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Advice needed Sold a car 6 weeks ago and having problems with buyer

tara1082 Avatar
7y, 7m agoPosted 7 years, 7 months ago
Hi all i need a bit of advice,we sold our car 6 weeks ago private sale i had the car serviced 1 week before the sale and have always kept the car in good working order and serviced to the specific standards of ford (was a ford galaxy). It had 10 months MOT and was in perfect working order when i sold it. With no known faults. The buyer came to my house and took the car for a test drive and was happy and made us a offer which was accepted and we done a deal he took the car and that was that. 6 weeks later i receive a text message from the buyer saying the turbo had blown and was gonna cost him £1500 to replace,also that the gearbox is faulty, he says he now wants a full refund and is going to take legal proceedings if we dont give him a full refund which is £2800 he quotes some legal jargon saying he has the same rights as if he purchased from a garage even though it was a private sale.I dont believe we have done anything wrong and we sold the car in good faith and with no known faults.
If anyone can give us some advice that would be great.
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tara1082 Avatar
7y, 7m agoPosted 7 years, 7 months ago
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1 Like #2
let him take legal proceedings. It was a private sale and therefore he has to prove all his claims in court. He has no legal ground whatsoever in relation to buying it from a dealership. The buyer is trying very hard to ruffle your feathers.

He bought the car from you, test drove it. you have evidence that it was serviced and MOT'd on or just prior to the sale. It is his responsibility when buying privately to ensure that what he buys is what he is expecting. You must also to be the best of your knowledge (and given that you aint no mechanic then thats why you have a service log book) to describe the car as acurately as possible and you must state if there are any faults at all with it that you know about.

Ignore him. Tell him that if the legal route is the one he wants to go downt then so be it. Also make clear to him that should he keep harrassing you then you will take legal proceedings against him.
:)
1 Like #3
this is interesting and may help

http://www.which.co.uk/advice/used-car-sales-and-paperwork/rights-and-responsibilities/index.jsp

Legally, a buyer has little comeback against a private seller...

Say your buyer calls six weeks later. The car’s gearbox has failed and he wants his money back. Do you have to give a refund?

Legally, a buyer has little comeback against a private seller. If you described the car fairly and it was yours to sell, there is little he or she can do – even if it breaks down a couple of weeks later and requires expensive repairs. Unless the seller can prove that the car was unroadworthy on the day of sale, you need not offer to help.

If a buyer calls to complain, be polite and sympathetic – but don’t agree to assist unless you really want to.

However, if you advertised the car as having, say, a year’s MoT when it was actually about to expire and you didn’t correct the mistake, the buyer is due compensation.
1 Like #4
I would tell him to whistle as well!

End of the day you serviced it etc and kept on top of it, its just an unfortunate thing that can happen to anyone.
#5
If you buy a second hand car privately
If you buy a second hand car from a private seller you have fewer rights than if you buy from a dealer. Key parts of the Sale of Goods Act don’t apply – there is no legal requirement that a car is of satisfactory quality or fit for its purpose.

However, legally, the seller must:

accurately describe the second hand car (for example, an advert must not say ‘one owner’, when the car has had several)
not misrepresent the second hand car (tell you something about the car which isn’t true – so, for example, if you ask whether the car has ever been in an accident, the owner must answer truthfully)

from which.co.uk
1 Like #6
He hasn't a leg to stand on

You have far less legal comeback when buying a car privately. The only obligation for sellers is to describe the car truthfully - but even if they don't, getting compensation from them can be difficult, time-consuming and costly.
However, you can still expect a car to be:
• Capable of passing an MOT, unless the seller specifies it isn't
• Owned by the person who is selling it - because if you later find out it's been stolen, you have no legal right to keep it
#7
v2drinkers
Tell him to go ahead with any legal proceedings. Stating that when you win you will be claiming costs involved (time off mental anguish etc)

He has no comeback 6 weeks later after a private sale.


Thanks for your advice i am not good with these sort of things and was worried, so your info makes me feel better.:thumbsup:
1 Like #8
The buyer has no come back whatsoever, it was a private sale, ignore him/her, they are just trying it on..
1 Like #9
If the car was sold unroadworthy then they could have a case but i doubt it ....

Read this : :thumbsup:

http://www.adviceguide.org.uk/c_private_sales_and_car_boot_sales.pdf
1 Like #10
Agree with above. Basically when buying a car privately you have no rights. It was sold as seen and it is down to the buyer to get everything checked before buying. It sounds as though he was unlucky, but then you dont know what treatment the car has received in the six weeks since sold.

I think complaining on a text message says about as much about the buyer as you need to know...totally trying it on. Simply ignore.
#11
This is taken from RAC website regarding buying a car from a private seller:

The seller must not mis-describe or misrepresent the vehicle - to this end if the car is described as having had just "one previous owner" and this should turn out not to be the case then the car has failed to conform to its description and a claim for compensation or rejection might follow. As above the description must have been made prior to the sale and must have been a factor in deciding to buy the car.

As you can see the usual rights that you expect from a dealer are not applicable and there is usually little that can be done about a car that has developed a defect after sale unless the sale was prompted by a mis-description.


also check out this PDF from Citizens Advice Bureau - Secondhand cars
#12
Mecoconuts
If the car was sold unroadworthy then they could have a case but i doubt it ....

Read this : :thumbsup:

http://www.adviceguide.org.uk/c_private_sales_and_car_boot_sales.pdf


The car was taken on test drive and has covered 1356 miles since he purchased it from me.
Thanks again for all your advice.
#13
just ignore him he might of done something to the car himself
#14
As suggested earlier, ignore him, don't get involved, he hasn't got a hope.

Ignore any further communication from him, you have done nothing wrong.
#15
v2drinkers
To prove the car was unroadworthy the buyer would have to prove the fault was there when sold.

As the seller (the OP) had the vehicle serviced 1 week before the sale he has proof that the fault (if any) was not pointed out to him by her garage.:thumbsup:

Hence the buyer of the vehicle has been in hospital lately for multiple amputations :whistling: (no leg to stand on:thumbsup:)


LOL i like that one thanks
banned#16
Hi tara1082

I was just looking at the OP and noticed this which indicates you just recently purchased the galaxy. The time of purchase from the time of sale seems very short, but your OP indicates to me that you had the car a while and looked after it well.

Of course it's your perogative to own and resell whenever you like and without question, but I get a slightly different impression than the one you portray.

Sorry, just drifting into Misc and views and opinions are solely my own.

Normal advice would be, buyer beware - as long as the owner was genuine in description.
#17
aScottishBloke
Hi tara1082

I was just looking at the OP and noticed this which indicates you just recently purchased the galaxy. The time of purchase from the time of sale seems very short, but your OP indicates to me that you had the car a while and looked after it well.

Of course it's your perogative to own and resell whenever you like and without question, but I get a slightly different impression than the one you portray.

Sorry, just drifting into Misc and views and opinions are solely my own.

Normal advice would be, buyer beware - as long as the owner was genuine in description.


Yes we did not have it long and the ford galaxy had been in my family for 5 years we only sold because my partner was made redundant and we could not afford 2 cars. As it states clearly in the zafira listing i would never sell a car that was faulty. Thanks for your advice anyway.
#18
Blown Turbo

Faulty Gearbox

= Thrashed

If it was ok when you sold it then theirs little he can do, Of cause he can take legal action but that would just leave him with even more to pay out.

He's 90% probably trying to make you bluff, Tell him to go ahead.
#19
You are legallly in the clear as a private seller but if I sell a car I always give a receipt with the words "sold as seen and approved" I don't have to but it saves worry later.
I once sold a car and two years later a random man phoned me and told me the engine was faulty and had been changed from the original. It as news to me and don't think it was true but he didn't even own the car he was a friend of a friend. He tried to blackmail me saying the engine was stolen and he had contacted DVLA. I was really upset as I had done nothing wrong. I took advice and the next time he called I advised him that I had contacted the police and he should do the same.............I never heard from him again.
Don't forget that there are some people who want to make money out of every situation and try to use bullying tactics.
banned#20
aScottishBloke

Sorry, just drifting into Misc and views and opinions are solely my own..


Wow a mod with an opinion :thumbsup: good on you

My old house mate sold a car to someone and they tried asking for him to pay for the blown turbo. Isn't it people ragging the engine that makes it blow. Surely they wouldn't put turbos in cars just for them to blow so readily?

Perhaps he wasn't happy with the car and thought he could get a full refund by blowing the turbo, surely he would just ask for you to get it repaired rather than a refund. Either way you don't have to do anything, tell him you sold it in good faith and can help him no further.
#21
lumoruk
Wow a mod with an opinion :thumbsup: good on you

My old house mate sold a car to someone and they tried asking for him to pay for the blown turbo. Isn't it people ragging the engine that makes it blow. Surely they wouldn't put turbos in cars just for them to blow so readily?

Perhaps he wasn't happy with the car and thought he could get a full refund by blowing the turbo, surely he would just ask for you to get it repaired rather than a refund. Either way you don't have to do anything, tell him you sold it in good faith and can help him no further.


Turbochargers blow for numerous reasons, intrinsic failings in the design (more common at the present time), poor servicing (i.e. poor quality oil or oil not replaced soon enough), instrinsic errors in servicing schedules (i.e. too long!), manufacturing defecfs etc. etc. For cars like the Galaxy, this is far far far more likely than abuse by the driver.
#22
Nothin to worry about.
He's just tryin to blag it!

Could serve as a lesson to you tho. Do what i have always done and write on the receipt "Sold as seen, tried and tested" :thumbsup:
#23
magough
Nothin to worry about.
He's just tryin to blag it!

Could serve as a lesson to you tho. Do what i have always done and write on the receipt "Sold as seen, tried and tested" :thumbsup:



Does no harm, but actually means nothing legally, there is no come back on a private sale, so not really necessary.;-)
#24
He's had it 6 weeks and done over a 1000 miles since he bought it. For all you know he could have done them in 2nd gear revving the knackers off it. If it had broken down after a mile or two he might have more of a case but 1300? He's trying it on (as I would in his position, hoping the seller doesn't know their rights!).

For peace of mind I'd give the CAB a quick call.
#25
Tha buyer should have paid AA or Rac for a full inspection . This is a special service to avoid these problems . He took the risk . Ive known of people who's cars have been stolen and returned with in a day or 2 with engine blown and gearbox probs . 6 weeks is a long time
#26
amcol
I would tell him to whistle as well!

End of the day you serviced it etc and kept on top of it, its just an unfortunate thing that can happen to anyone.


id tell him to take a flying ******

6 weeks later !!! & he wants money back, he's having a giraffe :x he could have done anything to it !

id stand your ground :thumbsup:
banned#27
aScottishBloke
Hi tara1082

I was just looking at the OP and noticed thiswhich indicates you just recently purchased the galaxy. The time of purchase from the time of sale seems very short, but your OP indicates to me that you had the car a while and looked after it well.
Of course it's your perogative to own and resell whenever you like and without question, but I get a slightly different impression than the one you portray.

Sorry, just drifting into Misc and views and opinions are solely my own.

Normal advice would be, buyer beware - as long as the owner was genuine in description.


i thought exactly the same
#28
Mecoconuts
If the car was sold unroadworthy then they could have a case but i doubt it ....

Read this : :thumbsup:

http://www.adviceguide.org.uk/c_private_sales_and_car_boot_sales.pdf


Having a dodgy gearbox/turbo wouldn't qualify as unroadworthy (barring possible emissions problems in the case of the turbo) as neither are tested at an MOT. He'd have more luck on that score if the washer motor didn't work :lol:

As others have said, no comeback on private sales. Been there done that, bought a car and 5 days later it went up in flames while parked on a drive, uninsured so I lost the lot.
#29
Any more news on this tara?
banned#30
sassie
i thought exactly the same


you two are smarter than us flotsam and jetsam
#31
Spriggan
Any more news on this tara?


He sent me email saying he would be around my house today for his refund,i told him not to waste his money as he would be getting nothing. But he could come round if he so wishes. Anyway i am on holiday at the moment so no one would be home.
banned#32
Evil_monkey


For peace of mind I'd give the CAB a quick call.


Was it a Taxi? :w00t:
banned#33
guv
Was it a Taxi? :w00t:


Taxi for Guv :thumbsup:
banned#34
tara1082
He sent me email saying he would be around my house today for his refund,i told him not to waste his money as he would be getting nothing. But he could come round if he so wishes. Anyway i am on holiday at the moment so no one would be home.


Hmmm. I wouldn't be too happy if he called round when you weren't there. Have you told your neighbours to look out on the house for you?
banned#35
dog_cop
Taxi for Guv :thumbsup:


I'll get me coat! :w00t:
#36
tara1082;5383694
He sent me email saying he would be around my house today for his refund,i told him not to waste his money as he would be getting nothing. But he could come round if he so wishes. Anyway i am on holiday at the moment so no one would be home.


lol if he thinks he can get his money back. If he does keep calling round the call the police :thumbsup:
#37
Predikuesi
He hasn't a leg to stand on


lol

Some foking chancers in this world, 6 weeks later :w00t:

Tell him to chase himself....

Even 2 days later, (Unless you had a quilty concense SP) he has no comeback with a private sale...

maxmix
#38
magough
Nothin to worry about.
He's just tryin to blag it!

Could serve as a lesson to you tho. Do what i have always done and write on the receipt "Sold as seen, tried and tested" :thumbsup:


Also... Done it that way for 25 years since I was 16, passed down from my Dad lol

And both sign the piece of paper, use 2 pieces...

(No PC's back in my day lol) Well my Speccy could thermal print lol

maxmix

PS Any threats made by the buyer, report it to the Police straight away....

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