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

shell7t8

No, i did not sell it knowing of any of the faults he has mentioned on this report.

My description just said "starts first time, engine sounds great". Good car for someone who has time to carry out the repairs (to the damaged boot) and that i hadn't got time to do it so hense the price.

When he came to collect it he took for a test drive and said eh was happy that it was exactly as i'd described. his friend even said how great the engine sounded.

I am just worried that if i just tell him i'm not prepared to refund him and take the car back he will the ncontinue to press charges against me so i need some advice on where i stand legally. I have read that the "i didn't know it wasn't roadworthy" statement is no longer accepted but surely if that was the case no one would ever sell anything as it would be impossible to agree on the definition of "roadworthy". I can't seem to find a description of exact points anywhere. I have said to him it was sold as seen and that we were both happy to progress the sale and that it wasn't sold subject to mechanics report and that he had ample time before to make his own checks. So confused about what i have to do

glentoran99

It had an MOT as far as you were concerned it was road worthy, He test drove it, he was happy to purchase you legally dont have to do anything, just empty threats


http://www.nidirect.gov.uk/buying-a-new-or-used-car

Buying from a private seller

If you buy a used car from a private seller, you have fewer legal rights. Before you buy, make sure you:

• inspect the car and know what you are buying
• bring a car mechanic with you
• take a test drive if you have adequate insurance cover

For a fee, the RAC or the AA will examine the car for you. You can claim against the previous owner if they misrepresented the car’s:

• age
• mileage

You will not be able to claim where there are faults with the car.

shaun_from_Africa

glentoran99 wrote: »

have you got a link?

I think this will be the thread in question:
https://forums.moneysavingexpert.com/discussion/5185951

m0bov

From Which?:
"legally, a buyer (has) few options for redress against a private seller. If you described the car fairly and it was yours to sell, there is little he or she can do – even if it breaks down and requires expensive repairs. Unless the buyer can prove that the car was unroadworthy on the day of sale, you need not offer to help."

From AA:

(SNIP)you cannot use a 'sold as seen' receipt to cover the possibility that the car may be unroadworthy in some respect either. The law is clear - it illegal to sell a car in an unroadworthy condition

It all comes down to whether it was unroadworthy ON THE DAY OF SALE. Lets look at the issues again..

Tyres (he knew about the tyre replacement needing to be done and mentioned it before buying but said no problem)
He purchased the car fully aware of this

Wipers - no known problem to me think hes ticked it as it makes it "unroadworthy" Does not make it unroadworthy he could have checked these on the day. Wear and tear.

Washers - again no known problem to me in the whole time i've driven it !
As above

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 known problems to me
Umm, did you notice any drop in brake fluid? This could have been caused by him poking around.

Suspension - hes put unsafe - corroded. I dont understand what this means and not sure how i could have known.
What part of the suspension?! Doubt this would be unsafe, its not a new car...wear and tear

Engine - oil leak- fire hazard as blowing blue smoke. This was an advisory on the MOT which was given to him before he purchased.
He purchased knowing the fault, oil doesn't catch fire, burning oil is an engine fault not safety. This is why he is complaining about pistion rings. But, its not a hazard!

Body work - chassis split under boot - i dont believe this but am no expert.
Confused you said this " Good car for someone who has time to carry out the repairs (to the damaged boot)" Did you right the damage on receipt? Did you really sell the car with the damage declared? Ummm, sound like there is more to this...!

wealdroam

m0bov wrote: »

I dont think SOGA applies to a private sale and its now obsolete anyway.

I'd just like to correct this point.

The Sale of Goods Act does apply to private sales.

The Sale of Goods Act is not obsolete.

bod1467

glentoran99 wrote: »

have you got a link?

https://forums.moneysavingexpert.com/discussion/5185951

Edit: Shaun beat me to it.

El_Torro

Would you be willing to take it back, minus a couple hundred quid for the extra miles he has put on it? That way you make a bit out of it and he unloads what he claims to be an unsafe car. Then you can sell it to someone who's hopefully less annoying.

If he doesn't agree to this then you know he's trying to pull a fast one on you. As others have mentioned you didn't misrepresent your sale.

Stevie_Palimo

I'd be tempted to call him up and say come and collect some cash then beat him round the face with a wet fish and tell him to do one.

m0bov

wealdroam wrote: »

I'd just like to correct this point.



The Sale of Goods Act is not obsolete.

Yes it is http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

shaun_from_Africa

m0bov wrote: »

I dont think SOGA applies to a private sale and its now obsolete anyway.

m0bov wrote: »

Yes it is http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

Think about it logically.
If as you stated, the SOGA didn't apply to private (consumer to consumer) sales, how could it be replaced by the Consumer rights act?

As to the SOGA being obsolete.
The act is still in force as it hasn't been repealed and still covers B2B transactions.
Even before the CRA was brought into force, the Sale of goods act still applied to private sales, it was just that not all of it applied.