Private sale

jansky82

Hi,
I sold my car privately and after two weeks buyer wants the money back. She came to see, inspect and test the car. She was happy with the car so we started to exchange contracts. While doing that her partner wanted to start the car with start/stop button with no key inside the car. I had the keys in the pocket. Car didn't start and "no key detected" fault appeared. I manually locked and unlocked the car, started again and no faults were on the dashboard. After two weeks she send me a letter requesting a refund under Sale of Goods Act of 1979, she says that the car was misdescribed. She also send me a images of the dashboard with "low oil pressure" fault. Could you please advise???

MalMonroe

Hi, 

My advice - take the car back and give the buyer her full refund. She probably should have referred to the Consumer Rights Act 2015 but things are very different for people buying cars from private sellers and the law is difficult to enforce.

However, from a completely compassionate point of view - this woman is not happy and you have the power to help her. Please do, you know it's the right thing to do, or you wouldn't even have asked about it on this forum.

I once bought a car from a private seller and it turned out to be a load of junk. I asked for my money back. No, I was told. You saw it, tested it and bought it, it's yours now. It's an awful way to learn the lesson that it's not always a good idea to buy from a private seller as they cannot be trusted. I haven't made that mistake since. 

Do the right thing. You will feel better for it. 

jansky82

MalMonroe said:

Hi, 

My advice - take the car back and give the buyer her full refund. She probably should have referred to the Consumer Rights Act 2015 but things are very different for people buying cars from private sellers and the law is difficult to enforce.

However, from a completely compassionate point of view - this woman is not happy and you have the power to help her. Please do, you know it's the right thing to do, or you wouldn't even have asked about it on this forum.

I once bought a car from a private seller and it turned out to be a load of junk. I asked for my money back. No, I was told. You saw it, tested it and bought it, it's yours now. It's an awful way to learn the lesson that it's not always a good idea to buy from a private seller as they cannot be trusted. I haven't made that mistake since. 

Do the right thing. You will feel better for it. 

The only problem is that I don't know what happened with the car in those two weeks. It was fine when I had it

Spoonie_Turtle

jansky82 said:

MalMonroe said:

Hi, 

My advice - take the car back and give the buyer her full refund. She probably should have referred to the Consumer Rights Act 2015 but things are very different for people buying cars from private sellers and the law is difficult to enforce.

However, from a completely compassionate point of view - this woman is not happy and you have the power to help her. Please do, you know it's the right thing to do, or you wouldn't even have asked about it on this forum.

I once bought a car from a private seller and it turned out to be a load of junk. I asked for my money back. No, I was told. You saw it, tested it and bought it, it's yours now. It's an awful way to learn the lesson that it's not always a good idea to buy from a private seller as they cannot be trusted. I haven't made that mistake since. 

Do the right thing. You will feel better for it. 

The only problem is that I don't know what happened with the car in those two weeks. It was fine when I had it

One non-destructive possibility is they could have been seeing this as a way to 'hire' a car for a fortnight's holiday, for free.

Belenus

She is almost certainly a chancer, is regretting her purchase or, as suggested above, has used it for a hopefully free two weeks loan.

You sold the car in good faith. You have no way of knowing what she has done with the car for those two weeks. It could have been abused or thrashed or had parts stripped out and replaced with faulty or damaged parts.

If it broke down or failed for some reason not known about or obvious at the time of sale that is just the risk people take when purchasing a second hand car in a private sale. If she wanted a guarantee she should have bought from a dealer.

Politely but firmly refuse to accept a return and ignore any further contact except in the unlikely event that she initiates legal action.

Do not let her or anyone else intimidate you.

NBLondon

jansky82 said:

While doing that her partner wanted to start the car with start/stop button with no key inside the car. I had the keys in the pocket. Car didn't start and "no key detected" fault appeared.

That's what should have happened, isn't it?

Tell her once, firmly and politely, that the car was tested and accepted.  You are not a business - therefore the Sale of Goods Act is not relevant.

What does she claim is "misdescribed"?  If you were honest in your description, she has no come back.  If you said "no known faults" and that was true at the time you are not responsible for an unknown fault or one that developed after ownership was transferred.

 Belenus said:

Do not let her or anyone else intimidate you.

Or listen to any sob stories or empty threats about legal action.

GadgetGuru

The vehicle was sold 'as is'. She had a chance to inspect and test the car before purchase. She also had a chance to have it inspected by a mechanic if she chose to do so. If she did not, and you sold the car in good faith, then the deal is complete. 

If you were to offer a full refund after two weeks, then she was able to drive it around, add mileage, wear and tear, possibly even remove any small parts from the vehicle - how are you to know any different? On top of that you have no idea how hard it has been driven etc.....

Refuse any refund and make no further contact. Even if she attempted to take you to court, the ruling would most likely be the same as I stated above. 

jansky82

Hi,
Some update... Now she claims that car has a lot of faults, she changed battery which didn't have to be changed and has been into dealers and she spent nearly £3000 trying to fix it but no result. She threatens me with legal action. This can get ugly and I do not want that. 

TripleH

What evidence does she have of the condition when she bought it?

What evidence has she provided to you of the condition now?

Most importantly, can she show you are a car dealer / expert on motor vehicles in any way?

Hold your ground, her aim is to panic you into caving in to her demands to avoid the (most likely not happening) legal action. 

Do not respond or communicate with her, only take action if you get genuine correspondence taking legal action against you.

soolin

Assuming you are really just a private seller and did not misrepresent the car then it is buyer beware ,  I would keep any screen grabs or printed adverts safe though. This is on the basis that no false claims were made, for instance 'MOT passed with no advisories - when in fact there were some, or 50,000 on the clock where it actually is nearer 60,000.

https://www.whatcar.com/advice/selling/what-if-a-car-i-sold-privately-goes-wrong/n20219

NBLondon

jansky82 said:

Hi,
Some update... Now she claims that car has a lot of faults, she changed battery which didn't have to be changed and has been into dealers and she spent nearly £3000 trying to fix it but no result. She threatens me with legal action. This can get ugly and I do not want that. 

That's an empty threat.

What do they say was mis-described?  Like soolin says - keep a copy of what you advertised - and if it was truthful, then you have a defence against any (unlikely) legal claim.

if the buyer was genuine - they would/should have come back to you when the fault first appeared.  If they really have spent £3000 with a dealer then they are admitting that the vehicle is no longer able to be returned in the condition you sold it.  

They might be a scammer - or they might just be unlucky that something was about to break and you had no way of knowing it either.  You are not a dealer, you are not expected to know that.

Repeat your previous statement that the vehicle was tested and accepted, thus the sale is final and then follow Triple H's advice:

TripleH said:

Do not respond or communicate with her, only take action if you get genuine correspondence taking legal action against you.