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Sellers/Buyers Rights

XDA
XDA Posts: 397 Forumite
Part of the Furniture 100 Posts Name Dropper Combo Breaker
I sold a car privately about 6 weeks ago, complete with 10 months MOT and alot of repairs done on it.

Yesterday, the person who bought it came back to me and said that they have had problems with the car.

They said that they had to relace the clutch cable a few weeks, and now the car has died completly and is in a garage.

They were demanding there money back - Can they do this? What are my rights as the seller?

They came out to look at the car, test drove it and where happy with it when they bought it.

Thanks
“Hardware: The parts of a computer system that can be thrown out of the nearest window!”

Comments

  • pianeet
    pianeet Posts: 518 Forumite
    If you are a genuine private seller ,ie it was your car you sold and not one you bought to sell on for a profit(basically trading from home) you are not bound by the sale of goods act,if the buyer wants to dispute condition or road worthiness he should have got an inspection before he bought it,

    no doubt he paid less than he would from a dealer and this would have been reflected in the price. hopefully you gave him a receipt with sold as seen or with no warranty implied or given on it..i think he is just trying his luck.

    Basically he has not got a leg to stand on,so politley i would tell him this.
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  • darich
    darich Posts: 2,145 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Agree with pianeet up to a point. The price you bought the car for is irrelevant so making a profit is not a condition of you having to guarantee its good condition. Buying a car cheap and selling for a profit doesn't automatically make you a trader so if it's a one off, it makes no difference.

    Pianeet's point about being a trader is correct though so if it's something you do regularly and make it an additional income then you are a trader and other rules apply eg sale of goods act.

    However to be awkward if he insists on a full refund you could agree if he returns the car in the same condition you sold it. In other words he'd need to fix it anyway.

    Ok so I'm joking but if he wasn't sure about the car then the AA or RAC do inspections. Buying privately is cheaper but riskier

    Keen photographer with sales in the UK and abroad.
    Willing to offer advice on camera equipment and photography if i can!
  • Inactive
    Inactive Posts: 14,509 Forumite
    XDA wrote: »

    They were demanding there money back - Can they do this? What are my rights as the seller?

    They came out to look at the car, test drove it and where happy with it when they bought it.

    Thanks


    Tell them to clear off, they bought it after a test drive, it is second hand.;)
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
    Part of the Furniture 10,000 Posts
    Refer the buyer to my signature;) .
  • daveyjp
    daveyjp Posts: 13,029 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    A very common scam - the car is probably fine. Ask him to leave.

    If he wanted a warranty he should have gone to a dealer and paid extra for the privilege.
  • Wig
    Wig Posts: 14,139 Forumite
    Private seller has no responsibility what so ever to refund money. Tell the buyer he bought the car in the condition it was in, on the day of sale, what happens after that date is not your responsibility. Things wear out on cars, that's normal and to be expected.
  • XDA
    XDA Posts: 397 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Cheers for the replies guys, much appreciated!

    Nah, Not a trader. Just downsizing the family "fleet" due to lack of space.

    I kind of thought that they dont have aleg to stand on so to speak, afterall, it was a 2nd hand car thats over 10 years old. Wasnt all that expensive either...

    Cheers all! :beer:
    “Hardware: The parts of a computer system that can be thrown out of the nearest window!”
  • goldspanners
    goldspanners Posts: 5,910 Forumite
    some folk are unbeleivable.
    ...work permit granted!
  • anewman
    anewman Posts: 9,200 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    XDA wrote: »
    afterall, it was a 2nd hand car thats over 10 years old. Wasnt all that expensive either..

    And I am sure that's part of why second hand cars are cheaper. Surely if old second hand cars never had any faults and nothing went wrong they'd cost as much as they do new.
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