Private car buyer asking for 'compensation' for faults.

livetoclimb

Good evening everybody.

To give some context to the following, I'm a private car seller. No history of selling cars other than when I've changed my own personal car. This is a problem that seems to be arising after privately selling my 2005 Land Cruiser to somebody a few weeks ago. This has also been posted practically verbatim on the LegalBeagles site but I thought it might be worth posting here as well...

The original advertisement is on the LegalBeagles site but unfortunately I am unable to upload it here, so if you want to see it its in the original post here:

https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/1446114-private-car-buyer-asking-for-compensation-for-faults

Last summer, I bought a 2005 Toyota Land Cruiser (100 Series 4.2TD for those who care) for £17,000. I paid for it outright from a combination of savings and a small inheritance from a Grandparent who had recently passed away. I thought it was an ideal vehicle as I was working outside of the city in the construction industry and had a company vehicle for most of my mileage. It was more of a toy than anything else, to go and see family in the countryside, go on climbing trips and enjoy a big comfortable 4x4. In November, I was offered a new job in a different industry, working in the centre of the city. I would not be provided with a work car and therefore needed to have something more economical. I decided to travel between November and December - nothing like a decent break to make sense of the world...

When I returned, with a little more clarity, I realised it was pointless paying the extortionate VED/insurance and FUEL!! etc on the big truck and to downsize to a more conventional estate car. So I put the Land Cruiser on eBay classifieds, and it sold the next day.

The buyer came down with his daughter to look at it, we went on a 20 minute or so drive, I showed him the MOT certificate and the pretty extensive paperwork predating my ownership, etc. and after he 'went off to have a think' for half an hour or so, we agreed on a price of £15,000 (£1500 lower than my original asking price). [These things do hold their value well!] He drove it back to his home 2 hours or so away and texted me to let me know he'd got home safely and asked something about the 'change light' (I still don't know what this is). and I thought no more of it.

A day or two later, he had called me a few times, but I had been busy and am not in the habit of checking voicemails often. I never saved his number and I tend not to answer calls to unknown numbers. Approximately 5 days after the sale I checked my voice messages, and found a rather irate voicemail stating I should return his calls "or else he would have to take further action", but not telling me what the call regarded. Concerned, I immediately called him back and he said he had had his mechanic (I understand he is a farmer with a number of vehicles) check it over. A number of faults had transpired to be present.

These, I was told, included:
- apparently a leak in fuel tank when full;
- some fluid visible around brake pipes;
- battery light had come on at some point during his drive home.

I thanked him for letting me know, reminded him he had privately purchased a 14 year old used vehicle with 136,000 miles on it, and provided him with the details of the MOT centre from its last MOT (August 2018, no advisories and done not many miles covered since (1000?)).

I heard nothing for roughly two weeks until this evening, when I received the following text:

"Hello [my name], Keeping you up to date with the Toyota, Replaced all the front break pipes, new fuel tank (£350 plus fitting) all new suspension pipes (£1200 plus fitting), alternator, and I've only driven it back from [my home city] so far, I will send you copies of the final bills and will be seeking some compensation, sorry for the bad news. I hope you understand. Thanks [buyer's name]" [sic].

Essentially, I am worried that he will chase me for costs associated with his repairs. I do not believe I am liable for them. We test drove the car (I drove it as he was not insured), it ran, stopped, started etc as it should and he was evidently satisfied. I showed him all of the 'gadgets' in it working, was very honest (it had been completely reliable for me), and his reasoning for 'bartering' the price down was that, as it was a fairly old vehicle, it would probably need some work done on it. I am not a mechanic, nor am I mechanically minded and at no point had, or realistically could I have been expected to, realise the significant presence of any issues he has raised with me. It genuinely drove brilliantly, for a car of the age, mileage and type. It is important to say that I have not offered him any money, nor admitted any kind of liability or fault for any of the issues present.

So what I am asking is, what should I say and do?

I have read a couple of threads on PistonHeads and on MSE which indicate that there have been times that a private seller has been held liable for repairs to privately sold vehicles in the SCC. I was the private owner and holder of the V5 of the vehicle, had the right to sell it, and sold it in all good faith to a buyer who I believe(d) bought it in good faith. To the best of my ability I advertised it clearly and accurately, and do not believe I mis-described the vehicle nor its condition. I do not believe it was misrepresented in the advertisement. I was genuinely unaware of the 'issues' I have been presented with, and its clear MOT from August 2018 enforced my understanding that the vehicle was in good roadworthy condition.

So, what is my likely legal standing in this situation? I do not have the time nor energy to deal with SCC proceedings, I do not have money to throw at this to 'make it go away' (and nor would I want to even if I did have the money) and whilst so far I have tried to be courteous and polite, I feel the buyer is not likely to remain so for much longer if I refuse to 'compensate' him. He knows where I live, and nothing would stop him returning here, although he seemed a nice man when I met him.

UPDATE: It transpires that the man bought the car through his business (a farm) rather than as a private individual. I don't know whether this makes a difference to anything.

Thanks for reading my essay, and thank you in advance for your replies.

Dean000000

I’m not legal minded at all - but given the arrogance of his letter (and the fact you new find he bought through his farm business)

Actually how do you know this?

Where was I?

Surely first refusal on whether to refund, or repair should be yours?

Secondly, did you authorise the repairs? How do you know his mate down the road didn’t do the work and give him a dodgy invoice?

Make your intentions clear....seems like the type that would use intimidation to get his way

livetoclimb

Thanks Dean,

He did all his original correspondence as a private individual and did not mention that it would be a transaction to a business. I found this out when going through what I had in the way of associated paperwork today and looked at the copy of the V5C I took, which named his business rather than him as the new registered keeper.

I did not authorise him to repair (it's his vehicle and this was seemingly not my decision to make) and he made no attempt or suggestion to return the vehicle. I have no idea whether a mate did the repairs or not and whether the charges were legitimate, however he has informed me that he will be providing me with the copies of the final bills so I would imagine all will become clear in due course...!

If he tries to use intimidation to get his way I don't think he'll be doing himself any favours!

gord115

Tell him "Caveat emptor" and to go and do one.
If he wanted a warranty he should have gone to a dealer.
Don't reply to his texts or answer the 'phone. He'll soon get fed up trying to scam you.

konark

He's a chancer tell him to do one.


He's bought a 14 year-old car with 136,000 miles on it and expects perfection, what's wrong with these people? Oh and don't worry about any legal proceedings he may threaten, they are just empty threats because he would be laughed out of court.


Even if these faults were real,he can't prove that they were present when you sold the car, they may have developed on his journey home so any action against you for selling an unroadworthy vehicle would fail.

System

Your legal standing is you don't have to do a thing. He had chance to inspect it and it is a 14 year old vehicle with 136,000 miles on so there is a chance there are going to be faults. As you aren't a mechanic it isn't reasonable for you to have known about or found those faults - even the leaking fuel tank you may not have noticed if you didn't fill it sufficiently.

Just ignore him.

foxy-stoat

It looks like you have your answers on the other site......

It was a private sale - as long as it was as described and not dangerous you are fine.

Put it this way, if he bought it from a Toyota dealership, it was half its age with half its mileage and he authorized all these repairs without giving the dealer a chance to repair, he would have a less than zero chance at getting his money back.

He is a joker.

AdrianC

The original ad isn't loading from your LB link for me, perhaps because I'm not logged in?


The wording of that really is vital. Can you copy and paste or retype the text into a post?

To get anywhere other than stroppy letters, he's going to need to launch a court case against you - it'll be a small claim, if he's just claiming the cost of the "repairs". Because of the value of the vehicle, a full refund would be above the cap for small claim, so becomes a lot more expensive and involved.

You then lodge your defence - that you're a private seller, had no knowledge of these issues, etc etc.

The court rules. It's very unlikely he will win. It's very unlikely he'll even take it that far.

Simply stop replying to him completely. If he launches a court claim, lodge your defence with the court. If he doesn't, get on with life.

foomanchu

Private sale, unless you said 'I guarantee this car' in the advert or are secretly a dealer there is little they legally can do. Don't enter into further conversation or justification with the buyer - it's pointless and just give the buyer the idea he might get something from you if they persist. Yes they may file SCC, anyone can for any reason, but it would get thrown out in short order. You wouldn't be human if you didn't have some sympathy for the buyers plight, but legally it's now his car his problem.