Sold car privately - buyer wants refund

motorguy

DGDG said:

Thanks everyone.

He’s had it for around three and a half weeks now. I don’t think he overpaid, it was priced to go as we had already found another car, and we had a fair amount of interest in it so I believe he got a pretty fair deal. We haven’t heard anything since a week now, he said he would take it somewhere to have the mileage looked at and that he would get back to us. To be continued I’m sure!

Not your problem.  Hes the expert.  Even IF he says you didnt tell him, he should have done his due diligence.  Its not like the info was hard to find.

Break all contact. 

scrappy_returns

motorguy said:

scrappy_returns said:

motorguy said:

scrappy_returns said:

Offer to take it off him for a full refund minus a generous restocking fee. Then sell the motor privately. 
This of course won't happen but you could offer.

i wouldnt do that even in jest.  

IF the trader pursued it and it did eventually end up in court - almost certain it wouldnt but possible - i think the court would take a dim view of it.

How would it end up in court if they take you up on it?
And if they didn't take you up on it the court would have no view on a price agreed being lower than the original.
It better not in a capitalist country.

Because it suggests that 

(a) the o/p would be open to taking the car back, under certain circumstances
(b) if the o/p starts taking about a "stocking fee" it implies they could be trade, meaning the dealer actually might have some come back
(c) it suggests they're not taking the issue terribly seriously, if its meant in jest.
(d) it could be considered to be antagonising the situation

As such i would see it as muddying the waters unnecessarily.

Break all comms with the buyer, simplest, easiest way.  If they persist and issue some sort of formal letter, the O/P should pass it on to their solicitor.

A) the circumstances being that they take the car back at a greatly reduced rate and can then resell it at it's true value. This is profitable and a good thing.
B)Rubbish. Maybe at a very long stretch(VERY) so don't say restocking and just offer them a unfair price.
C)Rubbish
D)also rubbish.
And most importantly E) This aint going to court, it's a dealer chancing their arm, you chance yours.

Herzlos

motorguy said:

scrappy_returns said:

motorguy said:

scrappy_returns said:

Offer to take it off him for a full refund minus a generous restocking fee. Then sell the motor privately. 
This of course won't happen but you could offer.

i wouldnt do that even in jest.  

IF the trader pursued it and it did eventually end up in court - almost certain it wouldnt but possible - i think the court would take a dim view of it.

How would it end up in court if they take you up on it?
And if they didn't take you up on it the court would have no view on a price agreed being lower than the original.
It better not in a capitalist country.

Because it suggests that 

(a) the o/p would be open to taking the car back, under certain circumstances
(b) if the o/p starts taking about a "stocking fee" it implies they could be trade, meaning the dealer actually might have some come back
(c) it suggests they're not taking the issue terribly seriously, if its meant in jest.
(d) it could be considered to be antagonising the situation

As such i would see it as muddying the waters unnecessarily.

Break all comms with the buyer, simplest, easiest way.  If they persist and issue some sort of formal letter, the O/P should pass it on to their solicitor.

More importantly, offering to take it back could be taken as admission of liability.

foxy-stoat

NO motor trader in the land would ever buy a car from a private seller and overpay for it, even if it zero drama.  They normally kick you in the bollx.

As they knew the mileage issue the offer would of been reduced a bit.

What was the selling price and make/model ?  

jimjames

I think the subject line really needs to be amended. It was not a private sale, it was a trade sale

Ectophile

jimjames said:

I think the subject line really needs to be amended. It was not a private sale, it was a trade sale

No it wasn't.

jimjames

Ectophile said:

jimjames said:

I think the subject line really needs to be amended. It was not a private sale, it was a trade sale

No it wasn't.

Sold to a trader is rather different to sold to a private buyer

ontheroad1970

jimjames said:

Ectophile said:

jimjames said:

I think the subject line really needs to be amended. It was not a private sale, it was a trade sale

No it wasn't.

Sold to a trader is rather different to sold to a private buyer

It's not a trade sale - a trade sale is a trader selling to a trader.  

This is a private seller, selling  TO trade.  Not the same thing at all.

Why is it important?  Because legally, there are assumptions.  A trader is assumed to have a professional knowledge of his profession.  If he doesn't then he is not competent at his profession, which suggests an element of fault in not properly preparing himself for his chosen business.  A private member of the public is assumed to be not an expert in this field, so is not presumed to be proficient in these matters, so the law generally allows a good deal of wriggle room.  Now if the dealer could prove that he was misled, then he might have a case.  But he bought the car in full knowledge of the situation.  If he is incompetent by not knowing that the situation might make it more difficult to sell the car then as a professional, it's his fault.  

[Deleted User]

delete 123

DGDG

…so the buyer is back again, it’s been several months since he bought the car and out of t blue comes a message asking me to take back the car as he still can’t make sense of the mileage. He says he doesn’t want to spend the money on checking the mileage with an authorised dealer as there may be an issue with the mileage, in which case he does not want to spend the money



second message arrived before I had a chance to reply, saying he would also consider some money back! 

What would you do? I feel he isn’t going to give up