Private sale/swap and the guy calls to say my old cars turbo has gone the day after. What do I do?

[Ricky2884]

As in the title but here goes.

Saturday I drove my car 200 miles down to Gloucester to do a deal with a chap that had a van that I wanted for work. In the eyes of we buy any car his van is worth £685 more than my car but we came to a deal that I would give him £1500 plus my car with 55,000 miles on the clock. Since owning that car I spent a small fortune having the clutch and dual mass flywheel done and full service and then also before we did the deal I had all the starter motor changed for a brand new unit, paintwork imperfections sorted as I told him I would and all the wheels refurbished. I went above and beyond to make sure the car was right as I am honest and also didn't want the deal to go pear shaped after travelling all that way.

 

The guy also drove up around 150 miles from his address so we could meet half way so to speak and save one of us travelling too far. We both did checks and I did HPI checks for both vehicles etc.. we both had test drives checked all relevant documents and decided to do the deal. We both drove home and obviously both satisfied. Then today around 36 hours later he calls me to tell me the turbo had blown and oil was all over and he wants me to pay for it.

 

I feel awful but at the same time I can't help but think I have already spent a lot of money on it and we have already done the swap and agreed to the deal. What if the van brakes down or anything happens today,tomorrow or next week I have taken that chance jut as he did. Where do I stand legally with this one? It was a private sale/swap and neither of us are traders or dealers.

 

Many thanks in advance to anyone who can shed some light on this problem as I am losing sleep over it.

Edited October 6, 2016 by Conniff

[*RainbowTears*]

As in the title but here goes. Saturday I drove my car 200 miles down to Gloucester to do a deal with a chap that had a van that I wanted for work. In the eyes of we buy any car his van is worth £685 more than my car but we came to a deal that I would give him £1500 plus my car with 55,000 miles on the clock. Since owning that car I spent a small fortune having the clutch and dual mass flywheel done and full service and then also before we did the deal I had all the starter motor changed for a brand new unit, paintwork imperfections sorted as I told him I would and all the wheels refurbished. I went above and beyond to make sure the car was right as I am honest and also didn't want the deal to go pear shaped after travelling all that way.

The guy also drove up around 150 miles from his address so we could meet half way so to speak and save one of us travelling too far. We both did checks and I did HPI checks for both vehicles etc.. we both had test drives checked all relevant documents and decided to do the deal. We both drove home and obviously both satisfied. Then today around 36 hours later he calls me to tell me the turbo had blown and oil was all over and he wants me to pay for it. I feel awful but at the same time I can't help but think I have already spent a lot of money on it and we have already done the swap and agreed to the deal. What if the van brakes down or anything happens today,tomorrow or next week I have taken that chance jut as he did. Where do I stand legally with this one? It was a private sale/swap and neither of us are traders or dealers.

Many thanks in advance to anyone who can shed some light on this problem as I am losing sleep over it.

 

Sounds like to me, you both did everything possible in checking each others vehicle out before the sale.

 

I'm sure the fact it was a private sale, then the buyer of your car cannot do anything. As long as legally the seller:

 

Accurately describe the second-hand car (for example, an advert must not say 'one owner' when the car has had several)

 

Or

 

Not misrepresent the second-hand car (tell you something about the car which isn't true such as if it’s been in an accident, the owner must answer truthfully).

 

It's a case of Caveat Emptor "let the buyer beware".

 

Similar to the phrase "sold as is," this term means that the buyer assumes the risk that a product may fail to meet expectations or have defects. In other words, the principle of caveat emptor serves as a warning that buyers have no recourse with the seller if the product does not meet their expectations.

 

Good luck!

[king12345]

What car is it and what age?

I know it's irrelevant to the sale, but maybe we can advise on repair/recalls/etc.

[Conniff]

First off, private sale so unless unroadworthy at the time of sale or misdescribed, there is no recourse.

 

He test drove the car and the turbo was fine at the time. Turbo's are not things you can give a temporary fix to that will last long enough to clear the sale. They either work or they don't.

 

I'm always very suspicious of claims made so soon after purchase and especially those made on probably the most expensive bolt on piece of equipment.

 

It's been 4 days now Ricky, anything further from the buyer ??

[ericsbrother]

what expertise do you have in motor vehicles? If, for example you work as a mechanic there will be a reverse of the burden of proof as you would be deemed a professional in this field but if you are just an ordinary motorist then it is basically tough luck

[ukguy2k]

once a swap as been done private that's there problem I bet if your van engine blew he wouldn't pay out

 

 

maybe hes lieing that turbo as gone to get some money out of your pocket as some people do try this

[Hammy1962]

150 Miles up to Gloucester is St Austell in Cornwall

200 Miles down to Gloucester is Carlisle.

 

For a Van.........

 

Why would you do that?

 

H

[ukguy2k]

maybe he needed a work van but then again dealership would of been easier