legal advice selling a car

[steptoe]

one for the legal bods,

I sold the wifes car on Sunday, the buyers girlfriend has just rang me wanting her money back as the car apparently has a dodgy gearbox,

I sold the car in good faith and have a signed receipt saying this, no warranty etc,

she has threatened me that they are coming round tonight.

where do I stand legally about a refund?

I have already rang the polis about a threatening phone call, they will ring me back tomorrow, :|

 

[Manator]

Unfortunately you are responsible, the sold as seen scenario is no defence because you have to sell the goods as fit for use. The sale of goods act is what will be quoted.

As for the threatening phone calls it is illegal to cause distress by any media and a complaint can be made.

 

[Steve3948]

I think most on here see you as a very nice bloke, so I am sure you are thinking in the back of your mind you should refund.

Out of curiosity did you know the gearbox was duff.

 

[steptoe]

no, as far as we were concerned the car was spot on, the wife bought a 'new' car last week,

the one we sold went through the MOT last month no problems.

it was a good car with <60k on it, we had it for 5 years and never any problems, the usual new exhaust and tyres etc, but no mechanical issues.

Manator, as far as we were concerned the car was OK, how do we know they havent been crashing through the gears?

it wasnt an expensive car, but, unfortunately, a refund isnt really an option, the wife has bought a new bathroom!

I do genuinely feel bad about it, but whats to do?

 

[Manator]

You can take possession of the car to have their claims investigated, without giving them an immediate refund, this is by law in order for you to comply with the sale of goods act:

Sale of Goods Act 1979

 

[Sidewinder]

Does the sale of goods act apply in this case as Steps is not selling the car in the course of a business, I don't believe it does.

However, it does also depend on how it was sold, ebay etc.

See also here:

Second hand goods and your rights | Consumer Information

I don't think that they can take you on under the sale of goods act.

I realise you want to be nice, but Caveat Emptor I'm afraid.

If they do threaten in any form, you then you actually do have legal recourse.

 

[batty]

Well I think if you genuinely think the gearbox was OK IE you can change gear then they don't have a leg to stand on. Did they have a test drive? The way I see it you are buying a second hand vehicle its not going to be perfect. If they wanted a warranty they should have gone to a garage. I have just brought a second hand van. It had a years MOT ETC now there are one or two things that are going to need to be done to it but as said its a second hand van so I would expect it not to be perfect.

 

[Doc Hudson]

I believe there is a distinction between a private sale and goods sold as part of a business. i.e. Steptoe selling a fuse box as part of his daily business carries different legal obligations than Steptoe the individual selling something privately. the phrase Buyer Beware used to be a warning. The world or Car-Boot sales and jumble sales would fall apart it everyone had to carry full liability for everything they sold. The purchaser should have arranged suitable inspection of the vehicle, this is why bodies such as the AA & RAC offer these vehicle check services. I also understood that a person purchasing a stolen vehicle has little or no rights to retain the vehicle or get there money back?

Doc H..

 

[karlb]

But how would he know that the car he sold them hasnt infact now been messed with? Who has told the new owners that the car has a dodgy a dodgy gear box? The threatening phone call suggests that the people in question aren't be nicest bunch or possible particularly honest.

Personally I would get a second opinion from competent mechanic to look at it. I wouldn't give a refund at all rather work out a deal if at all possible if the gear box is actually fubar.

 

[steptoe]

they were offered a test drive and declined, they did start the car a few times,

they said the gearbox was clicking so they changed the oil and then took it to a garage,

they bought the car on Sunday and live about 12miles away so the problem would have been evident then, unless they havent been using the clutch properly.(?)

I really dont know. ?

the wife was driving the car daily until last friday, it drove perfect for a 9 year old car with 58.000miles.

it was sold via autotrader as a private seller, the wifes name was on the log book etc.

I'll have a read of that link SW.

---------- Post Auto-Merged at 15:39 ---------- Previous post was made at 15:36 ----------

The purchaser should have arranged suitable inspection of the vehicle, this is why bodies such as the AA & RAC offer these vehicle check services

the buyer told me that I should have had the car checked. !!!!!!

 

[Manator]

So they changed the oil in the gearbox? and then took it to a garage? sounds the wrong way around to me, and could imply that they made a mistake by perhaps putting motor oil in a gearbox?

 

[steptoe]

should they have done any work to the car before claiming it was faulty.?

 

[karlb]

There fault for not test driving it imo and they even mentioned they thought the gear box was dodgy and they still bought it?(although quite how you can tell a gear box is faulty by not driving and not putting it in gear is beyond me)

 

[batty]

Well I think somebodies taking the wee. If you genuinely know the gearbox was OK IE there were no problems with it I would't even think of giving them there money back. What did the garage say?

I can't believe they didn't even test drive it.

 

[septiclecky]

I would like to know what garage would be open on a Bank holiday?

Call their bluff ask for a written report from the garage or it could be they have changed their mind and don't want the car now.

 

[Doc Hudson]

the buyer told me that I should have had the car checked. !!!!!!

Same principal as buying a house, who's responsibility is it to do an electrical inspection? Purchaser not the seller!

Doc H.

 

[ProDave]

I always thought a PRIVATE sale was always "sold as seen and approved" and once they turn the corner they have no comeback if they later find a fault.

I looks like they did something wrong re gearbox oil (why would they mess with it without knowing what they are doing?)

I think that gives you a good get out, not that you needed one, that they messed with it.

You could always offer to "take it off their hands" for less than they paid for it. That's about what a garage would do once they have shown you the fine print of the warranty that invalidates the warranty if you service it yourself (in this case gearbox oil) rather than take it to an approved garage.

 

[alpha spark]

Im afraid steppe you are a roque trader and you will be forced to give a refund

 

[Doc Hudson]

From here:

Second hand cars: your rights - Used cars: your rights - Sale of goods - Which? Consumer Rights

This:

If you buy a second hand car privatelyIf 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

 

[steptoe]

the car had absolutely nothing wrong with it, if it hadnt sold for what we were asking the wife was going to sell it to her sister on a pay us weekly basis,

I couldnt believe they didnt want a test drive either,

they looked round it for about 10 mins, inside, in the boot, didnt even take the spare wheel out, checked the dipstick while the engine was running,

checked the fluid levels and that was it, didnt even look under it.

spent more time checking the seats and seatbelts than anything else.

---------- Post Auto-Merged at 16:03 ---------- Previous post was made at 16:00 ----------

However, if you buy a second hand car that was not described as being in excellent condition or good working order, and it breaks soon after you buy it, you do not have any right to reject it, or to claim compensation.

great link Doc H