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

motorguy

dan_cup wrote: »

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.

Yup. BUT because its would be quite easy to pin being a trader on you, i think your best bet is to refund.

After all, its not your money, and therefore not your problem.

spacey2012

The profit argument is mute.
You would not be the first trader to lose or fail to make a profit.
The key wording is title.
You did not own title to the property or claimed not to yet brokered the dealings.
That is a trader.
If they drag you to court, you could be in trouble if trading standards step in.

DCFC79

What you going to do OP ?

Sounds like a right mess your in.

Just refund and dont do it again.

photome

However you look at it the buyer sees you as a trader, and so do most on here.

The car wasnt yours,and you didnt know the owner, so that alone makes you a trader,doesnt it?

Ziggazee

Under the Sale of Goods Act faults which occur within 6 months of sale are deemed to have been present at the time of sale.
I think you've been given very good advice in this forum.....just refund the buyer, move on and learn a lesson. I've just been in a similar situation whereby a seller sold my partner a car which developed a head gasket fault within 6 weeks of buying. Dealer argued it was nothing to do with him, car was sold as seen, etc, and I put wheels in motion for taking him to Court. Amazingly once he'd taken advice from Trading Standards and realised our rights he backed down and sorted the repair.

photome

Ziggazee wrote: »

Under the Sale of Goods Act faults which occur within 6 months of sale are deemed to have been present at the time of sale.
I think you've been given very good advice in this forum.....just refund the buyer, move on and learn a lesson. I've just been in a similar situation whereby a seller sold my partner a car which developed a head gasket fault within 6 weeks of buying. Dealer argued it was nothing to do with him, car was sold as seen, etc, and I put wheels in motion for taking him to Court. Amazingly once he'd taken advice from Trading Standards and realised our rights he backed down and sorted the repair.

Only if the seller is a dealer, the above doesnt apply to a private sale.

The issue here is the seller thinks it was a private sale and the buyer thinks otherwise (and so do most others)

dan_cup

I dunno, he's now texting me saying he would take £800 refund to fit a new engine.


As a side note the buyer let me know his mechanic mate was servicing it, knock then started days later, how do I know he hasn't forgot to put oil in it and started it up, taking a valve out?!

motorguy

dan_cup wrote: »

I dunno, he's now texting me saying he would take £800 refund to fit a new engine.


As a side note the buyer let me know his mechanic mate was servicing it, knock then started days later, how do I know he hasn't forgot to put oil in it and started it up, taking a valve out?!

There is more to this than you're telling us, otherwise why would you care, and why would this seem to be your decision?

IF the 'owner' is happy with an £800 refund then thats what i would do and draw a line, otherwise i'd be telling the guy to bring the car back for a full refund.

cootuk

Maybe a different spec oil was in it before - a thicker oil could hide a knock. Cleaner oil might reveal a knock etc
Refund and pay their petrol money for return too.

Ziggazee

I was referring to the SoGA on the basis of the seller being a trader/dealer.....which it appears he is