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Sold car privately, buyer wants me to pay for fixing it after couple of days later.


aurifere
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Hi Everyone,

 

In November I have bought a car for my wife, but she said she wants something smaller to drive, so I decided to sell it.

I was a legal owner of the car, V5 was on mine name and address. I'm not a car dealer, it was a private sale.

 

This is a copy of my ad on AutoTrader:

"Features & Description:

85k Miles with Full Ford Main Dealer Service History,

Long MOT, Low Insurance, Cheap to drive, HPI Clear, 2 Keys, Excellent Overall Condition, Clean Inside and Out,

 

 

Some Little Age Related Scratches but Nothing Serious, No timewasters, tyre kickers or business offers, please.,

 

 

Full service history, Next MOT due on 21/09/2015, Electric windows, Air conditioning, CD player, Height adjustable driver's seat,

Folding rear seats, Metallic paint, Spare wheel (Space-saver), Power steering, Steering wheel rake adjustment,

Steering wheel reach adjustment, Traction control, Central locking, Alarm, Immobiliser, Driver's airbags, Passenger airbags."

 

Guy came last Tuesday, before, he asked me on the phone about any issues,

I told him about scratches, high clutch( which worked ok, with no slips etc.)

He was happy and came to see it.

 

 

On my driveway he was examing the car very deeply, he checked everything, car itself and all documents.

I was trying to be as honest as I could, told him everything about the car,

I showed him all scratches, scuffs etc.

 

 

We have been on a test drive, we did about 10miles using town roads and motorway.

The car worked as it should, to only issue was a hardly noticable something like a "whizz" on the 5 gear.

We both agree that is nothing serious, everything worked properly.

(When I bought a car my mechanic also checked the car and he didnt find any faults)

After that buyer was very happy with my Ford and we made a deal.

 

We have signed a Car Purchase Contract, where one of the point is:

- "The seller undertakes to carry out work on the car" - He ticked NO

and also

 

- "The buyer accepts the car with specified faults" - He ticked YES

 

Then he took the car and drove it home (about 200miles!).

 

Five days later (last Saturday) he phoned me and said, that I sold him a damaged car!

He had big difficulties on his way home, then he went to Ford garage where been told that there is a leek

and some fault with the gearbox and it will cost 1200 Pounds to fix it!

And he already spoke with lawyer and if I not cover that bill he will meet me at court because:

 

a) I sold him unroadworthy car.

I found on Citizen advice bureau website that:

"A vehicle is unroadworthy if using it would cause danger to the driver, passengers, other road users or pedestrians.

Common signs that a car may be unroadworthy include:

 

 

  • headlights that don’t work
  • faulty brakes
  • cracked wing mirrors
  • worn out tyres
  • seatbelts that don’t work properly
  • a faulty exhaust system."

So I cant agree with him, all these where work perfect and the car was safe to drive, he also checked the car very carefuly and was really hapy with it

 

b) He sais the that ma car didnt match the description from Ad,

because i stated that "car is in excellent overall condition" which I in my opinion was on Tuesday.

It wasnt perfect ( I said to this guy many times that car is not perfect, there are some scratches,

high clutch, cause its 6 years old, and 85k miles, but still looks and drives very well,he was ok with that)

 

c) He said that I wanted to sell it after a month, because I knew was faulty, what is completely not true.

 

Do I need to worry? When I was selling car everything worked as it should. I didnt force him to buy it!

 

I am also wondering why he didnt call me on Tuesday, when like he said:

"Had big problems with driving this car home" ? Or even next day?

Its weird for me, and I dont want any problems, pay any money, or going to any courts.

 

If You could give me any advices I will be very grateful,

cause I didnt sleep last night because of that. Thanks.

Jack.

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Even though you are a private seller and therefore not bound by Sale of Goods legislation, people would still be entitled to expect that the car you have sold them is at least in the advertised condition. Ih your buyer can show that it was not then he would have the basis of a claim against you. Additionally, I expect that even as a private seller you are bound by the rules which require you to sell a vehicle in safe/roadworthy condition. However, you need to check this up in the RTA 1988. However, the faults you have listed here are not ones which would affect an MOT.

 

Of course if your buyer did inspect it then to a certain extent you are protected - but was it really a thorough inspection and are the faults which he says that he has discovered, if the type which a reasonable inspection might disclose?

 

I think that you are entitled at least to a full professional report and a two estimates for the cost of any work. However, in a claim against you if he won, you would probably have to refund the cost of the report.

 

What are the specified faults in the contract?

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What is he specifically complaining about?

 

He is complaining that I sold him a damaged car, unroadworthy, and I stated in AD that the car is in excellent condition.

 

He was testing the car 2.5h, he checked every single thing, every single bulb, was very happy with the car.

He paid asking price and drove home.

 

 

5 days later he phoned me and said that he had big problems while driving home.

 

And I stated that car is in excellent condition because in my subjective opinion it was when selling.

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then you claim off the bod that sold you the car then!

 

 

you didn't cause the damage in one month

 

 

pass the buck.........

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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A. You're not a mechanic

B. You're a private seller

C. A leaking gearbox is not dangerous

D. He inspected the vehicle and was happy to buy it in the conditions it was

E. Excellent Overall Condition sounds to me that, given age and mileage, the car has been kept in good nick, not that it's as good as new.

F. You don't know what he's been doing in the 4 days he had the car. As far as you are concerned he could have entered a rally competition.

 

In my opinion you should put all these points in writing to him (elaborate of course) and refuse to part with any money.

Close the letter/email by wishing him good luck with his court case against you.

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A. You're not a mechanic

B. You're a private seller

C. A leaking gearbox is not dangerous

D. He inspected the vehicle and was happy to buy it in the conditions it was

E. Excellent Overall Condition sounds to me that, given age and mileage, the car has been kept in good nick, not that it's as good as new.

F. You don't know what he's been doing in the 4 days he had the car. As far as you are concerned he could have entered a rally competition.

 

In my opinion you should put all these points in writing to him (elaborate of course) and refuse to part with any money.

Close the letter/email by wishing him good luck with his court case against you.

 

You are right I think, I will write him a letter and explain my points of view. I was planning to do it over the phone, but I get nerve easily so it will be better to do it in writing.

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He checked the car, he accepted the car. It took him 5 days to inform you that he had problems on the homeward journey? I think that he's trying it on.

 

You endeavoured to honestly advertise and represent the vehicle, which he's picked up on and is attempting to exploit it. Why did he pay the full asking price?, did he negotiate or make an offer?, if not it could have been with a view to getting some money off you later by citing a car with problems.

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I received a letter today from the person who bought it. This is an oryginal letter from his mechanic. Its from 17th December, day after he bought the car. It says:

 

"After Inspecting your car for the noise in 5th gear we found that this is probably due to oil leak from the gearbox. The leak is coming from the selector shaft detent plunger which would help hold a selector in place of any selected gear. We have refilled the gearbox with oil and tightened the plunger. This however has not resolved the problem, the noise is still eveident but also when 5th gear is selected it will jump out of gear making the car dangerous to drive as it may happen at any time. To replace the gearbox and possibly a clutch it would be around 2560.00 all inclusive. The price is using genuine ford parts. A second hand gearbox would be much less at around 1200 all inclusive, subject to availability."

 

Like I said before, the noise on the 5th gear was really hardly hearable, it completely didnt affect the driving, also when you were listened to the radio, you couldn't hear anything.

Now gear jumps out as letter stated.

I didnt know nothing about any leaks, there was no any stains under the car. When the buyer was testing the car he also didn't worry to much about that noise, he noticed that, but he was more concentrated or other things about the car.

And he was happy with it and with smile decided to buy it.

 

It will be stressful Christmas for me.

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Stop getting stressed and worrying about it.

 

He has absolutely no claim on you.

 

 

He should have noted any problems during his 10 mile test drive. He is trying to con you, don't listen to him or respond to any more of his correspondence.

 

 

Now forget all about him and enjoy your Christmas.

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the test drive means that he had the time to fully inspect the goods. If he wanted an expert opinion he shuld have brought someone with him at the time and then decided whether he wished to continue with the purchase. basically, tough. If you feel the need to respond to his letter (and i wouldnt) just say that you have received his letter and you have noted its contents.

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Another week has passed aurifere, how is it going ??

 

Last weekend he asked me to send him details of the previous owner, because he wants to contact him. I refused, not even sure if I still got it. Then he texted me that he will send me a letter.

Thats it for now, I am trying to think about tomorrows New Year Eve party.

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That's the way, think about new years and have a pint for him, oh and one for me :)

 

 

Edited to add:

 

 

I don't think you should respond to any more of his texts, phonecalls or letters, just file them away and have no further contact.

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Hi everybody, I'd like to wish you all the best in 2015.

At the beginning thank you for all your replies.

 

I would like to show you what I've got from the buyer as a New Year present. He just sent me the:

"Letter Before Action

 

Dear Mr .......

Further to our conversation on 20th December, I am formally writing to advise you of my course of action with regards your sale of Ford Focus (reg) to me on 16th December 2014.

 

It is my belief Mr ..... that in selling the car you knowingly misinformed me as to the true condition of the vehicle by failing to specify a serious and potencially dangerous fault with the gearbox. (In the previous letter from his mechanic, the guy wants me also to pay for replacing the clutch)

 

Furthermore, by concealing this major underlying fault you wilfully sold me an unroadworthy vehicle in contravention of The Road Traffic Act. In so doing, I also believe that you misdescribed the car's true condition in your original Auto Trader ad (as in my first post), in contravention of the Sale Of Goods Act 1979.

 

I would now like to give you the opportunity to put things right and restore the car to your "As described" condition Mr ........ by agreeing to bear the minimum cost of repairing the gearbox.

 

I should inform you however that if notification from yourself is not forthcoming within 21 days of postmark of this letter, I shall have no hesitation in referring the matter to HM Courts & Tribunals Service where I will seek to recover the necessary renumeration (and costs).

 

Yours faithfully,

.........."

 

Also on the 31th of December about 9pm, the buyer sent me a text where he wanted details of previous owner, because he wants to investigate the car, and also said that I didn't let him to test the car deeply, because there was no petrol in a car. What is total bull****, he made 11,2 miles (I checked it on google maps), and also on the dash computer there was still over 40miles to drive.

 

Don't know what should I do, I fully disagree with this letter, and don't know if I should leave it, or look for some help. I am tired with that.

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Does SOGA apply to a private buyer?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Only to the extent of not as advertised and dangerous.

 

This is also what the buyer is trying to accuse me of. I wrote in ad that the car is in "excellent condition" because in my opinion was at the time of selling, and he is trying to prove that it was not.

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To ME, it sounds like he looked around the car, saw there was a fault, kept quiet, took the car home and then decided he wanted you to pay to fix it. As was said way back in the thread, its a con/[problem]/whatever that happens a lot of the time.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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