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Sold car privately, buyer wants me to pay for fixing it after couple of days later.
Comments
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He's really trying it on, isn't he.
Read up about the court process so that you can defend the claim when it comes.
From a Trading Standards site:When you buy a used vehicle from a trader you are making a legally binding contract. You have legal rights against the trader under the Sale of Goods Act 1979...
When you buy a used vehicle from a private individual, you don't have the same rights as you do when buying from a trader. The legal principle of caveat emptor, or 'buyer beware' operates. You do not have a legal right to expect that the vehicle is of satisfactory quality or fit for its purpose, but there is a legal requirement that it should be 'as described'. For example, if an advertisement says 'low mileage, one previous owner', it must be correct. You should check the vehicle thoroughly before you buy it.
Whether you buy privately or from trader, you are entitled to expect that the vehicle is roadworthy, unless you and the seller clearly agree it is bought for scrap or for spares and repair. You should be aware that a vehicle sold with an MOT certificate does not guarantee that it is currently roadworthy, only that at the time it was tested it met the required safety standards needed to gain the MOT certificate.0 -
Everyone is quick to assume the buyer is a scammer but what if he is a genuine buyer with a car that is not roadworthy and no cash to replace it.
I think most buyers would be suspicious of someone selling a lemon after only owning it for 1 month.
If he is genuine and has no way of replacing the vehicle he might think it's worth the small fee for the small claims court. There is no guarantee which way the judgement will go the short ownership by the seller will be noted and may look dodgy.
Maybe I'm naive but am I the only one that thought the original ad sounded like a trade ad?
~Laugh and the world laughs with you, weep and you weep alone.~:)
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Everyone is quick to assume the buyer is a scammer but what if he is a genuine buyer with a car that is not roadworthy and no cash to replace it.
I think most buyers would be suspicious of someone selling a lemon after only owning it for 1 month.
If he is genuine and has no way of replacing the vehicle he might think it's worth the small fee for the small claims court. There is no guarantee which way the judgement will go the short ownership by the seller will be noted and may look dodgy.
Maybe I'm naive but am I the only one that thought the original ad sounded like a trade ad?
But a genuine buyer would/should realise that it is their problem if they buy a car privately that has a fault. The reason private sales are lower is that they don't come with warranty or the comeback that you can get from a trader.
BTW most details entered in an Autotrader ad are provided by them around the details you supply so I don't think you can read anything into that. Seller also appears to be someone that doesn't have English as their first language so maybe copied ways of wording from another ad?Remember the saying: if it looks too good to be true it almost certainly is.0 -
Everyone is quick to assume the buyer is a scammer but what if he is a genuine buyer with a car that is not roadworthy and no cash to replace it.
I think most buyers would be suspicious of someone selling a lemon after only owning it for 1 month.
If he is genuine and has no way of replacing the vehicle he might think it's worth the small fee for the small claims court. There is no guarantee which way the judgement will go the short ownership by the seller will be noted and may look dodgy.
Maybe I'm naive but am I the only one that thought the original ad sounded like a trade ad?
Autotrader populates a lot of the text from the registration number of the vehicle.
The advert for my car when I was selling it read" Don't miss this 2005 Golf GTI, make that great choice today with that must have vehicle, learn more about this vehicle by contacting me today and complete your driving dreams.
Then the usual blurb of options FSH 1 owner mileage price and NO OFFERS, timewaster , text , emails or dreamers.
1st to see did buy.0 -
But a genuine buyer would/should realise that it is their problem if they buy a car privately that has a fault. The reason private sales are lower is that they don't come with warranty or the comeback that you can get from a trader.
I appreciate that but I would be suspicious the fault was known given the short period of time the seller owned car for and that I was deliberately misled. As I say if the buyer cannot afford to write it off then they may feel it's worth trying small claims court.
A few questions that maybe asked. He said he bought car for his wife but was in his name. Why not in her name? Who insured the car, as registered keeper I assume him. Was wife even insured to drive it?
While my OH may actually check out car, do deal etc. it's my car, registered in my name. He has his own car registered in his name. Why would someone buy a car for "wife" but register it to himself? Will the county court find this relevant? ~Laugh and the world laughs with you, weep and you weep alone.~:)
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Really - never buy privately but that ad made me laugh !:rotfl:Autotrader populates a lot of the text from the registration number of the vehicle.
The advert for my car when I was selling it read" Don't miss this 2005 Golf GTI, make that great choice today with that must have vehicle, learn more about this vehicle by contacting me today and complete your driving dreams.
Then the usual blurb of options FSH 1 owner mileage price and NO OFFERS, timewaster , text , emails or dreamers.
1st to see did buy. ~Laugh and the world laughs with you, weep and you weep alone.~:)
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While my OH may actually check out car, do deal etc. it's my car, registered in my name. He has his own car registered in his name. Why would someone buy a car for "wife" but register it to himself? Will the county court find this relevant?
Our cars are all in my name but insurance is in my wife's. I don't see any relevance in that.
What the buyer needs to realise is as per the link given previously from CAB, as long as the car is as described the seller is covered. If they said it had a new gearbox and the gearbox was clearly broken then there may be an issue. If no mention of gearbox and it fails then it really is buyer beware.Remember the saying: if it looks too good to be true it almost certainly is.0 -
I appreciate that but I would be suspicious the fault was known given the short period of time the seller owned car for and that I was deliberately misled. As I say if the buyer cannot afford to write it off then they may feel it's worth trying small claims court.
You weren't deliberately misled though and from the information we were given, neither was the buyer of the OP's car.
They may feel it's worth a risk, but really they're just throwing away more money.
None of this is relevant to the thread.A few questions that maybe asked. He said he bought car for his wife but was in his name. Why not in her name? Who insured the car, as registered keeper I assume him. Was wife even insured to drive it?
I very much doubt it.Will the county court find this relevant?All your base are belong to us.0 -
Retrogamer wrote: »You weren't deliberately misled though and from the information we were given, neither was the buyer of the OP's car.
They may feel it's worth a risk, but really they're just throwing away more money.
None of this is relevant to the thread.
I very much doubt it.
But a court might be influenced by this in deciding if OP is a trader pretending to be a private seller or if he knew about the fault and deliberately fabricated a story for the reason for sale after such a short period of ownership.
The OP does say when he bought the car a month earlier his mechanic inspected the car and found no faults so he should ask this mechanic for a written confirmation of this. ~Laugh and the world laughs with you, weep and you weep alone.~:)
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Can I ask why all the cars are registered in your name? Maybe I'm being over sensitive here but it sounds old fashioned like a kept woman. No way would my OH accept his car/motorbike being registered in my name as they are his, same my car is mine, so registered in my name.Our cars are all in my name but insurance is in my wife's.. ~Laugh and the world laughs with you, weep and you weep alone.~:)
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