Sold a car - now paranoid

andygb

We sold a car at the weekend for just over £4K (not an awful lot, and we had dropped £600 because we could not afford to keep it insured and sitting out in the road). The advert was simple, the people turned up, had a good look around it (under bonnet, in boot, looked underneath, looked at all the paperwork and service history), and then I took them for a good test drive, on a variety of roads, up to motorway speeds. Everything works on the car, and I spent a lot of time cleaning it out and giving it a good polish. They were more than happy, and as the payment has cleared they have taken it away, and I have sent off the completed form to the DVLA.
However, after reading some of the stories on here, I cannot help think that I will get a niggling call about something really simple/petty/wear and tear, or the like.

fivetide

You may but you know what - tell em where to go. Unless you sold it knowing there was a major fault or lied about something when asked (Cat D write off or something) then you are fine.

5t

Red_Cat

When I have sold a car, I always mark the receipt "Sold as seen". I don't know if that has a legal benefit, but the intention is clear. Plus when buying second hand, they can't expect perfection or even renewables such as batteries to be in an A1 condition.

It sounds like you have been decent in getting the car cleaned up nicely - I wouldn't worry. If they come back, I wouldn't entertain any concept of warranty.

colino

If you are a genuine, private seller you can forget the old thing, it's history, gone.
You advertised the car for sale, they inspected, it was to their liking, they haggled on the price until that too was to their liking.
Deal done.

pulliptears

colino wrote: »

If you are a genuine, private seller you can forget the old thing, it's history, gone.
You advertised the car for sale, they inspected, it was to their liking, they haggled on the price until that too was to their liking.
Deal done.

Not quite that simple. A lot hinges on advertising. You can write 'sold as seen' on anything you like but if you describe a car as "excellent runner" or "lady owner" and it turns out that its a shed owned by a bloke named Nigel you have every right, whether you inspected it or not, to go after the seller under the misrepresentation act.

Sold as seen does not affect your rights, and in some cases (traders etc) can be seen as an effort to limit them.

andygb

I must admit that I did not put "sold as seen" on the receipt, just the relevant details - price, vehicle, reg number.
In the advert I did not even put VGC/one careful owner/lady owner or the like.
It had six months MOT and tax and a bit of fuel in the tank (so many cars I have been to see, already have the fuel light flashing).
It has never had a problem with its MOT - no advisories either, all the tyres are legal, but will need to be changed at or after the next MOT depending on mileage and how they drive.
It is ages since I have sold a car, and I have just got the "heebie jeebies".

colino

Absolute Bull.
With genuine, private sales only misrepresentation worth pursuing is when a downright lie is told about an article. Good, excellent etc., are words that from a private, non-expert, individual are entirely subjective and untestable in weight of opinion.
Even when a lie is verbally told, what evidence would you suggest a complainer uses to waste money with their solicitor?

pulliptears

colino wrote: »

Absolute Bull.
With genuine, private sales only misrepresentation worth pursuing is when a downright lie is told about an article.

Which is exactly what I said above is it not? Or did you not read that bit? If it helps you, I'll repeat it: A lot hinges on advertising. You can write 'sold as seen' on anything you like but if you describe a car as "excellent runner" or "lady owner" and it turns out that its a shed owned by a bloke named Nigel you have every right, whether you inspected it or not, to go after the seller under the misrepresentation act.


Good, excellent etc., are words that from a private, non-expert, individual are entirely subjective and untestable in weight of opinion.

If the advert says for example "never had a problem in the last 6 months" and yet the car has obvious signs of recent mechanical work then obviously independent reports can be gained to verify and court action taken.

Even when a lie is verbally told, what evidence would you suggest a complainer uses to waste money with their solicitor?

Who mentioned verbal? I mentioned the WORDING in the ADVERTISEMENT.
A complainer would go via a small claims court, based on evidence from an independent report. Or, if per my example the ad says "one lady owner" and the car has had 6 male owners the history of the vehicle should suffice.

ETA:

If you buy a second hand car privately
If you buy a second hand car from a private seller you have fewer rights than if you buy from a dealer. Key parts of the Sale of Goods Act don’t apply – there is no legal requirement that a car is of satisfactory quality or fit for its purpose.

However, legally, the seller must:

accurately describe the second hand car (for example, an advert must not say ‘one owner’, when the car has had several)
not misrepresent the second hand car (tell you something about the car which isn’t true – so, for example, if you ask whether the car has ever been in an accident, the owner must answer truthfully)

From Which:

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-buying-second-hand-cars/second-hand-cars-your-rights/

fivetide

pulliptears wrote: »

From Which:

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-buying-second-hand-cars/second-hand-cars-your-rights/

so for the OP's benefit - you can tell them to 'foxtrot oscar' if they come back - sounds like you've been the perfect vendor!

The only bit of advice I would give for future sales is to give a reciept and keep a copy for yourself with the date and importantly time on it.

Just in case they decide to 'test the performance' a bit on the way home, spark off a speed camera and try to blame you!

5t.

pulliptears

fivetide wrote: »

so for the OP's benefit - you can tell them to 'foxtrot oscar' if they come back - sounds like you've been the perfect vendor!

The only bit of advice I would give for future sales is to give a reciept and keep a copy for yourself with the date and importantly time on it.

Just in case they decide to 'test the performance' a bit on the way home, spark off a speed camera and try to blame you!

5t.

Exactly. As long as OP described the car accurately and honestly they have nothing to worry about. I was more trying to make the point that sold as seen really means nothing and being honest in a description is everything.

andygb

pulliptears wrote: »

Exactly. As long as OP described the car accurately and honestly they have nothing to worry about. I was more trying to make the point that sold as seen really means nothing and being honest in a description is everything.

My concern, is when they find out the reality of what life is like living with that car (not just the one I sold them, but any car of that particular model, engine type), rather than the manufacturers hype, regarding fuel economy, ride comfort (particularly on B roads) and road noise, and particularly the gear ratios.
Still, that is not my problem, because that is one created by the motoring press and the manufacturer.;)