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

proactive

it'd be interesting if anyone selling a car was required to obtain a safety-report of some sort before handing over the keys if the car was to be driven away (not something that was to be carried away on a trailer for example).

would such a system work?

just something to ponder.

mikey72

The_Turner wrote: »

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

If you didn't watch, how do you know it really happened?

JQ.

OP, I'd just tell him to Foxtrot Oscar. You told him about the fault, you know, he knows - he's just hoping he can bully you into returning his money.

ohreally

Poppy9 wrote: »

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



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.

A receipt from two years ago is of little consequence - utterly meaningless unless it comes with a two year unconditional transferable warranty.

The seller may be on thin moral ice re how this develops. I believe the consensus will show he should refund the buyer resell the car correctly described.

proactive

mikey72 wrote: »

If you didn't watch, how do you know it really happened?

he was taking part.

mikey72

proactive wrote: »

he was taking part.

With his eyes shut?
He was on the wrong side then!

shaun_from_Africa

it'd be interesting if anyone selling a car was required to obtain a safety-report of some sort before handing over the keys if the car was to be driven away (not something that was to be carried away on a trailer for example).

I could take a car for an inspection and get a safety report, then immediately take off all 4 good tyres and fit on a set of knackered ones before the buyer takes possession of it.
Getting such an inspection would be like the failed HIPS report for selling a house. A good idea in principle but as the person getting and paying for the report is the one who has the most to gain or lose from what it states, I wouldn't place too much trust in it.


Bungle,
why not send an email to the buyer asking why, despite you telling them about the problem and them stating that they were happy to accept the car as it was due to them being willing and able to fix it, they have now changed their mind.
You never know. How they word their reply may just give you written proof that you did in fact advise them of the tq converter problem.

Flyboy152

concerned43 wrote: »

there is no such thing as 'sold as seen'. He has a case if the car is unroadworthy, if you have sold an unroadworthy car then you have acted unlawfully.
If the car is roadworthy and your advert stated the problem then he has no recourse.
If the car is roadworthy and you did not state the problem in the ad then he can ask for a refund/repair.

Nonsense.



...

mustrum_ridcully

This is what CAB say about private car sales (from the buyers perspective):

You bought the vehicle from a private seller

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

The vehicle doesn't match its description

If you can show that the vehicle did not match the description the seller gave you, you will have a claim against them, even if the seller believed the description to be true. It will strengthen your claim if you have written proof of the false description, for example, a newspaper advertisement. A false description which was only made verbally and not in writing will be much harder to prove, unless someone else was present who can act as a witness.
If the seller said something about the car which proves not to be true, for example, if they said that the vehicle had a new clutch or one owner from new, you will also have a claim against them. However, if the seller described the vehicle as in good condition, it will be more difficult to complain as the vehicle’s age, make and mileage, and the price you paid all have to be taken into account. If the seller did not say anything at all about the vehicle, you will not be able to claim against the seller.
If the seller sold you the vehicle as having an MOT certificate when it didn't really have one, you will have a claim against the seller.
If you want to take action against the seller because they gave you a false description of the vehicle or said something about it that wasn't true, you will need proof that the seller did this at the time of sale. If you have delayed for more than a few weeks or have used the vehicle a lot, this may be almost impossible to prove. An independent report may be able to establish the condition of the vehicle at the time it was sold, but this can be expensive.
If you want to complain about the vehicle not matching its description or the seller telling you something about the vehicle that isn't true, you should complain in writing to the seller. Ask them for a refund or for the cost of any repairs, depending on what you want them to do. If this does not succeed, your only other option is to take the seller to court. However, you should bear in mind that it can be especially difficult to get any compensation from a private seller.
If you are considering taking the seller to court, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

- The car has match what you've said about the vehicle, if you'd said in the ad that the torque conv. was fine you'd be totally screwed. It would be harder to get you on something that hasn't been included in the ad, as the state of that is totally unknown.

The vehicle is unroadworthy

If the vehicle is unroadworthy, the seller may have committed a criminal offence and you should report them to Consumer Direct on 0845 404 0506 or at: www.consumerdirect.gov.uk. In Northern Ireland, you should contact ConsumerLine on 0845 600 6262 or at: www.consumerline.org.
- Has it passed an MOT with this problem? If so broadly speaking you could argue it is roadworthy.

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm#you_bought_the_vehicle_from_a_private_seller

Strider590

scheming_gypsy wrote: »

as it's an off roader is there anything expensive / desirable on it? have a quick check to see if there's anything missing.

Or swapped!!

Check for nuts/screws/bolts that have been messed with recently......

Even something daft like tyre's, exhaust/cat, right up to the whole engine!

Did the guy give an address? i'd be tempted to pop round late one night and see what's on his driveway