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

Wig

Glad you got it sorted, make sure he brings the v5 with him and keep it this time. Is this 'valve' inside the gearbox? Did you offer the 300 before or after he had agreed he was being a knob?

One things for sure yet another person who has not protected themselves when selling a car. ALWAYS

Complete Section 6,
get buyer to sign section 8
Give completed section 10 to buyer
Keep the V5 and post it to DVLA yourself
Make out two bills of sale, one for you, one for the buyer, both of you to sign both

In this case you would have written something like this, feel free to improve it people, just a quick scribble by me.

Vehicle with Registration mark ZZZZZZ being a year/make/model. Odometer reading of VVVVVV miles is believed by the seller to be accurate although this cannot be guaranteed, is sold by Mrs YYY of xxxxxxxxxxx to Mr XXX of xxxxxxxxxxxxxxxxx for the sum of ££££
The vehicle is sold as seen and without warranty as to condition or quality. MR X/The Buyer admits to having inspected the vehicle to his satisfaction and has been made aware that there may be a problem with the gearbox, other known faults including ........ have been disclosed the repair and the cost of repairing these faults, should this be required, is entirely MR X/the buyers responsibility. The seller is unaware of any other faults and will not be held liable for the repair of any faults now or in the future.

The MOT certificate and Vehicle Excise Disc are included in the sale.
The buyer has been given section 10 of the V5C registration document
The remainder of the V5C signed by both parties to be retained by the seller to be forwarded by the seller to the DVLA.

Recieved £xxxx cash in full payment
Thankyou

MRS YYY signed and dated
MR XXX signed and dated

Flyboy152

verityboo wrote: »

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?

If the buyer is being honest and upfront with their account of what happened (and we have to take them at face value), then I am sorry I cannot agree. The buyer was well aware a fault existed and accepted it, assuming he could fix it. He then changed his mind, that is not the fault of the seller.

Flyboy152

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.

I don't think a tricky torque converter would make the car unroadworhty

mikey72

Flyboy152 wrote: »

I don't think a tricky torque converter would make the car unroadworhty

But if it turns out to by a 4 speed gearbox that won't change up, it's not exactly an accurate description.
Particuarly as neither are mentioned in the ad.

Flyboy152

mikey72 wrote: »

But if it turns out to by a 4 speed gearbox that won't change up, it's not exactly an accurate description.
Particuarly as neither are mentioned in the ad.

But (it's all moot now anyway), it still wouldn't make it unroadworthy.

mikey72

Flyboy152 wrote: »

But (it's all moot now anyway), it still wouldn't make it unroadworthy.

"the vehicle doesn't match the description they gave you"

It's got a broken autobox, not a broken torque convertor.

However, I think it has been resolved well enough now, and hopefully eveyone has had a fair result.

whitelabel

https://www.whatcar.com/images/subscription/usedcarreceipt.pdf

http://www.themanwhoknows.com/downloads/USED_CAR_RECEIPT_OF_SALE.pdf

https://www.autocheck.co.uk/UsedCarReceipt.html

if any one else needs one for the future

Wig

mikey72 wrote: »

"the vehicle doesn't match the description they gave you"

It's got a broken autobox, not a broken torque convertor.

However, I think it has been resolved well enough now, and hopefully eveyone has had a fair result.

The car was described accurately verbally on inspection. The OP mistake was not to cover herself completely by writing two bills of sales confirming this.

mikey72

It would still have identified a transmission fault, but as the torque convertor, which you can still drive if it doesn't lock.
Which turned out to be a gearbox fault as no fourth gear, which you can't drive.

Wig

Not sure what your point is, all things being equal, the OP did what was required of them all the known faults to the best of the OPs knowledge were explained in detail. The OP is not a mechanic and did not know what the fault was but said there was a fault somewhere with the gearbox which might comeback, which could be the TC. As said, her only mistake was not to write them down on the B.O.S.

Arguably the OP only had to do this because the ebay ad implied there were no other faults known to her other than those listed on Ebay. The OP could equally have kept quiet about the gearbox fault, instead the OP was 100% honest.