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

Wig

mikey72 wrote: »

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

And why did he say he'd seen it happen if he didn't?

Wig

shaun_from_Africa wrote: »

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.

I think this is an excellent idea, and will add weight to your defence (reply or no reply) if it ever went to court - which I'm sure it won't.

Trebor16

AlexisV wrote: »

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.

But the law is there none the less Alexis, and I posted to respond to the nonsense spouted by Flyboy.

Trebor16

Wig wrote: »

Rubbish, this is a PRIVATE SALE and one where the seller made it perfectly clear there was a fault on the gearbox, something he didn't HAVE to do but he did do it and there is nothing wrong with that.

Section 75 of the RTA does apply to private sales, but it is also specific to issues relating to brakes, steering gear,tyres, construction, weight or equipment of vehicles. But it also mentions section 41 of the RTA which mentions, amongst others, emissions. noise and lighting equipment.

So the transmission issue wouldn't appear to come under section 75, but the law is there to cover the sale of vehicles that are unroadworthy in the areas defined in the RTA under section 41,

atrixblue.-MFR-.

look at the facts.

1. OP is not the LEGAL OWNER this transfured with purchase, and as such the recovery centres will not touch it. you have to go down legal avenues with the coucil to have it removed as abandoned to wich there is a minimum times they allow for OWNER to return to collect it.

2. eventhough OP didnt list the vehicles gearbox fault he/she went into detail about condition and described a few minor faults, if i were to approach a judge my defense would be he described it here in this ebay ad, it lists minor faults and no gearbox fault, i puchased this vehicle in good faith that it was of GOOD satisfactory condition i drove X amount of miles to discover there is a gearbox fault this was not disclosed on purchase or listed in the ad, i believe xxxx deliberately decieved me by witholding the the details of this fault gicing the impression there was no majour faults when there was, i returned the vehicle to the address and asked for a refund but xxxx refused as i have rejected the vehicle and i believe it is not of roadworthy condition with this fault i didnt drive from the address but kept the keys as security to getting my money back as i'm still the legal owner untill my money is returned. the OP defence is he discussed it with him at leng over the phone, when a judge asks do you have written proof and OP says NO i know where the judge's mind would be at that point.

no ifs but about this i truely believe the OP should return the buyers cash to him or offer to repair the fault if the buyer agree's as way of compensation.

bungle4by4

this situation has now been resolved. we talked this morning, after a night off and cooler heads.

the buyer is quite happy that he bought the car with a known fault, and that it was fully described and discussed. and he accepts that it's his car. and i have been on the phone to the man who rebuilt the gearbox, and he is quite happy to sort it out.

but as the buyer lives a considerable distance from the gearbox man, who to be fair said the fault is going to be a valve stuck in the valve block. due to lack of use (its actually done 1820 miles since the box was refurbed, 3 years ago! god wheres the time gone... anyway, i have spoken with the buyer and we have agree'd that i will refund him 300 pounds of the purchase price, and he is a very happy camper and is picking the car up (again) later on.

he has apologised for the threats and verbal, and thankfully this has been sorted amicably.

the buyer has had the same conversation as i had with a gearbox specialist, and they both gave roughly the same price to strip and free off any valves if the box does not free off with mileage. Im pleased to say, both his specialist and mine agree with each other about what the fault will be. and this is where the agree'd refund of 300 pounds has come from. and im more than happy to do this.

Im pleased to say this has now been put firmly to bed. and would like to say thanks for all your comments. it has been very helpful to talk this through.

bungle4by4

Wig wrote: »

I think this is an excellent idea, and will add weight to your defence (reply or no reply) if it ever went to court - which I'm sure it won't.

i also thought this was excellent thinking, and would have done this if the matter had not been dealt with as amicably as it has.

KTF

When he comes to pick up the car, get him to write his address on the V5 and keep the correct part then put it on a more detailed receipt together detailing what has been discussed and agreed with names, addresses signatures, etc.

The_Turner

bungle4by4 wrote: »

this situation has now been resolved. we talked this morning, after a night off and cooler heads.

the buyer is quite happy that he bought the car with a known fault, and that it was fully described and discussed. and he accepts that it's his car. and i have been on the phone to the man who rebuilt the gearbox, and he is quite happy to sort it out.

but as the buyer lives a considerable distance from the gearbox man, who to be fair said the fault is going to be a valve stuck in the valve block. due to lack of use (its actually done 1820 miles since the box was refurbed, 3 years ago! god wheres the time gone... anyway, i have spoken with the buyer and we have agree'd that i will refund him 300 pounds of the purchase price, and he is a very happy camper and is picking the car up (again) later on.

he has apologised for the threats and verbal, and thankfully this has been sorted amicably.

the buyer has had the same conversation as i had with a gearbox specialist, and they both gave roughly the same price to strip and free off any valves if the box does not free off with mileage. Im pleased to say, both his specialist and mine agree with each other about what the fault will be. and this is where the agree'd refund of 300 pounds has come from. and im more than happy to do this.

Im pleased to say this has now been put firmly to bed. and would like to say thanks for all your comments. it has been very helpful to talk this through.

A good result all round.:T

bungle4by4

The_Turner wrote: »

A good result all round.:T

i thought so.. cheers mate.