Private car sale, seller obligations?

[srad34]

Hello all,

I am looking for some advice regarding the correct course of action I should take.....

 

Basically, I sold a car privately in December (2001 Fiat Punto) and despite a sucessful test drive and having the car MOT'd before collection, two hours after they took the car away, they text me to say a fault with the steering had developed. The buyer claimed they had the right to demand refund/replacement/repair. I dismissed this as they made no attempt to discuss the issue, continued to drive a car with a steering fault etc and were non negotiating at this stage.

 

They appear to be quoting 'Sale of Goods Act 1979' as their rights as a trader. I am not and never have been and this is a private sale. Despite clarifying this, the buyer is still demanding their rights and intend to pursue claiming that the advert was misleading.

Consumer Direct told me that I did not have any legal obligations to refund, but engage in discussions to come to come to go an agreement.

Three key things:

 

1. The fault they are claiming the car is a common fault well known on this car and I actually told them about this known issue prior to them leaving a deposit (basically the electric power assist shuts off leaving the steering heavy)
   
2. They have provided no proof of the fault and have requested £230 for a friend to repair the damage.
   
3. The steering functioned correctly and passed an MOT some 2 days earlier - no issues. They drove the car for 50 miles before realising there was a fault??
   

I need to know where do I stand, despite writing to the buyer to state the position, they still demand money and 'intend to pursue'.

This is incredibly stressful situation and I seem unable to get clarity on if I legally have to offer money, write back or just ignore ...

 

1. 
   

[crem]

Provided you did not intentionally mislead the buyer by stating something in the advert that was untrue, or purposely leave out something that would be important to their decision to buy, then I believe you are left with "buyer beware" syndrom.

 

They had the advert (and I am assuming there was no untruths in that), they took a test drive, and have driven it successfully away. You have no obligation under SOGA as you are not a trader. Even if they did have a case through SOGA, they must report the fault to the seller (trader) who must be given the opportunity to repair or refund against the fault. They cannot just get it fixed "by a mate", then hit the trader with a bill.

[sailor sam]

The MK2 Punto has an electrical assisted steering system which is powered by a motor on the steering column. It is a sealed unit either works or it dosn't. If it worked on the test drive then obviously you could not of forseen it failiing IMHO. I'm assuming they have pressed the 'City' button on the dash? Also does the 'City' light illuminate on the instrument panel? How long have you owned the car and were you listed as the RK on the V5? BTW, the car is still roadworthy if the system dosn't work.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[srad34]

The MK2 Punto has an electrical assisted steering system which is powered by a motor on the steering column. It is a sealed unit either works or it dosn't. If it worked on the test drive then obviously you could not of forseen it failiing IMHO. I'm assuming they have pressed the 'City' button on the dash? Also does the 'City' light illuminate on the instrument panel? How long have you owned the car and were you listed as the RK on the V5? BTW, the car is still roadworthy if the system dosn't work.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

I bought the car of a friend of a friend, I bought it as it was left unused on his drive for a couple of months (expired MOT) and he wanted it gone. It was registered in my name as my intention was to MOT it and use, but I decided to sell to fund a bike project. I am not sure if the city button even worked as he said whenever he used it, it was intermitent. In normal mode, it steered fine, and I even recommened to the buyer not to use the function as they were a common fault. The Electric power steering provides assistance to a basic rack & pinion set up, so the steering becomes heavy if it fails and parking is difficult.

Thing that bugs me is that the car drove and no issues were flagged on the MOT except some welding which I also paid for at my cost.

 

I just feel that they are trying to take advantage of my good nature as I was very detailed in terms of specific faults that are common with Puntos. The letters they have sent heavily focus on 'trust' as an emotive bribe.

Consumer direct advised that a private advert is meerly an opinion as I am not a qualified mechanic or vehicle trader, it is down to the buyer to make the required checks...

[sailor sam]

Well I have the HGT version (from new) which is now approaching 12 years old and mine workls fine! Having said that I hardly ever use it. From what you describe it could either be a dodgy connection somewhere or the bushes. I'm not sure if the latter can be changed. As far as I know it comes as a complete unit (the steering column). As long as you are 100% not a trader then you have nothing to worry about. SOGA will not apply. As I said before, it wouldn't make the car unroadworthy. Up to you how you handle it but as I see it you have no legal obligation towards the buyer.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.