Private used car sale

Stubod

I would be very surprised if it would get as far as the courts as there really isn't a case to answer based on what you have reported above, particularly as it involves a private sale of an older high mileage car.

They may well "threaten" you with court action, but I would just reply with "see you in court then"?

Grumpy_chap

Stubod said:

I would be very surprised if it would get to court as there really isn't a case to answer based on what you have reported above, particulalry as it involves the private sale of an old high mileage car.

They may well "threaten" you with court action, but I would just reply with "see you in court then"?

I agree, but I would not respond on anything such as "see you in court then". 
I would have one, simple statement along the lines of "Car was private sale of my private vehicle and as described in the advert.  I transferred good title.  I have nothing further to add."
Simply repeat that verbatim response to anything.

HillStreetBlues

Also agree.
If they are silly enough to take to court (which I doubt), you will get plenty of advice on these MSE forums to fight  it.

Bigphil1474

OP, if you do want to reduce the risk of some hassle, you could offer a small partial refund to help them out. As others have said, you aren't owing to the purchasers, but a goodwill gesture might draw a line under it. Depends on your circumstances of course. Clearly they were aware that the air-con wasn't working, but if there is an engine fault that neither you nor they could know about, you could offer something towards that cost.

caprikid1

"you could offer a small partial refund to help them out."

This rarely works out well with these types of circumstances.

1. It can be perceived as an admission of guilt.
2. It encourages this sort of behaviour.
3. If it did go to court it will do nothing to help your case.

If it did go to court these cases get thrown out quite quickly, giving her any money won't stop it happening if she is determined.

Even if you give a full refund once you show weakness / lack of understanding before you know it money for Road Tax, Hire Car, Insurance will be then asked for once you "Admit" liability.

JUST DON'T DO IT ! Opens up a whole can of worms and clouds the issue.

ontheroad1970

Bigphil1474 said:

OP, if you do want to reduce the risk of some hassle, you could offer a small partial refund to help them out. As others have said, you aren't owing to the purchasers, but a goodwill gesture might draw a line under it. Depends on your circumstances of course. Clearly they were aware that the air-con wasn't working, but if there is an engine fault that neither you nor they could know about, you could offer something towards that cost.

Nah, they will just ask for more.  If accurately described, block number and move on.  File any correspondence for future reference.  

Stokiest75

I have had latest message quote"Halfords did the aircon check and found it was broken while doing this they noticed the defective diesel pump pulley " didn't take it in too much yesterday but now realise how could you notice anything about the timing belt pulley area when it is totally enclosed by covers and needs dismantling parts off the engine to get the covers off so it can't be just noticed unless I am missing something. Also they say the clutch is heavy in operation but again that would be apparent on test drive, most people perceive clutch as wear and tear component it's not slipping at all though and gears operate OK. 

caprikid1

"Unfortunately I sold this car in good faith, I feel I described the car accurately, I feel I have done everything that is reasonably expected in the situation so I won't be able to discuss this further or assist with any perceived issues. This is far from a new car and some level of issues are likely to occur on such a vehicle. Unfortunately I am a private seller not a garage who could have offered you warranty etc but obviously the price reflected that. Thankyou

CliveOfIndia

caprikid1 said:

"Unfortunately I sold this car in good faith, I feel I described the car accurately, I feel I have done everything that is reasonably expected in the situation so I won't be able to discuss this further or assist with any perceived issues. This is far from a new car and some level of issues are likely to occur on such a vehicle. Unfortunately I am a private seller not a garage who could have offered you warranty etc but obviously the price reflected that. Thankyou

I agree with you wholeheartedly.  Unfortunately you missed off the last part - "then block the number".

OP, the buyer is just trying it on.  Send a polite reply along the lines of what Caprikid has outlined, then block the number and have done with it.

You've done nothing wrong, you have no obligation to reimburse the buyer in any way, they're just a chancer.

If you did receive a small claims summons - and that's a massive "if", I'd be exceedingly surprised if the buyer genuinely thought they'd even stand a chance - then you still have nothing to worry about.  You're in the clear, the buyer hasn't got a leg to stand on.

Why do you think buying from a garage is so much more expensive than buying privately?  Quite simply because a garage does have obligations and needs to cover themselves against any potential warranty work (as well as making a profit).  As long as you described the car honestly, to the best of your knowledge, then that's end of story.

WellKnownSid

Bigphil1474 said:

OP, if you do want to reduce the risk of some hassle, you could offer a small partial refund to help them out.

And I can imagine the response to this.

"Your attempt to illegally buy my silence with a bribe has been duly noted, but in no way will this admission of guilt provide sufficient compensation for all my lost income, stress, and the waves of buyers' remorse I am now experiencing.  I suggest a figure of £5,000 as a starting point, a figure which might just allow me to draw a line under it."