Sold as seen now buyer wants to return and threatening legal action

shell7t8

Hi all,

I hope someone can give me some guidance.

I recently sold my car privately. First time ever sold a car.

The buyer turned up with his friend on the day who he said was an experiences car buyer. He checked the car over, checked the oil/tyres/engine etc etc. Took it for a test drive. Told me it needed a new tyre and also he thought the shocks needed doing but that he was happy to proceed and didnt want any money off etc and that the engine sounded great and was exactly as described.

He paid me the money, filled in the relevant parts of the v5, insured it, taxed it and took away the car and all the paperwork inc the mot and service history.

I subsequently posted off the v5 with newkeeper details the same day and he drove it 150 miles home.

Two days later i get atext saying he is returning the car as it has lots of faults which he wasnt aware of that now he hashad it checked by a mechanic he no longer wants it.

His reasons are an oil leak and something about the pistons needing rebuilding. Also that all of the shocks need doing snd not just one ashe had iriginally thought. He is saying on that basis the car is unsafe and dangerous and unroadworthy therefore im committing a criminal offence and it is not fit for purpose.

I really dont know what to do since a) i told him on the day i knew nothing about cars and that my description, which after test driving it he was happy with about the engine starting first time and sounding great was as far as i knew and b) i cant issue a refund since i hVe now purchases a new car with the funds from that one.

He is scaring me by saying i have acted illegally and that he has taken legal advice and i need some advice on my own on what my rights and obligations are.

Obviousely i would not have sold the car if it was unroadworthy since i had been driving it myself without any issues! He has even said he knows i didnt knowingly sell it with any issues but still that he is entitled to a full refund and is bringing it back as no longer has insurance! He has also said he is contacting dvla to cancel the change of keeper.

Im losing sleep over this now and just dont know what to do please can someone help??

S

shell7t8

He is threatening legal action and saying ive committed a criminal offence selling an unroadworthy car though...how can i prove i didnt know and do those faults really constitute to it being "a death trap" and unroadworthy?

Nilrem

I'd tell him to go take a long walk off a short pier.

It sounds like you advertised it ok, he had a thorough inspection with his friend and was happy about it.

My guess is he's after a hefty discount after the fact to pay for the "work" his mate has decided it needs (work that probably doesn't need doing).

I'd suggest posting in the motoring section as there are a lot of threads along these lines in there.

CoolHotCold

It's a common scam.

Inspect car, pay money, leave act alright.

Few days later the seller gets a message saying things are wrong and it's unsafe and they want to return it else threatening criminal proceedings against selling a unroadworthy vehicle.

Commence communication back and forth where the buyer eventually says "Alright, I'll keep it but it'll cost £$$$$ to fix so pay me £$$$".

Seller, relived to be given a "out" after the hassle and worry agrees to pay.



It's a common tactic and morally corrupt buyers/pro-con men will do this, keeping the pressure up until the seller relents. If it's someone who does it for a living, expect the car to be in a "accident" soon.

bod1467

Just one cautionary note ... someone posted in the Motoring board regarding a similar story. The buyer took them to court and won ... caveat emptor wasn't accepted.

(Most of us over there thought the judgment was a travesty of justice).

pinkshoes

Most importantly, before we can advise you, what did it say on the advert? how did you describe the car? What wording did you use?

Do not reply yet to his message. Get facts together first and do not agree to anything

macman

As above, this has scam written all over it. An 'experienced car buyer' does not pay the advertised price. Unless you misrepresented it, or lied about it's condition, there is no comeback, so tell him to Foxrot Oscar.
Most importantly, do not get into a texting exchange with him. Block his number once you have told him that he bought the car as seen and any faults are his responsibility.
How long ago was the vehicle MOT'd?

shell7t8

Thankyou for all of the replies folks.

Update is that he has now sent me a report from a supposed garage (looks like the kind of thing anyone could have put together although iv'e checked on the net and the garage is real). The report has various headings and then tick boxes saying "ok", "requires attention" and "unsafe". The "unsafe" tickboxes are for

Tyres (he knew about the tyre replacement needing to be done and mentioned it before buying but said no problem)
Wipers - no known problem to me think hes ticked it as it makes it "unroadworthy"
Washers - again no known problem to me in the whole time i've driven it !
Brakes - hes put "flexi pipe split". I have no idea what this is and only had the pads replaced a month before i finished driving it again, no know nproblems to me
Suspension - hes put unsafe - corroded. I dont understand what this means and not sure how i could have known.
Engine - oil leak- fire hazard as blowing blue smoke. This was an advisory on the MOT which was given to him before he purchsed.
Body work - chassis split under boot - i dont believe this but am no expert.

He is saying i have therefore committed a criminal offence under section 75 of the road traffic act and the sale of goods act.

really dont know what to do next !! Please help.

On the advert I said that it had some damage to the boot lid (he was aware of this and happy to repair it thats why he paid less than its worth (by quite a lot!). I also said that it started first time and had not let me down in the time id been driving it. This is/was 100% true.

I am worried because if i tell him to not bother me anymore and he then goes to the police, will tey come and arrest me for sellign an unroadworthy car. I work for a bank so can't afford to have a prosecution on my file as will get dismissed instantly.

m0bov

I dont think SOGA applies to a private sale and its now obsolete anyway. If he wanted a garage to check it, should have been checked before the purchase. The car has an MOT, those faults don't just appear overnight. From what you said, you have not missold the car. I would write back and say you are not the owner of the car, it was sold has seen and if he wanted a warranty then he should of purchased from a dealer. Add that you will no longer engage in any correspondence with him. The important thing to ask yourself...Did you KNOWINGLY sell an unroadworthy car, did you MISREPRESENT the car. If its no to both, relax and let him try it on.

glentoran99

bod1467 wrote: »

Just one cautionary note ... someone posted in the Motoring board regarding a similar story. The buyer took them to court and won ... caveat emptor wasn't accepted.

(Most of us over there thought the judgment was a travesty of justice).

have you got a link?

m0bov

School holidays maybe! An MOT is not a certificate of roadworthiness when it comes to selling. So its really down to the buyer to make his checks on the day.