Sold a car, air con stopped working, buyer complaints

motorguy

pendulum wrote: »

It was advertised as having aircon. It has aircon. Is there a reasonable assumption that the aircon should work? Not really... loads of used cars have aircon problems, it's a classic downside to buying USED cars... and it doesn't affect the ability of the car to get from A to B.

They're probably just trying it on anyway, it seems to be quite common these days for people to do this.

If its been advertised as having it, then it has to be working, otherwise where would you draw the line - cd player (not working), electric windows (not working), etc.

motorguy

mikey72 wrote: »

Well, lots of good advice. Let's hope the buyer doesn't nip into the local garage, get it fixed, and come away with a report saying it had a microscopic leak, the sort you could re-gas with a can from Halfords in the morning, then it would last a day or two, then leak away again. Saying as we're all sure there is absolutely no comeback, and the buyers already going to be adding the solicitor fees on top of the work. So long as you're all sure with the op's money.

I happen to agree with you - the buyer has rights here, as i've already said.

photome

mikey72 wrote: »

Well, lots of good advice. Let's hope the buyer doesn't nip into the local garage, get it fixed, and come away with a report saying it had a microscopic leak, the sort you could re-gas with a can from Halfords in the morning, then it would last a day or two, then leak away again. Saying as we're all sure there is absolutely no comeback, and the buyers already going to be adding the solicitor fees on top of the work. So long as you're all sure with the op's money.

I am normally with you on your crusade against dealers BUT the seller sold it with Aircon working the seller has proof it was working. As long as the OP isnt lying about a fault that was already there then IMO the buyer has no comeback

mikey72

vax2002 wrote: »

For all you know they could have tried to top up the aircon.
A lot buy these kits and try to attach them on the high level line on top of the engine and end up de-pressurising the system, most inlets are behind the wheel arch.
How would you know they had just not de-pressurised the system messing about under the bonnet.

He might. So, you're in a small claims court, the buyer may or not not have a report stating the aircon may or may not be defective, but could suggest it was gassed up just to make it work for a day or two. He had the car for a day, suggestions for the seller to use as a defence are it's working and the buyer is trying it on, the buyer bought a £5k car to strip for parts, or the buyer took it home, it was working, so he spent £40 on a can of gas anyway? Even within an independent report, how would you vote?

s_b

my opinion is buyers are trying it on
as also said they are probably going to use a relative who is a solicitor to send seller a carefully transcripted letter
its a bit like having an accident and 14 cousins make a claim for whiplash and that they were all sat in the mini when it was hit by other party

tell buyers to do one and you will see them in court all day long

of course this is assuming aircon was properly working and hadnt just been filled hours earlier

we will never know the answer to this one though

im-lost

mikey72 wrote: »

I guess your idea of great condition is a bit lower than mine. For a 5 grand car, I'd expect the advert to be a list of things that actually work, or I'd see the op in court. Just my opinion if I'd bought it.

could you look in to your crystal ball to see if my bike is suddenly going to develop a fault over the next day or two?

you wouldn't see they OP in court, well you might but you will be paying for it.

The air con was working at the point of sale, as stated by the OP and by the buyers, ergo the car was as described, the fact it broke is neither here nor there.

its like saying you got a chipped windscreen or puncture whilst driving it home and trying to hold seller liable.

Really some people live on another planet.

mikey72

im-lost wrote: »

could you look in to your crystal ball to see if my bike is suddenly going to develop a fault over the next day or two?

you wouldn't see they OP in court, well you might but you will be paying for it.

The air con was working at the point of sale, as stated by the OP and by the buyers, ergo the car was as described, the fact it broke is neither here nor there.

its like saying you got a chipped windscreen or puncture whilst driving it home and trying to hold seller liable.

Really some people live on another planet.

Don't know about your bike, if it's the one you bought off me this morning, probably, as I used a paper clip on the chain to get you down the road. If you'd had it a month or two, you should know better than me.

pendulum

pgilc1 wrote: »

If its been advertised as having it, then it has to be working,

Says who?
I advertised my old Fiesta as having electric windows, sunroof, and aircon, but I barely used the aircon and had no idea if it worked properly or not. It is not my job to check either, it is the buyer's. Similarly, the sunroof didn't open or close smoothly - in other words, didn't work properly - but it's still a sunroof thus was advertised as having such.

By saying it had aircon I was informing them the system is fitted. Whether it needs maintenance or not is up to the buyer to ask or check before driving it away. In this case the aircon worked when the buyer first had it so the seller has a very strong case.

I guess your idea of great condition is a bit lower than mine. For a 5 grand car,

It doesn't matter how much it costs, it is a USED car and WILL have faults. And if this fussy buyer only ever buys a vehicle that has a dodgy aircon, then he'll have done well. This is assuming the buyer is genuine, he probably isn't.

Tilt

SOGA does not cover private sales UNLESS the buyer can show the seller has deliberately falsely advertised the vehicle.

As previously been mentioned, are they using it correctly? for example, while the windows are open?

motorguy

pendulum wrote: »

Says who?

The Sale of Goods Act.

http://whatconsumer.co.uk/second-hand/

Specifically relating to second hand / used goods such as cars.

"it must be as described in the advert"

"Depending on the problems encountered (safety implications for example, if it is a car), the length of time you’ve had it, the price you paid and your expectations of the future usage, you may have a good chance of rejecting the item and claiming a full refund."