Buyer is alleging that a sold vehicle had an accident.

gravemind

Johno100 wrote: »

That's the impression I get from the OP's carefully worded posts. If he is not giving us the full story on an anonymous message board I think the odds are the same would have gone for the purchaser of his car.

The reason why I don't mention if the car had an accident or not is because I don't know. The car was in perfect condition and I never had any problem when I drove the car. I had the car for 4 months and did 3000 miles on it. Never gave me any problem.

maninthestreet

mad_rich wrote: »

Nowhere in your first post to you say that they car has not had an accident. Would I be right in thinking that it has, and that you knew about it?

As has been said before, you must answer honestly if the buyer asks, but you don't need to volunteer such information.

However if you try to pull the wool over the buyer's eyes, and sneak an accident-damaged car past him, it's fair enough that he should be a bit miffed when he finds out. And it's fair enough that you should endure a bit of hassle after the sale. You likely won't end up having to refund him any money, but you should deal with the fallout.

Apologies if I've misread the situation, but that's how it sounds from reading between the lines.

OP stated: I am not aware of any accident with the car

Johno100

maninthestreet wrote: »

OP stated: I am not aware of any accident with the car

Only after he just edited it.:rotfl:

mad_rich

maninthestreet wrote: »

OP stated: I am not aware of any accident with the car

I think this bit of information was added when the first post was edited at 16:00, one hour and 5 minutes after my post.

OP - I'm still not quite clear whether you knew, suspected, or guessed the car had been an accident when you sold it, or whether it's a genuine revelation to you. Which of the following statements most closely matches the truth?

A: "I had an inkling that the car had been in an accident, but I didn't know for sure. When I sold it, I didn't mention my suspicion to the buyer, and hoped he wouldn't ask. Caveat Emptor.", or

B: "I had absolutely no idea that the car had been in an accident. The thought had never entered my head until I got a phone call from the buyer a week later. I nearly fell over with shock."

Of course it's not really our business, and you're under no obligation to answer, but if you're looking for help on here it would help if you gave us the full story. The truth, the whole truth, and nothing but the truth, without clever wording of your replies!

gravemind

mad_rich wrote: »

I think this bit of information was added when the first post was edited at 16:00, one hour and 5 minutes after my post.

OP - I'm still not quite clear whether you knew, suspected, or guessed the car had been an accident when you sold it, or whether it's a genuine revelation to you. Which of the following statements most closely matches the truth?

A: "I had an inkling that the car had been in an accident, but I didn't know for sure. When I sold it, I didn't mention my suspicion to the buyer, and hoped he wouldn't ask. Caveat Emptor.", or

B: "I had absolutely no idea that the car had been in an accident. The thought had never entered my head until I got a phone call from the buyer a week later. I nearly fell over with shock."

Of course it's not really our business, and you're under no obligation to answer, but if you're looking for help on here it would help if you gave us the full story. The truth, the whole truth, and nothing but the truth, without clever wording of your replies!

I had no idea that the car had an accident and frankly do not believe that the buyers allegation has any merit. When I purchased the car I did an HPI check for category and inquired with the dealer about warranty and never gave it any thought after that.

motorguy

gravemind wrote: »

I had no idea that the car had an accident and frankly do not believe that the buyers allegation has any merit. When I purchased the car I did an HPI check for category and inquired with the dealer about warranty and never gave it any thought after that.

Decline to discuss it further with the buyer.

I take it as it was only a couple of years old you bought it from a franchised dealer or large dealership?

IamNotAllowedToUseMyName

I'd go for the buyer beware option on this. As a private seller you must be honest, but assuming the buyer never asked about accidents and you didn't lie, then he has no redress.

If he texts again, I would suggest that you give him one final reply along the lines of:

I am sorry you are disappointed in your purchase. You had ample time to inspect the vehicle and if you had any doubts you could have walked away. For the avoidance of doubt, I am unaware of any accident damage, though the car was only in my possession for 4 months. If neither you nor I were aware of accident damage (if such an event did occur), then I would suggest it is indicative of a professional repair and there is no significant loss of value to compensate.

As far as I am concerned, the point to have bargained on the condition of the car was before the sale was concluded. If you persist in contacting me further over this matter then I will consider this harassment. Harassment is a criminal offence and I will not hesitate to contact the police if you persist, this is your only warning.

19lottie82

Stoke wrote: »

I'd disagree. As a private seller, if you're aware you should really declare this.

Morally, well that's up to you.
Legally, no, you don't have to.

You can find this out very easily by googling it, rather than just saying you disagree. Not very helpful when people are looking for advice.

Richard53

I'm not suggesting contacting the buyer and telling him this, but you might bear in mind that many 'new' cars (i.e. off the dealer forecourt, delivery miles only) have suffered damage in transit and are 'repaired' before the new owner takes possession. It's repaired to a high standard, the dealership doesn't tell the new owner, and the new owner probably never realises. So even if the buyer's mate has genuinely found evidence of a repair, there's nothing to say that it wasn't present before even the first owner took it home.


The guy is a chancer. Either he has changed his mind, or he's looking for a bit of post-sale discount. Either way, he hasn't got a leg to stand on. Caveat emptor, unless you actually misled him.

gravemind

As per his "Garage Mate/Semi Legal Professional" advice it was my responsibility to contact DVLA to put a category on the vehicle:rotfl: I should have made a RAC check before selling the vehicle. I asked him if he made one his answer was I am going to.
Since the buyer is persistent on his claim I am thinking of giving into his demand with the following caveat.

1) He can return the vehicle if he wishes to on the condition that he brings the full log book sent by dvla(usually 3 to 4 weeks to come) and the vehicle should be in the condition that it was advertised.

2) Plus I ll deduct £1000 as the number of keepers have now changed from one previous keeper to two depreciating the value of the car and further £2 deducted for each mile he drove from the time of sale.

What do u guys think?