Sold a car and now the head gasket has gone

robbieb34

thistledome wrote: »

No wonder most people think that private sellers can do as they please.

I agree, private buyers and sellers can be the worst culprits which is why its always better to buy from a dealer of some sort even if its a back street one as you will have the law on your side.
With regards to this case, there have been alot of confusing messages given to justcat on this thread. There is a big difference between selling a car that is dangerous and one that subsequently has an every day problem such as a headgasket issue. If the advert said 'perfect brakes' and the brakes were known to be defective and there was an accident then yes there would be a problem. It is obviously illegal for anyone, traders or private sellers to do this.
Subjective phrases in an advert like 'nice runner' or 'good condition' are unlikey to sway a judge on a claim for something as mundane as a head gasket issue on a secondhand car, I don't know the age of the car but the older it is the stronger the case is for the seller. Justcat you really are in a very strong position, listen to the advice from the trading standards office, they are there to protect both the buyer and theseller.
If you think about it 1000's of unroadworthy cars change hands every day, some are bought as scrap, for parts, for repairs and for complete restoration, it is not illegal to sell an unroadwothy car, however it is illegal (and morally reprehensible!) to sell a dangerous car for use on the public highway. You did not do this, the buyer has simply been unlucky in that an eveyday problem has occured shortly after she purchased from you. In the same way that the brake bulb may have failed as she drove off which some would argue could be far more 'dangerous' but is still not your responsibilty.
Too many people are quick to issue small claims court orders and try to use them as some sort of final threat. In my experience alot of the time, on the day as you're duly sitting there in your freshly pressed suit, this type of plaintiff won't even turn up. In the unlikely event you get issued one just respond to it accordingly and don't panic. Going to court doesn't have to be as scary as people make out and in my opinion everyone should try it once for the experience alone!
Justcat politely apologise for the difficult situation that has arisen and wish the buyer better luck from now on with the car. Unless she is misinformed or caught up in some issue of principle, she will eventually go away.