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Buyer is alleging that a sold vehicle had an accident.

gravemind
gravemind Posts: 26 Forumite
edited 10 March 2015 at 5:00PM in Motoring
I sold a vehicle last week. The vehicle was under three years old and at the time of the sale in perfect condition with full service history and low mileage. The vehicle did not have any ABI category and the manufacturer had advised that warranty would be upheld on sale. So I sold the vehicle as is. The buyer was happy with the vehicle and completed the sale. After a few days the buyer called me back saying that the vehicle had an accident before. Just to make sure I checked HPI again for any Category on the vehicle and no category is on the vehicle. On further conversation with the buyer I learnt that the buyer had taken the vehicle to show it to a "friend who owns a garage" and thinks that the vehicle is accident damaged. I advised him to take the vehicle to an authorised dealer and enquire if the warranty is void. The dealer assured that warranty is not void. But now the buyer wants either to renegotiate the price or a refund for the vehicle.

The car does not have any category.

I didn't advertise the vehicle as accident free or anything. Just a standard ad format.

Only thing that I advertised as is still under manufacturer warranty.

The only reason I feel obliged to entertain this guy is he keeps on sending text, phonecalls and emails.

I am not aware of any accident with the car

What are my options here?
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Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Assuming that this was a private sale your options are simple - tell him to do one as they have no comeback. As long as it wasn't misadvertised then sold as seen.
  • 19lottie82
    19lottie82 Posts: 6,031 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    agreed, sold as seen, tell him this then ignore.

    even if a car is a cat c/d, you have no legal obligation to declare this as a private seller, as long as the car isn't mis described at the point of sale.
  • Herzlos
    Herzlos Posts: 16,004 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You can tell him to meet you at an authorised dealer to confirm it's not accident damaged or repaired. He'll likely change his mind.

    Bear in mind that it won't have been given a category unless it was written off.

    Of course, he's had it a week, so he might have caused the damage, or is having buyers remorse and looking for an out. As said, private sale is sold as seen though so you're not obliged to do anything.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Herzlos wrote: »
    You can tell him to meet you at an authorised dealer to confirm it's not accident damaged or repaired. He'll likely change his mind.

    Bear in mind that it won't have been given a category unless it was written off.

    Of course, he's had it a week, so he might have caused the damage, or is having buyers remorse and looking for an out. As said, private sale is sold as seen though so you're not obliged to do anything.
    Why would the OP even entertain this. Even if there is previous accident damage it's a valid sale and the buyer has no comeback. No need to enter into dialogue with the guy, just politely reject his claim and refuse any further contact.
  • Typhoon2000
    Typhoon2000 Posts: 1,172 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Unless of course the seller has described the car being accident and repair free, when it has been in an accident whilst the seller owned the car.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    "I've not had an accident in it and don't know of anyone else that has. I'm not refunding it, you had plentiful opportunity to inspect it before buying. It's your car now so don't contact me again! Bye"
  • Stoke
    Stoke Posts: 3,182 Forumite
    19lottie82 wrote: »
    agreed, sold as seen, tell him this then ignore.

    even if a car is a cat c/d, you have no legal obligation to declare this as a private seller, as long as the car isn't mis described at the point of sale.

    I'd disagree. As a private seller, if you're aware you should really declare this.
  • Stoke wrote: »
    I'd disagree. As a private seller, if you're aware you should really declare this.
    As a private seller you have no obligation to divulge the information. you only have to describe its current and standing condition honestly. not what previous accidents or category write off it has recorded in the past. it falls the buyer to do their homework on the vehicle before purchase.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    If the buyer asks the question then the seller is required to answer honestly. But the seller is not required to volunteer such information.
  • gravemind
    gravemind Posts: 26 Forumite
    Stoke wrote: »
    I'd disagree. As a private seller, if you're aware you should really declare this.

    The car does not have a category. I never had an accident with the car. So I don't know what I was supposed to declare when I sold the vehicle.
This discussion has been closed.
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