Car buyer wants me to contribute to repairs

Robby1988

Exemplar wrote: »

Caveat Emptor is utter tripe, I have posted here before about this. I lost a case when I sold a Smart Roadster. Within 6 months of sale the buyer reported a leak which affected the SAM unit. When sold it was billed as 'inspected and approved free of defects' etc, using the downloadable AA documentation for car selling. Went to court as I 'ignored' his letters. Cost me £1800.

OP's only hope is that the original bill of sale mentioned an issue.

You should have advertised it "sold as seen", then you wouldn't have had a problem. You made written promises it was defect free, a mistake.

waamo

Exemplar wrote: »

Caveat Emptor is utter tripe, I have posted here before about this. I lost a case when I sold a Smart Roadster. Within 6 months of sale the buyer reported a leak which affected the SAM unit. When sold it was billed as 'inspected and approved free of defects' etc, using the downloadable AA documentation for car selling. Went to court as I 'ignored' his letters. Cost me £1800.

OP's only hope is that the original bill of sale mentioned an issue.

You don't really understand the term then do you. It doesn't mean you can tell untruths. It means if you don't mislead they can't assume.

You mislead the buyer. You lied to him by saying the car was fault free and he had it in writing. Let the buyer beware was very apt actually.

konark

'Buying the car for my wife/other random family member '= small- time trader.


Asking for money for repairs after car is sold = unscrupulous small-time trader looking for enhanced profit-margin.

Exemplar

Apologies to all the keyboard warriors out there it was 10 years ago.. this is the form I used from the AA:

If you're selling a used car, print two copies of our car seller's contract and complete them in front of the buyer. Each party should sign and keep a copy of this document as proof of sale.


Car details

Make ..............................................................

Model...............................................................

Registration number...........................................

Mileage.............................................................



Vehicle identification number matches V5C? yes/no
Registration Document completed by buyer/seller yes/no
Registration Document (V5C) exchanged yes/no
Buyer has received V5C/2 (green slip) yes/no

The undersigned purchaser acknowledges receipt of the above vehicle in exchange for the cash sum of £.........., this being the price agreed by the purchaser with the vendor for the above named vehicle, receipt of which the vendor hereby acknowledges. It is understood the vehicle is sold as seen, tried and approved by the purchaser.

And as for the defect statement I was wrong.

I still lost.

waamo

Exemplar wrote: »

Apologies to all the keyboard warriors out there it was 10 years ago.. this is the form I used from the AA:

If you're selling a used car, print two copies of our car seller's contract and complete them in front of the buyer. Each party should sign and keep a copy of this document as proof of sale.


Car details

Make ..............................................................

Model...............................................................

Registration number...........................................

Mileage.............................................................



Vehicle identification number matches V5C? yes/no
Registration Document completed by buyer/seller yes/no
Registration Document (V5C) exchanged yes/no
Buyer has received V5C/2 (green slip) yes/no

The undersigned purchaser acknowledges receipt of the above vehicle in exchange for the cash sum of £.........., this being the price agreed by the purchaser with the vendor for the above named vehicle, receipt of which the vendor hereby acknowledges. It is understood the vehicle is sold as seen, tried and approved by the purchaser.

And as for the defect statement I was wrong.

I still lost.

That completely contradicts your earlier statement that you declared it free of faults though.

People are going to comment on what you tell them and to be honest doing a complete about face makes me unsure as to which version is correct.

Arklight

I know someone who bought a car from a private seller and successfully sued him either for a refund or repair (can't remember which). In this case it was a major problem and the balance of probability was that he knew about it and hadn't disclosed it to her at the point of sale. Which was what the court decided.

Sorry, probably not what the OP wants to hear, but the buyer doesn't have no rights at all in a private sale. They do have very few rights however and a clutch, which is a wear and tear item, is probably the hardest thing he could have chosen to get redress for.

Ultimately it's up to a court to decide. The only place these things can be decided.

DUTR

Arklight wrote: »

I know someone who bought a car from a private seller and successfully sued him either for a refund or repair (can't remember which). In this case it was a major problem and the balance of probability was that he knew about it and hadn't disclosed it to her at the point of sale. Which was what the court decided.

Sorry, probably not what the OP wants to hear, but the buyer doesn't have no rights at all in a private sale. They do have very few rights however and a clutch, which is a wear and tear item, is probably the hardest thing he could have chosen to get redress for.

Ultimately it's up to a court to decide. The only place these things can be decided.

There was a longish thread on here with a similar storyline and as you mention , according to the author, it went to court and he lost.

TheMoonandBack

A test drive would establish an imminent clutch problem. If it didn’t, or the buyer declined to drive it, then how could the seller be liable ?
I bought a car which I thoroughly tested. On the way home after buying it, the steeering rack failed spectacularly dumping oil all over the road. Tough for me ! I ended up scrapping it. If the seller knew or had somehow bodged it, then hopefully he’ll find out that Karma is a b!tch! !

Arklight

DUTR wrote: »

There was a longish thread on here with a similar storyline and as you mention , according to the author, it went to court and he lost.

I think he'd advertised it as a "good runner" or something, and declined to mention to the buyer that it didn't go into reverse. I can't remember all the details but it went on for ages.

Exemplar

waamo wrote: »

That completely contradicts your earlier statement that you declared it free of faults though.

People are going to comment on what you tell them and to be honest doing a complete about face makes me unsure as to which version is correct.

What a stupid !!!! statement.

It was 10 years ago.

People make mistakes, your parents did.