you have (such as the original advert, emails, or photos).
What outcomes can you expect?
When goods are misdescribed, you may be entitled to ask for:
A refund (full or partial, depending on the situation)
A replacement (if possible)
A repair (for example, if a car has a hidden fault)
Compensation for losses caused by the misdescription
It’s important to note that private sellers are not responsible for faults that develop after the sale, or for issues they did not know about. However, if the goods were not as described, you do have rights.
Why keep records and evidence?
Keep copies of all adverts, emails, receipts, and your complaint letter. This evidence will support your case if you need to take further action, such as making a claim in the small claims court.
If you’d like to explore more options or see other examples of complaint letters, visit our letter templates for problems with goods or services for a wider range of helpful resources.
How to Write Your Letter to Complain About Misdescribed Goods
When you discover that goods you’ve bought from a private seller – such as a car – were misdescribed, it’s important to raise your concerns clearly and formally. Writing a well-structured complaint letter increases your chances of resolving the issue amicably and provides a written record of your efforts. Here’s a step-by-step guide to help you draft an effective complaint letter:
1. Start with Your Details
Begin your letter by including your full name, address, and contact information. This ensures the seller knows exactly who is contacting them and how to respond.
2. Add the Seller’s Details
Include the seller’s name and any contact details you have (address, email, or phone number). If you purchased the goods online or from an advert, use the information provided in the listing.
3. Clearly Describe the Goods
State what you bought, including make, model, registration (for cars), and any other identifying features. Mention the date and place of purchase, and include any reference numbers or receipts if available.
4. Explain What Was Misdescribed
Describe how the goods were advertised and what was promised. Then, explain what you actually received and how it differs from the description. Be specific – mention any misleading statements, missing features, or faults that were not disclosed.
For example:
“The advert stated the car had a full service history and no previous accidents. Upon inspection, I found that there was no service record, and the vehicle had been involved in a previous accident.”
5. Attach Evidence
Strengthen your complaint by including copies (not originals) of supporting evidence. This can include:
Photographs of the goods or faults
A copy of the original advert or listing
Receipts, emails, or messages exchanged with the seller
This helps make your case clear and credible.
6. State What You Want to Happen
Be clear about what you expect as a resolution. For example, you might request a partial refund, a full refund, or for the seller to pay for repairs. State your preferred outcome and explain why it is fair based on the misdescription.
7. Set a Reasonable Deadline
Give the seller a clear and reasonable timeframe to respond or resolve the issue. For guidance on setting deadlines for goods complaints, you can refer to our dedicated resource. Typically, 14 days is considered reasonable.
8. Use Clear, Polite, and Factual Language
Keep your letter professional and to the point. Avoid emotional language or threats – focus on the facts and your legal rights. Being polite and reasonable increases the likelihood of a positive response.
9. Send Your Letter Properly and Keep Copies
To ensure your letter is received and you have proof of delivery, consider sending it by recorded delivery. Always keep a copy of the letter and any evidence you send. For more advice on sending letters and buying goods by post, see our detailed guide.
Remember: When buying from a private seller, your rights are more limited than when buying from a business. However, the law does require that goods match their description. If you cannot resolve the issue directly with the seller, you may need to consider further steps, such as mediation or small claims court.
Taking these steps will help you present a strong, well-documented complaint and improve your chances of reaching a satisfactory outcome.
Sample Letter Template to Complain About Misdescribed Goods Including Cars
When you discover that goods – such as a car – bought from a private seller have been misdescribed, it’s important to put your complaint in writing. A well-structured letter can help you clearly state the problem, show that you are serious, and encourage the seller to resolve the issue. Below, you’ll find a sample letter template you can adapt to your situation, along with practical tips for making your complaint as effective as possible.
Sample Letter Template
[Your Name]
[Your Address]
[Postcode]
[Email Address]
[Phone Number]
[Date]
[Seller’s Name]
[Seller’s Address]
[Postcode]
Subject: Complaint About Misdescribed Goods – [Brief Description, e.g., ‘Used Car – Registration ABC123’]
Dear [Seller’s Name],
I am writing to formally raise a complaint regarding the [item, e.g., ‘car’] I purchased from you on [date of purchase]. You described the [item] as [insert the description given by the seller, e.g., “excellent condition, full service history, and 40,000 miles”], but after taking possession, I discovered that [explain what was misdescribed, e.g., “the car has actually done 60,000 miles and the service history is incomplete”].
According to the Misrepresentation Act 1967, private sellers must not misrepresent goods, even if they are not subject to the same consumer rights as traders. By providing misleading or incorrect information, you have breached this legal requirement.
Details of the Misdescription:
[List each point that was misdescribed, e.g., “Mileage stated as 40,000 but actual mileage is 60,000”]
[“Advertised as having a full service history, but only partial records were provided”]
[Any other relevant details]
This misdescription has affected me because [explain the impact, e.g., “the car’s value is significantly lower than expected, and I would not have agreed to the purchase had I known the true details”].
Desired Resolution:
I would like you to [state what you want, e.g., “offer a partial refund to reflect the true value of the car” / “take the car back and refund the purchase price” / “pay for the necessary repairs”]. I hope we can resolve this matter quickly and amicably.
If I do not hear from you within [set a reasonable timeframe, e.g., “14 days”], I may consider taking further action.
Yours sincerely,
[Your Name]
Tips for Using This Template
Be specific: Clearly state exactly what was misdescribed, including details from the advert, written messages, or any verbal promises.
Stay polite but firm: A respectful tone encourages cooperation, but make it clear you expect a resolution.
Customise for your situation: Adapt the template for any goods, not just cars. Change the details to suit your purchase and the misdescription you encountered.
Keep records: Attach copies of adverts, messages, or photos to support your claim.
What If the Goods Are Faulty or There’s a Delivery Issue?
If your complaint is about goods that are faulty rather than misdescribed, you may find our letter to complain about faulty goods template helpful. For problems where the goods have not arrived or were delivered late, use our letter to complain about non-delivery or late delivery template.
For further guidance and more examples, visit our page on more letter templates for goods and services.
By following this approach, you can make your complaint clear and increase your chances of a positive outcome.
What to Do If Your Complaint Is Not Resolved
If your complaint about misdescribed goods – such as a car bought from a private seller – has not been resolved, you still have several options to pursue a solution. Here’s what you can do next:
1. Follow Up with the Seller
If the seller has not responded to your initial letter or has refused to address your concerns, consider sending a polite reminder. Make sure to set a clear deadline for their response, typically 14 days. Remind them of the details of your complaint and what you are asking them to do.
2. Gather and Keep All Evidence
It’s important to keep a record of every communication with the seller, including copies of letters, emails, receipts, adverts, and photographs of the goods. This evidence will be crucial if you need to escalate the matter.
3. Seek Advice from Consumer Support Organisations
While your rights are more limited when buying from a private seller compared to a business, you are still protected if the goods were misdescribed. If you’re unsure about your next steps or need guidance on your rights under the Misrepresentation Act 1967 or the Consumer Rights Act 2015, you can get more help with consumer issues from organisations that specialise in consumer protection. You might also want to explore more help about a consumer issue if the problem continues.
4. Consider Mediation or Alternative Dispute Resolution
Some disputes can be resolved through mediation or alternative dispute resolution (ADR), which can be a quicker and less formal way to come to an agreement without going to court. This is especially useful if the seller is willing to negotiate but you can’t agree on the outcome.
5. Escalate to Court Action
If the seller still refuses to cooperate, you may need to warn them that you are considering taking legal action. Before starting a claim in the small claims court, it’s good practice to send a formal warning. You can use our warning letter about court action for faulty goods as a template. This letter should clearly state your complaint, what you want the seller to do, and that you will consider court action if the issue is not resolved by a set deadline.
6. Be Prepared for Court
If you do go to court, you’ll need to show all the evidence you’ve collected and demonstrate that the goods were misdescribed. The court will consider whether the seller made a false statement that influenced your decision to buy. Keep in mind that court action can take time and may involve fees, so weigh this option carefully.
Taking these steps can increase your chances of reaching a fair resolution. If you need further advice or support at any stage, don’t hesitate to get more help with consumer issues or seek more help about a consumer issue.
Related Letter Templates for Problems with Goods or Services
If you’re dealing with misdescribed goods from a private seller, you might find it helpful to explore other complaint letter templates for different but related problems. Each of these templates is tailored to specific scenarios you may encounter when buying goods or receiving services. Using the right template can help you clearly state your case and refer to the relevant consumer rights, making it more likely for your issue to be resolved.
Faulty Goods Bought on Hire Purchase
If you purchased goods, such as a car, through a hire purchase agreement and discovered they are faulty, there are special rules that protect you. Hire purchase agreements are regulated by the Consumer Credit Act 1974, which gives you the right to claim against the finance company as well as the seller. For help with this situation, use our letter to complain about faulty goods bought on hire purchase.
Faulty Goods Supplied with a Service
Sometimes, goods are supplied as part of a service – such as parts fitted during a car repair. If these goods turn out to be faulty, your rights are protected under the Consumer Rights Act 2015, which requires that goods supplied with a service must be as described, of satisfactory quality, and fit for purpose. You can use our letter to complain about faulty goods supplied with a service to address this type of problem.
Unsolicited Goods or Services
If you receive goods or services you didn’t order, you have strong legal protections. Under the Consumer Protection from Unfair Trading Regulations 2008, you are not obliged to pay for or return unsolicited goods. Our letter to say you received goods or services you didn’t ask for can help you assert your rights in these cases.
Faulty Goods
Complaints about faulty goods are among the most common consumer issues. If the goods you purchased are not working as they should, and the problem is not simply a misdescription, you are protected by the Consumer Rights Act 2015. This law gives you the right to a repair, replacement, or refund. Use our letter to complain about faulty goods to make your complaint clear and effective.
Non-Delivery or Late Delivery
If the goods you ordered haven’t arrived, or were delivered much later than agreed, you may be entitled to a refund or compensation. The Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013 set out your rights when it comes to delivery. Our letter to complain about non-delivery or late delivery provides a template for raising this issue with the seller.
Exploring these related letter templates can help you address a wide range of issues with goods or services. Whether your problem is with misdescription, faults, delivery, or unsolicited items, using the correct template ensures your complaint is clear and supported by the relevant law. If your situation changes or you face multiple issues, you may find it helpful to use more than one template to cover all aspects of your complaint.
