Privately sold vehicle, new owner claims fault

Northernmonkey71

Afternoon folks,

So, I listed a used van on eBay, described correctly, MOT until 24th March 2018, some history, was running perfectly to the best of my knowledge (I am not a mechanic, purchased the vehicle privately approx one year ago and have travelled 1600 fault free miles).

A chap offered a fair price, I agreed to his offer and a deal was struck. The buyer did not come to view the vehicle in person, no test drive was undertaken. The money was sent via bank transfer, the V5 change completed online and a low loader was sent to collect the vehicle.

The buyer confirmed receipt, queried the amount of fuel left in the tank (3/4) and that was that....until this morning.

Having had the van for a week, he claims it has a head gasket failure, will cost £400 to repair and the he cannot afford to repair it.

Am I liable for the repair costs? Have been reading various websites this afternoon, am waiting on a call back from the CAB but have come to the conclusion that, as unfortunate as this situation is, I have no legal responsibility to pay for the stated required repairs to the van.

Thanks in advance.

waamo

Caveat emptor innit guv. Providing the description was accurate it is his problem.

Warwick_Hunt

As long as it was accurately described it!!!8217;s down to him to sort out.

DoaM

Northernmonkey71 wrote: »

So, I listed a used van on eBay, described correctly, MOT until 24th March 2018, some history, was running perfectly to the best of my knowledge (I am not a mechanic, purchased the vehicle privately approx one year ago and have travelled 1600 fault free miles).

How EXACTLY did you describe the van on the eBay listing (and any follow-up communications with the buyer)?

Warwick_Hunt

As long as it was accurately described it’s down to him to sort out.

Northernmonkey71

DoaM wrote: »

How EXACTLY did you describe the van on the eBay listing (and any follow-up communications with the buyer)?

Escort 55D van, genuine 68620 miles from new, very clean and tidy example. Registered as PLG on the V5.

Please study all images carefully. She is now 18 years old, so has the odd mark and spot of rust here and there. Sills etc are sound, engine bay is very clean and tidy as pictured.

FSH to 43k, the old chap I purchased from had serviced the van himself regularly over the 20k miles it covered in his ownership (retired diesel mechanic). The main belts were replaced around 50k and a service was undertaken prior to it being sold. I purchased last year with 67000 on the clock.

Updated headlight bulbs which make a big difference over stock.

CD player, power steering. New wipers fitted just after I bought the van.

Interior is very clean and tidy, seats in fine order, no rips or tears.

Rear is boarded out. Slight water leak from the left, rear door which requires a new seal to sort out.

Spare tyre is good, jack and wheel brace present under the drivers seat.

2 main keys, Ford master key and separate fuel cap key. Original manuals and service book included.

MOT until 23rd March 2018.

Selling to try and 'appease' my other car, which has thrown repeated, expensive hissy fits since the van arrived and continues to be frustratingly grumpy.

Located in Normanton, West Yorkshire, WF6.

Proof of full insurance required for a test drive. No tyre kickers or time wasters please, this is a genuine and honest vehicle realistically priced for a quick sale.

Please message with any sensible and relevant questions, thanks.

Cash on collection.

That is the advert

motorguy

You've nothing to worry about. I'd ignore him. Dont get in to any debate or comms.

caprikid1

Out of interest was he buying as a business or private buyer ?

Northernmonkey71

A private buyer. He provided a name and residential address for the change of ownership.

I don't wish to appear unsympathetic, I too would be unhappy had the same happened to myself, however I would not buy a vehicle unseen or undriven.

Having accepted it and used it for a week, I would think that qualifies as fit for purpose? For all I know, he could have attempted some ridiculous speed that the old dear was never designed for.....

Northernmonkey71

Well, CAB have just returned my call and as some of you have kindly pointed out, it is what it is and there is no requirement for financial outlay on my part, other than a GWG.

I don't do celestial bodies on sticks, doesn't do anybody any favours long term.

arcon5

I find it exceptionally hard to believe you wouldn't know if the head gasket was on its way out. It's a mighty coincidence it suddenly went when the buyer took receipt of it. So either you shifted a lemon or he's trying it on imo.
(There has actually been cases sellers have reported on here over the years where they as the seller have actually lost in court having sold knackered vehicles. So it's certainly not as straight cut as people would have you believe.)

Saying that your description is very good as it makes no statements as to the condition of the engine. Although imo it implies the vehicle is a working vehicle.

All the buyer would have to do is persuade a judge on the balance of probabilities you knew of the fault and misrepresented it.
The reality is though if they can't afford the repair they can't and won't risk court.

So you can safely ignore them and the problem (being the buyer complaining) would more than likely go away.