Help please! Car buyer threatening legal action

facade

[Deleted User] said:

No I never? I listed the car has “it drives fine” which it does. What was unroadworthy about it?

Missing wheel studs for one.....

A missing stud/bolt/nut is a major fail at MOT.  2 missing on the same wheel is a dangerous fail.

BOWFER

facade said:

[Deleted User] said:

No I never? I listed the car has “it drives fine” which it does. What was unroadworthy about it?

Missing wheel studs for one.....

A missing stud/bolt/nut is a major fail at MOT.  2 missing on the same wheel is a dangerous fail.

Here we go with the victim blaming on this site again.
The buyer knew full well there were wheel nuts missing and was annoyed at the 'possible' expense of having to replace the hubs.
So the buyer knew of the fault and made a considered decision to still take the car.
He can't then come back crying when his gamble didn't pay off.

mcpitman

facade said:

[Deleted User] said:

No I never? I listed the car has “it drives fine” which it does. What was unroadworthy about it?

Missing wheel studs for one.....

A missing stud/bolt/nut is a major fail at MOT.  2 missing on the same wheel is a dangerous fail.

Which the purchaser was fully aware of, as was his mechanic fella.

@[Deleted User] just ell the fella to poke off, block his number and ignore any approach for redress.

DB1904

Clive_Woody said:

DB1904 said:

[Deleted User] said:

Thanks everyone. 

I sent him a reply saying I made no misrepresentation. I advised that his friend continually pointed out issues which may require attention in the future and he still continued to buy it.  I couldn’t comment on what his friend was saying as I’m not a mechanic. 

The car drives fine and that’s the only thing I said on the matter - because it does. He is saying I hid all the issues. 

But you knowingly sold and unroadworthy vehicle. 

The buyer was fully aware of the condition of the car based on their extensive inspection. Nothing illegal about selling a car for spares or repairs.

You're right but I bet it was driven away.

DB1904

[Deleted User] said:

DB1904 said:

[Deleted User] said:

Thanks everyone. 

I sent him a reply saying I made no misrepresentation. I advised that his friend continually pointed out issues which may require attention in the future and he still continued to buy it.  I couldn’t comment on what his friend was saying as I’m not a mechanic. 

The car drives fine and that’s the only thing I said on the matter - because it does. He is saying I hid all the issues. 

But you knowingly sold and unroadworthy vehicle. 

No I never? I listed the car has “it drives fine” which it does. What was unroadworthy about it?

So you didn't know about the broken wheel studs until after it was sold?

lesalanos

facade said:

[Deleted User] said:

No I never? I listed the car has “it drives fine” which it does. What was unroadworthy about it?

Missing wheel studs for one.....

A missing stud/bolt/nut is a major fail at MOT.  2 missing on the same wheel is a dangerous fail.

There aren't 2 missing on the same wheel 

Clive_Woody

DB1904 said:

Clive_Woody said:

DB1904 said:

[Deleted User] said:

Thanks everyone. 

I sent him a reply saying I made no misrepresentation. I advised that his friend continually pointed out issues which may require attention in the future and he still continued to buy it.  I couldn’t comment on what his friend was saying as I’m not a mechanic. 

The car drives fine and that’s the only thing I said on the matter - because it does. He is saying I hid all the issues. 

But you knowingly sold and unroadworthy vehicle. 

The buyer was fully aware of the condition of the car based on their extensive inspection. Nothing illegal about selling a car for spares or repairs.

You're right but I bet it was driven away.

What the purchaser does with after completing the transaction is his business and he's the one who would have suffered any consequences.

GrumpyDil

All anyone is pointing out is that a missing wheel nut/stud is an MOT fail.

I personally would not drive a car in that state other than to get them resolved but agreed as long as buyer was aware of them he has no grounds to demand anything. 

ontheroad1970

mcpitman said:

facade said:

[Deleted User] said:

No I never? I listed the car has “it drives fine” which it does. What was unroadworthy about it?

Missing wheel studs for one.....

A missing stud/bolt/nut is a major fail at MOT.  2 missing on the same wheel is a dangerous fail.

Which the purchaser was fully aware of, as was his mechanic fella.

@[Deleted User] just ell the fella to poke off, block his number and ignore any approach for redress.

One of the few ways a private seller is responsible is if a car is unroadworthy.  Telling a buyer simply that it drives fine without drawing attention to the  potential unroadworthiness possibly puts the seller in an awkward position.  

Aretnap

Clive_Woody said:

DB1904 said:

Clive_Woody said:

DB1904 said:

[Deleted User] said:

Thanks everyone. 

I sent him a reply saying I made no misrepresentation. I advised that his friend continually pointed out issues which may require attention in the future and he still continued to buy it.  I couldn’t comment on what his friend was saying as I’m not a mechanic. 

The car drives fine and that’s the only thing I said on the matter - because it does. He is saying I hid all the issues. 

But you knowingly sold and unroadworthy vehicle. 

The buyer was fully aware of the condition of the car based on their extensive inspection. Nothing illegal about selling a car for spares or repairs.

You're right but I bet it was driven away.

What the purchaser does with after completing the transaction is his business and he's the one who would have suffered any consequences.

Yes and no.

The Road Traffic Act does make it an offence to sell an unroadworthy vehicle. There's an exception if the seller can prove that he had good reason to believe that it would not be driven while in an unroadworthy state. It would be difficult, to put it mildly, for the seller to prove that if the buyer jumps straight into the car and drives off as soon as the sale is complete.

https://www.legislation.gov.uk/ukpga/1988/52/section/75

OTOH the Road Traffic Act is a piece of road safety legislation, not a piece of consumer legislation. I'm not convinced that it gives the buyer additional consumer rights - especially not if he was aware of the faults at the time of purchase.