sold car privately

crowdedhouse

Hi we sold our car last week with mot and tax. The buyer came and test drove the car and liked it so bought it. He now claims that the car needs repairs and wants his money back or for us to pay????

Tilt

Couple of questions before giving definative advice; were you the named RK on the V5C? How long had you owned the car and how did you describe it in any sale advert?

LandyAndy

Unless you lied directly about a matter of fact to the buyer (eg The mileage is genuine, when you knew otherwise or these repairs/servicing have been done, when you knew they had not) then the buyer has no come back against you. Even if you said ' Runs well, good condition etc' in your ad there is no comeback unless you are not a lay person where vehicle mechanics is concerned. It is up to the buyer to satisfy themselves of the quality of the vehicle in a private sale. Tell them to do one.

spiro

LandyAndy wrote: »

Unless you lied directly about a matter of fact to the buyer

Its not only lying that can be an issue. Not declaring a material fact can give reason for comeback i.e. garage advised of work that needed doing or would need to be done.

crowdedhouse

Yes I was on the V5C and we'd had the car 10 years! In the add we described car colour, make, and the usual info. He knew the mileage and in the folder was proof of previous work/repair on the car. Cars get problems but at the point of sale we had no idea it had any problems! Worked fine for us and he even test drove it then took it home with no problem and all of a sudden it needs repairs!

d123

From the CAB website:

You have very few legal rights if you have bought the vehicle from a private seller rather than a dealer.

The vehicle doesn't have to be of satisfactory quality.

However, if the seller offers a description of the vehicle, it must match the description given. It must also be roadworthy and the seller must have 'good title' to the vehicle. This means that they must be the legal owner in order to sell it to you.

If the vehicle doesn't match the description given, you may be entitled to compensation. You may also be entitled to compensation if you have bought an unroadworthy car from a private seller, which has caused injury to someone. However, it may be especially difficult to get compensation from a private seller.

You will only be able to claim against a private seller for one of the following reasons:
the vehicle doesn't match the description they gave you
the seller broke a specific contract term
the seller was actually a dealer posing as a private seller
the seller did not have good title to the vehicle
the vehicle is unroadworthy.

There is a full and detailed explanation of the reasons on the page, if you want to read further:
http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm#you_bought_the_vehicle_from_a_private_seller

NeverAgain_2

I cannot see that you have done anything wrong.

The buyer sounds like a bully who thinks he has detected a weakness - your good nature - and now plans to play on it.

Faults are to be expected in a ten-year-old car, even one that has been looked after.

No one likes confrontation, but you need to tell the buyer firmly the deal is complete and you will not entertain any claims.

You could refer him to the helpful link posted by d123, but I think entering into any dialogue is not a good idea.

Brief and brusque to the point of rudeness is what's needed here.

Strider590

crowdedhouse wrote: »

Hi we sold our car last week with mot and tax. The buyer came and test drove the car and liked it so bought it. He now claims that the car needs repairs and wants his money back or for us to pay????

If the car was "ok", why were you selling it?

I only ask because there are two main reasons for buying a new car... 1) to keep up with the neighbours 2) because there's something wrong with the old one

People do of course need bigger cars (for family/kids), or even smaller cars (for parking in cities etc).
Reasons like saving the environment or saving on petrol/tax costs are more than 100% offset by the cost of the car and it's subsequent depreciation..... It truth they're just an excuse for reason number 1.


At any rate.... As long as your description was factual, the buyer has no come back.

Tilt

crowdedhouse wrote: »

Yes I was on the V5C and we'd had the car 10 years! In the add we described car colour, make, and the usual info. He knew the mileage and in the folder was proof of previous work/repair on the car. Cars get problems but at the point of sale we had no idea it had any problems! Worked fine for us and he even test drove it then took it home with no problem and all of a sudden it needs repairs!

In that case there is no come back. Case closed.

crowdedhouse

Strider590 wrote: »

If the car was "ok", why were you selling it?

I only ask because there are two main reasons for buying a new car... 1) to keep up with the neighbours 2) because there's something wrong with the old one

People do of course need bigger cars (for family/kids), or even smaller cars (for parking in cities etc).
Reasons like saving the environment or saving on petrol/tax costs are more than 100% offset by the cost of the car and it's subsequent depreciation..... It truth they're just an excuse for reason number 1.

We sold the car as we needed a bigger one due to our expanding family! I can assure you it is not for reason 1 as our new family car is still 'old' just bigger than our other old one so thanks for judgement but your not quite right in this instant.

Thank you all for your replies. I'll have a word with my husband.

Strider590

^^ If i were passing judgement I wouldn't have asked the question.

If anything I'd be suggesting that "buyer beware", because any car buyer should be aware of the fact that people sell cars when they start to go wrong (starting to cost too much), whether that's the motivation or not, a buyer should always bare this in mind.