Please help - Sold car and its now got a fault, buyer wants refund/bring car back

colino

Nice to see that with the, "seller" away that you are in the driving seat for negotiations.
Give the buyer all of his money back and extract yourself with some dignity now; otherwise the totally separate, nothing to do with you, garage will get embroiled in this and any, "fair thinking man" will do very well out of you, the seller and the garage in court.

sharnad

techspec wrote: »

But is it a private sale?

As the op describes it yes it is

photome

sharnad wrote: »

As the op describes it yes it is

but the evidence casts doubt

Chopper_Read

sharnad wrote: »

As the op describes it yes it is

But you could say that about any trader selling off his drive who claims they are private sales.

motorguy

Chopper_Read wrote: »

But you could say that about any trader selling off his drive who claims they are private sales.

Exactly. None of them are private sales no matter what the seller says. And its small time traders selling off their driveway 'private sale' and putting the profit into their back pocket who are destroying the motor trade.

In this case the O/P has previously sold cars on ebay for his father in law who is a motor trader. NOW, allegedly he has sold a car for his father in law who is a motor trader who was selling the car on for a 'friend' AND the car was sold off the forecourt of the father in laws motor trading business.

AND the O/P does all this because he is a nice guy and is getting nothing out of it? Yeah Right.

IF this goes to court, OR the buyer rings trading standards, they will be on this like a rash - and rightly so.

forgotmyname

Just refund him and move on. It sounds like the buyer wont give up on this and it really does look like he will be able to prove that you are a trader.

So unless you want to risk the costs to have your day in court trying to prove otherwise just refund and resell it.

sun-n-moon

Buyer sounds pretty genuine to me. He has to suffer 1200miles travel to sort this out so thats a big cost. You'll lose in court and have to pay out maybe more than the £400 you've offered him.
It would take a fair bit of hammer to damage a good V8 in 2 weeks surely?
Take the advice and pay up. Think yourself lucky to get out of a bad situation so easily.

techspec

sharnad wrote: »

As the op describes it yes it is

True, and had there not been a garage involved - the advice on here would probably be - tell the buyer it was a private sale and no refund or returns. The fact no receipt was given - means thats a route the seller can still take. Had the buyer thought he was buying from a garage - surely a receipt would have been in order. I do hope he said "without prejudice" when offering £400 back though - as an offer is often taken as an admission of guilt.

Only the seller knows the tone / attitiude of the buyer. Maybe holding back a bit longer and seeing if the buyer backs off.

But the fact the money went into a third party's bank account - again muddies the water.

Private sale, maybe - we can only go on what we are being told - but thats not the way its been made to look.

cootuk

If it's something like piston slap then it's a recon engine so the buyer would be fairly miffed that he's been sold a right clunker from a garage forecourt through Ebay as an alleged private sale.

dan_cup

Thanks for your views people.

I seem to have taken a few slaps!

I know a lot of you have made your mind up already but the facts are genuinely,

A friend of my in law asked to advertise a car at his place, I then put it on eBay on my own account to get further exposure.

There was nothing wrong with the Discovery. The buyer even said so himself.

I listed that it was being sold for someone else. Yes I dealt with it all because message come at all times of the day and if I know the answer I don't need to ask the owner.

The buyer has the disco for 10 days and unfortunately a cylinder starts knocking.

Because he collected it from the garage he assumes its their car, but its not. It's not gone through their books as it was just helping the owner to sell it.

I can't be any more truthful.

This is a crap situation for both parties.