Sold car - but now an issue

unholyangel

waamo wrote: »

There is no sale of cars act. There is a sale of goods act that applies to traders.

waamo wrote: »

Just to add the sale of goods act has now been replaced by the consumer rights act. It seems he doesn't know what acts apply.

CRA only replaced SoGA for b2c sales (although confusingly, some provisions still apply - such as when property is intended to pass). For b2b or private sales, SoGA still applies. However, the only sections that apply to a private sale (which is what this is unless OP was acting in the course of their business/trade/craft/profession) is that they must have good title (the right to sell the goods) and that the goods need to match their description.

OP I'd echo what others have said, this is a common scam. Buy a car, claim something major has went wrong and tell them you want money towards the repairs or you'll take legal action. If you have described the goods accurately then he has no comeback. There are no implied terms as to quality or fitness in a private sale.

motorguy

sarah69696pink wrote: »

Hi All,
I posted on here last week about selling my car privately.
I sold it to a private seller, who viewed it twice (spent a long time looking at it, looking under it and under the bonnet and driving it).
We agreed a price, and I thought the sale all went ok. In fact he rang me after driving it home to say thanks.

However now he has called to advise there is a major problem with the car. He feels I would have known about this (I did not) and is upset about the purchase.

I had my MOT and service done only 2 weeks before sale and I gave him all the paperwork from this, this problem was not mentioned on any of this paperwork.

He is now asking for me to help pay towards fixing the issue. He says he can provide me with quotes and information on the problem.

I can fully understand how upset he is if the car has just developed this fault.

However I genuinely knew nothing about the issue - when I had my MOT/Service done I was quoted price for trading car in there, and there was no mention of the issue. I only sold privately as they advised I would get more money (and provided me with guide quote on how much to expect). I asked if problem could have developed since he had it, but is adamant it is a big problem and would have been there before and he said the garage he took this to confirmed this to him.

I guess my question is - do I have to pay towards the damage, given I was not aware of the issue and the car is no longer mine? I don't want to do anything wrong, but genuinely was not aware of any issue.

He's being nice, and I don't want to treat him unfairly. However I get the feeling that he either thinks I've tried to mess him around (which I haven't and its obviously not nice to have someone think this) or that he is trying to get me to pay towards something that is possibly just bad luck?
He clearly knows a lot more about cars than me too so I'm feeling a bit out of my league.

Hes trying it on. He may well have discovered something with the car that he wishes to correct but as long as you didnt advertise the car as "absolutely perfect, no faults at all" or wording like that, then its caveat emptor.

Ignore his calls and texts. If he is persisting reply once and once only telling him to you will not be corresponding with him further on the matter and if he wishes to go through the courts have his solicitor put his claim in writing and to post it to your home address and you will pass it on to your solicitor who will formally respond.

foxy-stoat

Keep the advert, copy of the bill of sale if he takes it further (but he wont), do not reply to texts, block number etc etc. If you get letters that look "legal ish" come back for reassurance.

Dont worry, you have been diligent in selling your car, getting it an MOT and paying for a service before sale would be seen as letting experts prepare it as i know nothing about cars.

caprikid1

Just tell him you are sorry he has had issues with the car, as far as you are concerned the car was fine and had no issues. You are not a trader and consequently you are unable to offer any further assistance with the issues being experienced. As stated keep copies of the Ads and correspondence from the buyer.


Then stop all correspondence.


If you have further worries look on pistonheads there is a recent case that was thrown out of court.


Out of interest what car and mileage and price paid.


I almost think We Buy Any Car have a campaign going on to generate them more business,

caprikid1

"Dont worry, you have been diligent in selling your car, getting it an MOT and paying for a service before sale would be seen as letting experts prepare it as i know nothing about cars. "


This also , as stated the experts have looked at the car etc. You have a price to trade the car in.


Be polite but ignore, if they continue then log a call with the police for harassment.

lioneltopdog

Did the buyer live in Cardiff by any chance?

nobile

I have been on the other end of this, as a buyer where the car died driving it home immediately after purchase.

Looking back, they had masked the faults very cleverly - I contacted them by text a few times, eventually they just denied there was a fault & then ignored my messages - just as OP is being advised by you guys on here.

I took a financial hit - which took over a year to recover from. And it denied my daughter a car that she had saved up for 2 years doing part time jobs whilst still in school.

So think twice before making out the buyer in these scenarios does not exist.....

sarah69696pink

Thanks everyone who took time to respond. I have spoke to buyer one last time, clearly explaining I did not feel I was liable for anything, had advertised car correctly etc and will not be paying anything. We actually ended the call fairly amicably considering, which was good.

Not based in Cardiff to the person who asked.

Nobile - I was not implying the buyer did not exist at all, that is why I came on here for advice. However I did not mask any faults with the car, in fact I did everything I could to get car checked etc and advertise correctly given my lack of knowledge with cars. Sounds like you had a bad experience, but I feel the advice I've been given here was helpful. It certainly made me feel better about what has been a stressful situation. Having looked at the law pointed to by posters here it is very clear that your rights as a buyer differ if you are buying from trade or privately. Personally I don't know anything about cars so would not buy privately unless I took a mechanic or someone with me to check out the car on my behalf.

Hopefully this is the end of the situation for me - so thanks everyone for advice.