Selling a car privately.

LucasOscar

Hi,I would like some advice regarding a car that I recently sold.
I sold my BMW X5 through Gumtree. I got a phone call from a man saying he was really liked my car and that I could hold the for him until he got paid at the end of the month.He said he stayed a fair distance from me, and that he would the train,then make his way to my house

He said he would just turn up give me the cash and didn't want to take up my time.
I found this very strange, to the point where I thought it must be a scam.
He said he wanted to come up Thursday evening after I finished work.
I suggested he waited until the weekend, that way he could have a good test drive and there wouldn't be any rush.
He was adamant he wanted to still come up on the Thursday. I met him at the train station,I let him have a look over the car and let him have a test drive.
I noticed he was swapping the gearbox from Auto to semi auto and driving quite aggressively at times and that he was impressed with the cars power.
We got to my house. He said he was really happy with the car.
I mentioned,without being prompted, just out of honesty,only minor issue was a slight shudder in reverse,occasionally.
I mentioned this in the very first phone call too he said he test driven a couple of other X5's and they had the same issue and it wasn't a problem.
He was still more than happy to take the car. I wrote out a receipt, which we both signed. Shook hands
Five days later he phoned me to say that the gearbox had failed and that if I didn't cover the cost of repairs he is going to take me to court.
The gearbox was absolutely fine during the test drive, through the gears no problem.
Where do I stand?
Any help would greatly be appreciated

Loanranger

According to the AA website
https://www.theaa.com/car-buying/legal-rights
"The only legal terms that cover a private sale contract are:

• The seller must have the right to sell the car.
• The vehicle should match the description given by the seller.
• The car must be roadworthy – it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today."

khcomp

You're pretty much bulletproof here: Used car, private seller, buyer beware.

debtdebt

Tell him to issue away.

angrycrow

What are the odds that he already owned an x5 with a broken gear box, bought yours swapped the boxes and is now trying to stitch you up by getting you to refund and take the car back.

worried_jim

Tell him to do one! He test drove the car, you made him aware of the issue and he agreed to purchase, you will gladly see him in court.

System

angrycrow wrote: »

What are the odds that he already owned an x5 with a broken gear box, bought yours swapped the boxes and is now trying to stitch you up by getting you to refund and take the car back.

Given how fragile they are to the point that it seems almost every other one advertised has had a new box, very.

boatman

Although you say you have mentioned the problem with the box, how do you prove it, in that particular case its your word against his?
In the ad, how did you describe the vehicle? Did you describe any defects or did you say the car was perfect?

jobdone1

I bet he's changed the gearbox in the 5 days with one that's faulty. That's why he was in a rush to buy yours. He is trying to scam you tell him to f off. Block his number watch him burn lol

loskie

Don't make any contact with him, just ignore him. If he persists direct him to your solicitor by writing to him then make no further contact.
However do not ignore any genuine court papers should they be served

LucasOscar

Hi,I described the car as accurately as I could regarding condition of the bodywork, interior, maintenance etc. Including the various parts that I changed during the time I owned the car.
The car was also advertised for less than others with similar spec,i included photos of others X5's to back this up. pp
I didn't mention the issue with the gearbox as it didn't happen often. It didn't happen during the test drive.
I could of not mentioned it but thought it would be better to and let him decide.
He said he had driven other X5's with the same issue, and that it wasnpm 't a problem.
Since then he's said he's been to a CAB,and they've told him he's entitled to all his money back, however he'll settle for me to just cover the labour costs.