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

KTF

Its not the sellers car any more so I wouldnt touch anything on it. As far as the seller is concerned its just another car parked in the road now.

MoreOn

scheming_gypsy wrote: »

not the cleverest idea. It's outside the house it's registered to.

Agreed, perhaps my motive is to see how unsure OP is about his liability....

verityboo

From my knowledge of off-roading and suitably equiped cars, I am siding with the Buyer. A battle scarred rusty old discovery with 6 months MOT and and an unknown gearbox fault is simply not worth £2K (even with the off road equipment) which leads me to think that the fault was not disclosed

If the buyer has a copy of the ebay ad which does not mention a gearbox fault, and can also show adverts for similar cars and that the price paid was for a car in good order, I feel that might have a strong case in court?

mikey72

bungle4by4 wrote: »

mmmm but we talked about so much before he even came to look at it. the problem is the torque converter locks in at 55 miles an hour on the gearbox, and that is effectively your 4th gear. the box itself has 3 gears and so torque converter is 4th.

i drove it when i was first MOT'ed and on the way to my mates. it wouldn't go into 4th. but on the way back it worked like a dream.

its not been any distance at all since then. but that first occurance had me thinking it had a possibilty of reo-occuring. and i so i told the buyer exactly this when he rang. and when he was here. and i thought the problem had been resolved.

but it still played on my mind, that once again the car has sat for an extended period. and it may re-occur. and i didn't think that was worth mentioning. i'd tried to be as honest as possible about it. the fault was 6 months ago. hence i didn't go on about it on my ad.

Who explained the fault that way originally?
I thought the disco had a four speed box, torque converter lock up doesn't relate to gear change, it just improves transfer efficiency.

Trebor16

Flyboy152 wrote: »

Nonsense.



...

Flyboy,

You have done it again:D Take a look at section 75 of the Raod Traffic Act 1988.

http://www.legislation.gov.uk/ukpga/1988/52/section/75

AlexisV

That gives a specific description of what constitutes 'unroadworthy'. Otherwise any car that failed the next MOT with a fault that was present when sold would land every dealer in hot water.

The seller is in the right here. The ebay ad is an invitation to treat - faults do not have to be mentioned then. As long as faults are made aware to the seller prior to buying, that's enough. It would be wise to write this on a receipt however for the buyer to sign.

The OP should just deal with the paperwork so that he is washed of the car and then ignore the buyer unless he makes a county court claim. Then it should just be a matter of stating what happened and what was said.

The buyer's only defence would be to state that no such conversation ever took place about the gearbox, but he would come unstuck when the seller gave an in-depth description of what was actually said.

Wig

bungle4by4 wrote: »

I have the money, he has the log book, keys, reciept. mot, tax.... etc.... and after a 50 mile round trip has parked the car outside my house .

But the car is still outside my house. blocking the drive. and as its legally (in my opinion) his car. im wondering what to do from here?

any thoughts?

Very telling that he retained the keys, if he truly rejected it he would have given you back the keys.

Tell him (if you have another car on your driveway) that you will ask the car be towed away by the authorities. If you don't have a car you will be reporting it for a possible no insurance penalty notice and you could lie to him and say that it could be towed away for no insurance.....in reality it can't be towed for no insurance in the circumstances described -not lawfully anyway.

skodafabia

Wig wrote: »

Very telling that he retained the keys, if he truly rejected it he would have given you back the keys.

Tell him (if you have another car on your driveway) that you will ask the car be towed away by the authorities. If you don't have a car you will be reporting it for a possible no insurance penalty notice and you could lie to him and say that it could be towed away for no insurance.....in reality it can't be towed for no insurance in the circumstances described -not lawfully anyway.

The vehicle is still registered with the dvla and insurance database as the post writers, so she would be stupid to report it to the authorities as the come back would come on the post writer then she would have to prove she sold the vehicle and has she has no v5 document or proof of sale with an address of the buyer she would probably end up in court having to try and prove the fact she had sold the vehicle.

Until the post writer receives a letter from DVLA acknowledging she no longer owns the vehicle the last thing she should do is report the vehicle to any authorities

Wig

The_Turner wrote: »

Not for small claims.

Thing is reading the ad on the balance of probability may lie with the buyer.

That would depend what the sale price was if it was £2000 + it would cost him around £250 to get into court, if he was suing for a refund

Wig

skodafabia wrote: »

The vehicle is still registered with the dvla and insurance database as the post writers, so she would be stupid to report it to the authorities as the come back would come on the post writer then she would have to prove she sold the vehicle and has she has no v5 document or proof of sale with an address of the buyer she would probably end up in court having to try and prove the fact she had sold the vehicle.

Until the post writer receives a letter from DVLA acknowledging she no longer owns the vehicle the last thing she should do is report the vehicle to any authorities

Not at all, I recommended contacting DVLA to confirm that change of keeper can be notified in writing......without the V5 I'm sure it can. Given this is correct the OP can report it as he likes because he will have already notified change of keeper to DVLA and photocopied it and sent it recorded delivery, and thus the car will no longer be his. The fact that there is a police record of an inciident regarding this and the police have advised the new keeper of their rights and the new keeper has the V5 in his possession all add weight to the OPs no longer being the keeper of the vehicle....

Hopefully the OP will have a written signed bill of sale one for him and one for the buyer which will add further weight.