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

bungle4by4

The_Turner wrote: »

Sadly you have no evidence to support this claim. He can equally claim you said it was and always has been in full working order.

your exactly right as well. so what happens next is i suppose in the hands of the buyer. im sure it will reach a head soon enough

ohreally

bungle4by4 wrote: »

i can as well, thats why it was talked over at such length before he even left his house. as i've already said, the gearbox has had a major overhaul 1500 miles ago. and we thought the problem was a case of sitting without running for 2 and a bit years.

That sounds as well rehearsed as it is repeated. Why was this information not disclosed in the ebay auction - did you perhaps have an agenda in not disclosing it?
I realise you want a sale and to secure the best possible price for your car but I think at best you made a serious error of judgement in remaining silent about the gearbox.

proactive

what a mess.

you do look a bit like you were deliberately keeping quiet about the gearbox op. a lie of omission is still a lie.

just my opinion though, but i wouldn't be best pleased if i was in the buyer's position, although i wouldn't be threatening violence or anything.

The_Turner

bungle4by4 wrote: »

your exactly right as well. so what happens next is i suppose in the hands of the buyer. im sure it will reach a head soon enough

Well let's hope he don't come back with four mates at 2am, kick your door in and take the cash and the car. Or do something worse.:eek:

proactive

The_Turner wrote: »

Well let's hope he don't come back with four mates at 2am, kick your door in and take the cash and the car. Or do something worse.

how very helpful...

The_Turner

proactive wrote: »

how very helpful...

Sadly, I've seen it happen.

atrixblue.-MFR-.

ive been following this thread with some mixed views.

personally, i dont believe OP will win at court he detailed his ebay add, and left off a fault he knew prior to listing it, SOGA descriptions apply here, vehicle is not described as in what the OP called good condition with the usual scratches for year etc etc etc.

courts do not take spoken words as gospel. written evidence is what the courts will look at you have no evidence to suggest you informed the buyer of this defect. on the other hand the buyer may have your ebay listing as evidence and will count against you.

my advice would be to call this buyer up, ask to meet in a public space instead of your property, ask him to bring all documents with him relating to the vehicle, and give him his cash back, and take someone with you also because he wont be alone so i advise you dont be either.

he gives you the keys and v5c you give him his cash and he signs a invoice for his time of driving it from time he drove off to time the police arrived at your house and he walked off. if he's been caught speeding you have his signed proof he had it in his possetion.

i just think this has gone too far and OP should give him his money and re list the car with the fault intermittant or not in the listing next time round and dont deviate from the ad if it on ebay it goes through ebay, if its on autoi trader go through auto trader etc etc

proactive

The_Turner wrote: »

Sadly, I've seen it happen.

i hope you rang the police when you saw it happen and didn't just watch

Poppy9

Agree if the fault was bothering you it seems odd you didn't mention in Ebay ad.

However if you had not discussed the fault with the buyer before purchase then I would imagine you would be saying "it was fine when it left here" especially if as you say you can prove you spent £1500 overhauling the gearbox 2 years ago.

The buyer had a test drive and it drove fine so you could have just denied any knowledge of fault!

The_Turner

proactive wrote: »

i hope you rang the police when you saw it happen and didn't just watch

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