legal advice selling a car

[NozSpark]

TBH I would have thought that you'd have given them every opportunity for them to inspect, have inspected by a third party and to have test driven the car before purchase.

IMHO if I bought a second hand car from a private individual then I buy it with any and all faults that it comes with.

I have before now bought a second hand car privately, driven it no more than 3 miles and had the cambelt snap. Whilst the seller would have felt guilty, I would not have expected to be able to return the car for a refund.

 

[batty]

My daughters first car was

 

[NozSpark]

I have also sold a crash damaged car before now (it went sideways into a barrier - B pillar bent inwards) ; the buyer had all the time in the world to view the car, there were no time constraints, they coud have even driven it a little if they wanted as it was on private land with quite a driveway.... Apparently they came back a week or so later and complained to my Dad that it was a right off... Never!

They didn't get any sort of refund.

 

[husky2013]

As you sold it as a private seller, and you have not with held any information from the person/s at the time of purchase, and you also offered the prospective buyer the opertunity to test the vehicle,

Also as they have 'tampered' with the vehicle then again this has invalidated any kind of come back.

did they sign the reciept aswell? or just you?

if they have not signed that reciept then they have also waivered any come back at all on this!

as others have said dont give them a refund. tell them to jog on!

 

[steptoe]

I accept

 

[NozSpark]

With that I'd tell them to jog on mate.

 

[steptoe]

thats my thoughts, the wife is just worried they are going to turn up mob handed this evening to get their money back, when they phoned me today I told them I wouldnt be home until 7pm, but that although I felt bad for them I wasnt giving them their money back, and not to come to my house.

I suggested they contact their solicitor, and I would be contacting the polis to report the phone call.

 

[NozSpark]

Tell them that while you are sorry that they are not happy with their purchase which you sold in all good faith and that they had every opportunity to fully inspect and test the vehicle before purchase that you won't be offering a refund.

I'd also tell them that for legal reasons that you want all future correspondance in writing

 

[apprentice87]

I knew a fellow years ago that used to buy unroadworthy cars on purpose....

He would drive them for a few weeks, and then, take them back, or he was going to get the police and report them for "offering selling or exposing for sale" or whatever the wording is, an UNROADWORTHY car [gearboxes do not come into this]

He always got his money back!! Cheap car hire!! He used to pick on respectable types thay did not need the hassle, and in them days, the police were a LOT more interested in this sort of thing....

Can you imagine getting a quad bike on the road in 1975???? you would get booked if your wheels stuck out of the arches an inch, never mind one of them contraptions...

As for our Steps, well, so long as you did not misrepresent the car, tell them to get stuffed.

If they come round mob handed, so will the police.....

john....

john

 

[SteveT]

Ok

Private sale - No sale of Goods Act

Any contract between you and buyer - not buyers girlfriend!

You say you sold in good faith, offered a test drive and have written confirmation of no warrenty

So the only issue is good faith and this is evidential, you will point to service record, no problem etc

They are also in a sticky posistion as they admit to attempting to fix this themselves before going to an 'independant' garage...or their mate.

I would tell them to sling their hook, the chancers, and tell them you will see them in court

 

[Sidewinder]

Well done SteveT, I suspect that you are correct, IIRC, you have a "little" knowledge/experience in this area, & I don't mean as a dodgy used car dealer!

 

[Manator]

I have to agree, because they have attempted to repair a problem would suggest they were happy to do so, and to then go to a garage would smack of trying to cover a mistake.

 

[steptoe]

thanks everyone,

yes, I do feel bad, I dont know why I should to be truthful, there was nothing wrong with the car on saturday when I drove it on a 30 mile round trip.

I suppose I'll know in the next hour or so if they are going to pursue this.

funny thing, after I rang the police and they told me they would call tomorrow morning, 5mins later the wifes cousin rang me, He's the policeman that will be dealing with the case.!

basically he says the car is a civil issue, until they either contact me again or turn up at the house,then that becomes a police matter, told me to not answer the door or speak to them but ring 999 immediately[as I had already reported a threatening phone call], and make them take the legal route, not to even try to negotiate a settlement as in the eyes of the law I have done nothing wrong. BTW, he has recently driven the car and nothing was wrong with it then either.

I just dont need this hassle..... headbang

 

[husky2013]

tell them jog on steps mate!

if they turn up mob handed just make sure your stood at the bottom of the garden 10 mins before they arrive and tell them if they step foot on the property then they shall be forthwith removed by the local police for trespassing!

if they do turn up id ring the police back and tell them that you feel that you are potentially in a dangerous situation and you feel that the situation may escalate. hopefully if ur local police are any good they should respond a bit faster!

 

[PC Electrics]

PRIVATE sale:

rule 1: caveat emptor

rule 2: take it for a good test drive and inspect it thoroughly

rule 3: check its history carefully (incl an HPI check)

rule 4: the previous rules are there to protect you 'cos the law won't.

rule 5: only an idiot ignores rules 1 to 4

checked the oil with the engine running eh? Don't know nowt about cars then !!

if you do speak to them (which I suggest you don't, follow the advice above) then make sure your phone is in your breast pocket with the voice recorder running. or at least have someone (a witness) with you.

 

[NozSpark]

TBH (and slightly off subject) I always check the oil level before running and lift the dipstick and remove the oil filler cap when running to ensure that the oil isn't emulsifying (can indicate blowing head gasket)

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BTW I hope you didn't have any more trouble off them

 

[revjames]

I always used to buy cars privately as traders were not to be trusted. Now its the other way round and you are safer and more protection (30 days) by buying from a dealer. No comebacks from a private sale unless porky pies have been told about number of owners etc so its up to prospective buyers to inspect the car and test drive and make their own mind up. I suspect they have changed their mind or decided they paid too much or something like that. I don't think you have anything to worry about. Offer to give them the escort van instead...

 

[steptoe]

heard nothing, hopefully it will stay that way,

anyway, will see what the police say tomorrow.

I dont honestly think they could think they paid too much, probably just a change of mind, they had been wanting a 4door and mine was only a 2 door.

 

[PC Electrics]

Bet any money they're trying it on 'cos they've found summat else they like the look of. Either that or they've done summat to it!

 

[a1]

Haven't read through all of the replies; but, what's to say that they haven't swapped the gearbox over from the clapped out one, with you good one, and are simply "Tyring it on?

It's a possibility.