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

The_Turner

Is it still taxed and insured, since it's still in your name. Do you have a copy of the reciept and his name and address?

yummymummy79

The Sale of Goods Act is relevant to a private sale, but it is very limited to just the item being 'as described'. You can't say sold as seen and leave it at that, that relates to private or trade sales.

As you said you spent ages discussing a fault (therefore 'describing' the car) and he has come back wanting to return it based on that fault, then he cannot claim it is not 'as described' as he was obviously aware of this issue and decided to buy it regardless. ANything else (V5s, roadworthy etc) wouldn't be especially relevant. So basically it is tough luck on him.

His options would be to take some kind of legal action against you, but to have any kind of case he would have to base it on the car being not as described under SOGA which you have clearly shown is not true. The only issue I can see you having is being able to prove what was discussed. If this fault was mentioned in any kind of advert, on paperwork etc, or if there were witnesses to the conversation then that may make it easier, otherwise it could be a case of his word against yours.

If you want any further clarification, I would suggest a call to your local Trading Standards or Consumer Direct (where I used to work which is what I have based my answer on).

bungle4by4

The_Turner wrote: »

Is it still taxed and insured, since it's still in your name. Do you have a copy of the reciept and his name and address?

no, i have his ebay email. and phone number, His name. and where he was from. all the paperwork was done and he took it with him. i didn't for one second think i was making a mistake. its obvious now that i have.

i suppose if i was a trader i'd know all about this stuff.

The_Turner

bungle4by4 wrote: »

no, i have his ebay email. and phone number, His name. and where he was from. all the paperwork was done and he took it with him. i didn't for one second think i was making a mistake. its obvious now that i have.

i suppose if i was a trader i'd know all about this stuff.

Request his contact details via ebay. Not sure if you get a full address but you may get a landline number. Just in case things turn nasty.

MoreOn

i'd phone the coucil and report an abandoned car first thing Monday..

The_Turner

Just another thought, does the receipt state the problem with the car?

poppasmurf_bewdley

Have you cancelled your insurance on the car? If so, the purchaser will have to insure it to leave it parked on the road. Have you check the AskMid website to see if it's insured? If it's not, then you can ring the police and tell them that there is an uninsured car blocking your driveway.

PS. The buyers hasn't got a leg to stand on As others have said, he could well have swopped something on the car (diff/transaxle, etc) in the time he had the car. More likely he took the car to a garage, found out how much it would cost to fix, and decided it was more than he had bargained for.

bungle4by4

The_Turner wrote: »

Request his contact details via ebay. Not sure if you get a full address but you may get a landline number. Just in case things turn nasty.

how do i do that? it was an uncompleted sale. he sent me a message and offered to buy it now..

the police will have all his details, they were talking to him at length. if anything turns strange its all documented in his notebook. im glad to say

bungle4by4

im cancelling my insurance first thing in the morning on it. i deal with a broker and they are closed on a sunday. i've never heard about askmid before, ill go and check that out. thanks

scheming_gypsy

The_Turner wrote: »

Request his contact details via ebay. Not sure if you get a full address but you may get a landline number. Just in case things turn nasty.

or if you go to send an invoice i think it has their address there... can't remember though.