Sold as seen, but buyer wants to return car..

proactive

Tina_Turner wrote: »

Neither but then that's not the issue and neither assists or hinders the OP.

neither do scary stories about men breaking down doors, taking the money and car 'or worse' but there we go, we can all post what we like so no bother.

Norman_Castle

the buyer was very aware of the problem, and his solution to drop the atf rad, and run in drive and drain the torque converter of oil which is probably contaminated is probably the right thing to do.

Would the buyer have been able to try this quick fix in the time the car was gone?. Are there any signs of attempted repairs to the gearbox?.

ohreally

Poppy9 wrote: »

The buyer had a test drive and it drove fine so you could have just denied any knowledge of fault!

Are you advocating an act of omission should become an outright lie if something goes wrong and you're being asked to account for it?

"Nothin to do with me mate, it was fine when it left here - its your problem now"....is this what you suggesting?

The_Turner

proactive wrote: »

neither do [STRIKE]scary stories [/STRIKE] the truth about men breaking down doors, taking the money and car 'or worse' but there we go, we can all post what we like so no bother.

Some of us have seen more in life than you have in your video shop.

FATBALLZ

While as a private seller you are under no obligation to tell potential buyers about any faults unless the specifically ask about them (ie you can omit to mention them but you cannot lie), the problem is that you have said in the ad you would 'try' to list *all* the faults. Unfortunately given this seems to be a major issue it looks like you didn't really *try* that hard. If it was me I'd take the car back and resell it, and reword the ad more along the lines of "These faults exist with the car" (ie, not implying these are the *only* faults with the car).

As others have said he may not win in court but it certainly looks like he has a case, unless you can prove you told him about the problem. His word against yours will get you nowhere, you need written proof. If you don't have it you'll either have to be prepared to argue it out in court or just take the car back.

Poppy9

ohreally wrote: »

Are you advocating an act of omission should become an outright lie if something goes wrong and you're being asked to account for it?

"Nothin to do with me mate, it was fine when it left here - its your problem now"....is this what you suggesting?

No you are being selective in quoting my post. The full post said:

Agree if the fault was bothering you it seems odd you didn't mention in Ebay ad.

However if you had not discussed the fault with the buyer before purchase then I would imagine you would be saying "it was fine when it left here" especially if as you say you can prove you spent £1500 overhauling the gearbox 2 years ago.

The buyer had a test drive and it drove fine so you could have just denied any knowledge of fault!

I am saying I believe he did discuss and disclose the fault because if he was trying pass off a lemon he would have been quicker to say that it was fine at the point of sale and that produced the evidence of the £1500 bill from two years ago to prove his point that he'd maintained the car and specifically the gear box.

The_Turner

FATBALLZ wrote: »

While as a private seller you are under no obligation to tell potential buyers about any faults unless the specifically ask about them (ie you can omit to mention them but you cannot lie), the problem is that you have said in the ad you would 'try' to list *all* the faults. Unfortunately given this seems to be a major issue it looks like you didn't really *try* that hard. If it was me I'd take the car back and resell it, and reword the ad more along the lines of "These faults exist with the car" (ie, not implying these are the *only* faults with the car).

As others have said he may not win in court but it certainly looks like he has a case, unless you can prove you told him about the problem. His word against yours will get you nowhere, you need written proof. If you don't have it you'll either have to be prepared to argue it out in court or just take the car back.

Wise words.

proactive

FATBALLZ wrote: »

While as a private seller you are under no obligation to tell potential buyers about any faults unless the specifically ask about them (ie you can omit to mention them but you cannot lie)

just for my own curiosity, does "are there any faults" cover this then?

proactive

Tina_Turner wrote: »

Some of us have seen more in life than you have in your [STRIKE]video [/STRIKE] (dvd, you're SO nineties!) shop.

goodness what an exciting life you must lead, I'm incredibly jealous! do tell me more scary stories of men out for vengeance after a second-hand car deal does wrong

and some of the stuff i've seen in my video shop would make your hair curl. oh the things i've seen...

FATBALLZ

proactive wrote: »

just for my own curiosity, does "are there any faults" cover this then?

Well it would be inadvisable to respond 'no' to this, as you're commiting to selling a faultless car (which may have faults you don't know about), but if you said "not that i'm aware of" (and were telling the truth) you'd be ok. Obviously if there are faults you'd need to disclose that fact.