Sold car privately, buyer wants me to pay for fixing it after couple of days later.

aurifere

Hi Everyone,

In November I have bought a car for my wife, but she said she wants something smaller to drive, so I decided to sell it. I was a legal owner of the car, V5 was on mine name and address. I'm not a car dealer, it was a private sale.
This is a copy of my ad on AutoTrader:
"Features & Description: 85k Miles with Full Ford Main Dealer Service History, Long MOT, Low Insurance, Cheap to drive, HPI Clear, 2 Keys, Excellent Overall Condition, Clean Inside and Out, Some Little Age Related Scratches but Nothing Serious, No timewasters, tyre kickers or business offers, please., Full service history, Next MOT due on 21/09/2015, Electric windows, Air conditioning, CD player, Height adjustable driver's seat, Folding rear seats, Metallic paint, Spare wheel (Space-saver), Power steering, Steering wheel rake adjustment, Steering wheel reach adjustment, Traction control, Central locking, Alarm, Immobiliser, Driver's airbags, Passenger airbags."


Guy came last Tuesday, before, he asked me on the phone about any issues, I told him about scratches, high clutch( which worked ok, with no slips etc.) He was happy and came to see it. On my driveway he was examing the car very deeply, he checked everything, car itself and all documents. I was trying to be as honest as I could, told him everything about the car, I showed him all scratches, scuffs etc. We have been on a test drive, we did about 10miles using town roads and motorway. The car worked as it should, to only issue was a hardly noticable something like a "whizz" on the 5 gear. We both agree that is nothing serious, everything worked properly. (When I bought a car my mechanic also checked the car and he didnt find any faults) After that buyer was very happy with my Ford and we made a deal.

We have signed a Car Purchase Contract, where one of the point is:
- "The seller undertakes to carry out work on the car" - He ticked NO
and also

- "The buyer accepts the car with specified faults" - He ticked YES


Then he took the car and drove it home (about 200miles!).


Five days later (last Saturday) he phoned me and said, that I sold him a damaged car! He had big difficulties on his way home, then he went to Ford garage where been told that there is a leek and some fault with the gearbox and it will cost 1200 Pounds to fix it! And he already spoke with lawyer and if I not cover that bill he will meet me at court because:


a) I sold him unroadworthy car.

I found on Citizen advice bureau website that:
"A vehicle is unroadworthy if using it would cause danger to the driver, passengers, other road users or pedestrians. Common signs that a car may be unroadworthy include:

• headlights that don’t work
• faulty brakes
• cracked wing mirrors
• worn out tyres
• seatbelts that don’t work properly
• a faulty exhaust system."

So I cant agree with him, all these where work perfect and the car was safe to drive, he also checked the car very carefuly and was really hapy with it.



b) He sais the that ma car didnt match the description from Ad, because i stated that "car is in excellent overall condition" which I in my opinion was on Tuesday. It wasnt perfect( I said to this guy many times that car is not perfect, there are some scratches, high clutch, cause its 6 years old, and 85k miles, but still looks and drives very well,he was ok with that)


c) He said that I wanted to sell it after a month, because I knew was faulty, what is completely not true.


Do I need to worry? When I was selling car everything worked as it should. I didnt force him to buy it!

I am also wondering why he didnt call me on Tuesday, when like he said: "Had big problems with driving this car home" ? Or even next day?
Its wird for me, and I dont want any problems, pay any money, or going to any courts.


If You could give me any advices I will be very grateful, cause I didnt sleep last night because of that. Thanks.
Jack.

agrinnall

Cease all contact with him and wait for court papers, if they ever arrive I will be astonished.

worried_jim

Tell him to jog on. He had plenty of opportunity to test the car and he did.

bigjl

He may try and infer you are a doorstep trader due to the fact you have only owned it a short period of time.

But if it is indeed a genuine private sale then the above post is also my opinion.

The buyer can go whistle.

There are more and more cases of buyers going legal shortly after buying a used car.

One reason why I sold my last car via WBAC i got the money same day, didn't have to deal with one tyre kicker or idiot.

And all for about £5/600 less than I would have got privately.

aurifere

Yes it was genuine private sale, I am not selling cars on a daily basis, just my wife is not the best driver and after she sat in Focus she said she wants smaller car, so decided to sell it.

Marktheshark

What "purchase" contract ?
Is this something you downloaded from the internet ?
Without seeing this contract, there is nothing to be advised.
Once a contract becomes involved things can get complicated.

A simple, bye off you go is far better in a private sale for the sellers point of view.

aurifere

The buyer printed it i think from Autotrader, and ask me for sign it. Because there was nothing what I wanted to hide, and I knew the car is ok, I signed it. Same as he did.

Marktheshark

Do you have an exact copy of this contract, did he have two copies you both signed ?
As a private seller the only thing you should have signed is the VC5, take it or leave it.
Without seeing the wording of this contract who knows where you lie legally now.

justjohn

tell him to get too...
Next time he wants a warranty tell him too purchase from a dealer

Alias_Omega

We have a 2.2 Mondeo which has 172,000miles. Its hopefully going to run forever.


The car is serviced by Fords, they tell me everything is wrong with the car, however it still starts, runs and passes its MOT.


The clutch went, local garage £420.. Fords £1250...


As you have said, the Buyer had a very good look at the car. Practically took it apart. I suspect the buyer bought this, took it home then decided against it... and hence trying to get some £££ back.

muckybutt

He has no recourse - tell him to foxtrot oscar off