Faults on car sold 3 months ago

blokeandbird

Hi. I sold a car (private sale) for £450 in April. The car was described as genuinely as possible. I explained it had rust spots, what work had been done etc. In June, just under 3 months from the sale date, the buyer messaged me to say they had just had the car checked and it needed loads of work doing to it and they wanted to return it for a full refund. I told them that the car was described accurately and as they had the car nearly 3 months I wouldn’t be giving a refund. Today I have received a message from PayPal saying the buyer has opened a dispute (£400 was paid via PayPal and the rest was cash) They want a partial refund. I don’t think this is fair as anything could of happened to the car in 3 months. Where do I stand on this please. Thanks 

mattyprice4004

Ultimately you need to explain to PayPal that you're a private seller and that the buyer has no claim - however unfortunately PayPal are a bit of a loose cannon and may side with the buyer. 

I know it's late now, but never (ever!) take PayPal for a car sale etc as the buyer can easily scam you. Might be handy for the future though. 
I'd say if PayPal do force a refund, you could successfully sue the buyer for the money back as it's a private sale with no guarantee, though.

bris

You took Paypal for a private car sale? For anything like that it has to at least be friends and family payments.

You will need to call Paypal and explain it's a private sale for an old car as described at the time of sale and you cant be held liable for wear and tear 3 months down the line.

Legally they don't have a led to stand on but with Paypal you could very well be in trouble. If they do take it back then you could take the buyer to the small claims court where you would probably win.

blokeandbird

Thankyou. Have replied to PayPal and explained everything. PayPal have asked me to confirm it was a motor vehicle. Not sure why but confirmed. Thanks again

custardy

blokeandbird said:

Thankyou. Have replied to PayPal and explained everything. PayPal have asked me to confirm it was a motor vehicle. Not sure why but confirmed. Thanks again

because there are different rules for vehicle sales
Cars arent covered under the usual protection for buyers.

Grumpy_chap

The OP sold the car in a private sale, so the buyer's rights are really pretty much NIL - totally buyer beware.

Even if the car had been a trade sale, so the buyer had some consumer rights, the rights are limited to the reasonable expectation which has to be very low for any car at £450.  It worked for three months and can probably be weighed in for scrap to get £200 back.

So, absolutely no reason to give any money back to the buyer.  

Regardless, I fear PP will just give the money back.  Hope not and good luck to the OP - do let us know how this resolves.

neilmcl

Of course there's going to be things need doing to the car, it's a £450 scrapper after all. As long as the car was correctly described then the buyer can go whistle, you owe him nothing.

pinkshoes

blokeandbird said:

Hi. I sold a car (private sale) for £450 in April. The car was described as genuinely as possible. I explained it had rust spots, what work had been done etc. In June, just under 3 months from the sale date, the buyer messaged me to say they had just had the car checked and it needed loads of work doing to it and they wanted to return it for a full refund. I told them that the car was described accurately and as they had the car nearly 3 months I wouldn’t be giving a refund. Today I have received a message from PayPal saying the buyer has opened a dispute (£400 was paid via PayPal and the rest was cash) They want a partial refund. I don’t think this is fair as anything could of happened to the car in 3 months. Where do I stand on this please. Thanks 

As it is a private sale and accurately described, then you do not have to refund at all.

You should also be covered under PayPal because they do not offer Buyer Protection on motor vehicle purchases:

https://www.paypal.com/uk/smarthelp/article/what-is-paypal-buyer-protection-and-how-am-i-covered-faq645

Make sure you keep on the ball with PayPal, make it clear it was a car, and point out the buyer has used it for 3 months and it was a private sale. 

Even if the buyer tried taking you to court they wouldn't have a leg to stand on.

MalMonroe

If I paid £450 for a car I'd be delighted if it lasted three months!  I don't think anyone would/should expect much of a vehicle at that price. Did it have an MOT? Cars can now be checked online and that's what I'd have done before parting with any money but with used cars (I have learned to my cost over the years) it definitely is a case of buyer beware, as Grumpy_chap said.

Three months down the line - many car dealers only offer a three month warranty anyway so I don't think he's going to get very far with a private sale - and if he does it'll be a minor miracle. 

blokeandbird

MalMonroe said:

If I paid £450 for a car I'd be delighted if it lasted three months!  I don't think anyone would/should expect much of a vehicle at that price. Did it have an MOT? Cars can now be checked online and that's what I'd have done before parting with any money but with used cars (I have learned to my cost over the years) it definitely is a case of buyer beware, as Grumpy_chap said.

Three months down the line - many car dealers only offer a three month warranty anyway so I don't think he's going to get very far with a private sale - and if he does it'll be a minor miracle. 

Thankyou. The car had 9 months mot on it and went through the last mot with no advisories

blokeandbird

Thanks for the replies. I will update once I hear back from PayPal