Help please! Car buyer threatening legal action

DB1904

[Deleted User] said:

So he would essentially be trying to bring a claim on the basis that the car is unroadworthy but then wouldn’t the judge ask if such is the case, why did he buy the car if at the time of purchase HE knew it would be so. His friend even pointed out to him that a missing bolt is an MOT fail. 

You knew it was unroadworthy when you sold it and in doing so committed a criminal offence.

unforeseen

There is nothing stopping you selling an unroadworthy vehicle otherwise you would not be able to sell for spares & repairs.

Buyer was fully aware it was unroadworthy as he had been told by HIS qualified mechanic during the inspection. It was his choice to continue with the purchase even though it was unroadworthy. 

sheslookinhot

DB1904 said:

[Deleted User] said:

So he would essentially be trying to bring a claim on the basis that the car is unroadworthy but then wouldn’t the judge ask if such is the case, why did he buy the car if at the time of purchase HE knew it would be so. His friend even pointed out to him that a missing bolt is an MOT fail. 

You knew it was unroadworthy when you sold it and in doing so committed a criminal offence.

Absolute nonsense.

The dangers of posting for advice on a forum open to all clearly exposed.

Aretnap

sheslookinhot said:

DB1904 said:

[Deleted User] said:

So he would essentially be trying to bring a claim on the basis that the car is unroadworthy but then wouldn’t the judge ask if such is the case, why did he buy the car if at the time of purchase HE knew it would be so. His friend even pointed out to him that a missing bolt is an MOT fail. 

You knew it was unroadworthy when you sold it and in doing so committed a criminal offence.

Absolute nonsense.

The dangers of posting for advice on a forum open to all clearly exposed.

It's technically correct to say that it's an offence to sell an unroadworthy car - unless you have good reason to believe that the buyer is not going to drive it before he has made it roadworthy.

It's also the case that the buyer committed an offence of his own by driving away the car after he bought it.

Neither fact has any obvious relevance to the question of whether the the buyer is entitled to a refund. 

Ectophile

sheslookinhot said:

DB1904 said:

jjmorris90 said:

So he would essentially be trying to bring a claim on the basis that the car is unroadworthy but then wouldn’t the judge ask if such is the case, why did he buy the car if at the time of purchase HE knew it would be so. His friend even pointed out to him that a missing bolt is an MOT fail. 

You knew it was unroadworthy when you sold it and in doing so committed a criminal offence.

Absolute nonsense.

Road Traffic Act 1988, Section 75.  Paragraph (1) makes it on offence to sell an unroadworthy vehicle.  Paragraph (6) provides a defence if "he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used".

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

So selling an unroadworthy vehicle, in the expectation that the buyer will drive it away, is a criminal offence.

The dangers of posting for advice on a forum open to all clearly exposed.

Very true.

macman

Whether or not the OP has committed a criminal offence is not really the point here. It's a civil dispute. What the vendor is demanding is £750 for faults which were clearly present at the time he inspected and test drove it. And some of which (the wheel bolt issue) were voluntarily disclosed by the OP, even though he was under no obligation to do so.
The vendor has no case for a refund and the OP can safely ignore any demands made. 
That said, it's never a good idea to describe any vehicle as 'drives fine' in an advert, as it's just too open-ended and subject to interpretation.

caprikid1

" I listed it as drives well with no faults. "

The only real requirements in a private sale is the car must be as described and no unroadworthy unless the buyer is clearly aware.

Why anyone would describe a 15 year old range rover as "No faults" I have no idea. He is clearly a chance but you have not made life easy with this statement. Still tell him to do one though.

motorguy

DB1904 said:

[Deleted User] said:

So he would essentially be trying to bring a claim on the basis that the car is unroadworthy but then wouldn’t the judge ask if such is the case, why did he buy the car if at the time of purchase HE knew it would be so. His friend even pointed out to him that a missing bolt is an MOT fail. 

You knew it was unroadworthy when you sold it and in doing so committed a criminal offence.

Why are you continuing to bang this drum?

Is that the point in hand?

Are you proposing asking the O/P for their full name and address and reporting them to the police?

Or should they go now and hand themselves in?

motorguy

caprikid1 said:

" I listed it as drives well with no faults. "

The only real requirements in a private sale is the car must be as described and no unroadworthy unless the buyer is clearly aware.

Why anyone would describe a 15 year old range rover as "No faults" I have no idea. He is clearly a chance but you have not made life easy with this statement. Still tell him to do one though.

I definitely wouldnt have advertised it as "no faults" either and like you i'd be firmly telling him to do one.

homersimpson246

I think from whats described above the wheel bolts were still holding the wheel but the heads were missing or damaged (maybe locking wheelnuts that had been chewed up to get them on/off previously without the key.

As mentioned many times tell him to "jog on" if he does come back with court proceedings you need to take them seriously be he almost certainly won't.  Most people who do this are just chancing their arm, lets be honest who buys a 15 year old prestige car for peanuts and expects it to be perfect, idiots. thats who!  If I bought something like that I would expect there to be issues and would allow money in my budget to put them right.