Legal Stand on selling a used car?
06 February 2003, 11:03 AM
#1
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It is their problem, they drove the car and agreed to buy it on that basis. It is up to the buyer to esyablish any problems, you sold it with a current MOT i take it - so in roadworthy condition.
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The only comeback the buyer would have had is if you had sold the vehicle knowing it to be in an unroadworthy or dangerous condition, and the key word here is knowingly
EXACTLY - Knowingly is the key
72 hour rule - Jacka-fecking-nory! Do they write their own material?
Buyer Beware!
It is their problem.
[Edited by Paul Habgood - 6/2/2003 11:05:44 AM]
Quote
The only comeback the buyer would have had is if you had sold the vehicle knowing it to be in an unroadworthy or dangerous condition, and the key word here is knowingly
EXACTLY - Knowingly is the key
72 hour rule - Jacka-fecking-nory! Do they write their own material?
Buyer Beware!
It is their problem.
[Edited by Paul Habgood - 6/2/2003 11:05:44 AM]
06 February 2003, 11:54 AM
#2
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Offering them money could be seen as adimitting liability/there is a problem and taking some respponsibilty for it - NO, do not do this.
Who is to say what is wrong with the car, thier mechanic??? They may be responsible for the fault themselves for all you know. Their 'mechanic' who looked at the car is the one they should be talking to about this not you.
They chipped you on the price, they drove the car you agreed a price and they paid you for it - Job done and thats an end to it!
[Edited by Paul Habgood - 6/2/2003 11:57:33 AM]
Offering them money could be seen as adimitting liability/there is a problem and taking some respponsibilty for it - NO, do not do this.
Who is to say what is wrong with the car, thier mechanic??? They may be responsible for the fault themselves for all you know. Their 'mechanic' who looked at the car is the one they should be talking to about this not you.
They chipped you on the price, they drove the car you agreed a price and they paid you for it - Job done and thats an end to it!
[Edited by Paul Habgood - 6/2/2003 11:57:33 AM]
01 June 2003, 07:09 PM
#3
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sold my girlfriends car for her last week, we knew it needed a service & some general attention, she'd only had it a short while & couldnt get on with it as it was an auto, anyhow we advertised it for about £500 less than others of similar mileage condition etc & someone bought for £700 less than she paid a very short while ago after i explained it was a quick sale & it needs some work, her husband inspected it & she drove it twice over the course of 5 days, no deposit was taken & i left them at their leisure to get a mechanic to inspect the car which he said " at that price youc ant go wrong" anyway get back from a long weekend away to his answerphone message & also my neighbour saying they'd been round buzzing all the flats in the block looking for me, i called him as soon as i found out & he reckons the sensor in the autobox has gone & it thinks that it is always cold & thus runs faster & will need the gearbox overhauling to correct this fault? i say sorry mat what i can i say etc, he wants me to buy the car back or pay half the repair!!!!!!!! WTF i politely explained that i would be happy with neither of his suggestions
he & his wife want to come & discuss with me & i told him do not come round, please feel free to call me to discuss but there is nothing to discuss? he says he'll be round on tuesday at 9pm watch this space..........
he & his wife want to come & discuss with me & i told him do not come round, please feel free to call me to discuss but there is nothing to discuss? he says he'll be round on tuesday at 9pm watch this space..........
01 June 2003, 07:13 PM
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Don't answer the door-
In fact tell him you have no intention of discussing the matter further at all. The deal is done "caveat emptor", buyer beware, if you did him a receipt I hope you wrote "sold as seen" on it. If not still tell him to take a running jump.
In fact tell him you have no intention of discussing the matter further at all. The deal is done "caveat emptor", buyer beware, if you did him a receipt I hope you wrote "sold as seen" on it. If not still tell him to take a running jump.
01 June 2003, 07:15 PM
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He's got NO comeback at all.
Tell him to **** off.
It's buyer beware.
I had a similar thing with a Clio I sold. The gearbox went after the guy had had it for 2 months and thought it right that I contribute to the cost of replacement. I just laughed at him.
Tell him to **** off.
It's buyer beware.
I had a similar thing with a Clio I sold. The gearbox went after the guy had had it for 2 months and thought it right that I contribute to the cost of replacement. I just laughed at him.
01 June 2003, 07:50 PM
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i shall be as polite as poss as they only live 5 mins away, the car drives fine just over revs & when you put it in drive you need a firm foot on the brake, when/if he gets here on tuesday i shall go down & talk to him if he persists i will certainlt tell him to **** off, i wrote on the receipt bought as seen & tested.
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01 June 2003, 07:54 PM
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i am a nice guy & was very polite & advised him that its nowt to do with me, i think he was chancing it, i suppose you dont ask you dont get, if he gets funny i'll send the turkish connection round 
01 June 2003, 08:46 PM
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Met....be polite but if you dont want the car back ,firmly refuse.Tell him he can always sell it on,it happens all the time.
Legally he would only have comeback if it was classed as dangerous,(i think).
Legally he would only have comeback if it was classed as dangerous,(i think).
01 June 2003, 09:13 PM
#12
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I may be wrong, and sorry if this leaves you in a sticky position, but as far as I know the buyer has 72 hours to report any fault to you, after which they can demand repair or refund unless otherwise agreed on the bill of sale (such as 1hour clause from auctions).
Secondhand sales are still protected under the sale of goods act, and the item must be of merchantable quality.
Secondhand sales are still protected under the sale of goods act, and the item must be of merchantable quality.
01 June 2003, 09:32 PM
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If they had it more than 72 hours (after exchanging money, bill of sale and keys) before attempting to report a fault to you then you're in the clear IMHO.
If they tried but failed to contact you within that time then you are still liable.
If they tried but failed to contact you within that time then you are still liable.
01 June 2003, 09:37 PM
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There's no such thing as the 72 hour thing.
The only comeback you can have when buying used cars is if you buy from a registered trader.
Private buyers from private sellers have no comeback once the money's handed over and the vehicle is taken away.
The only comeback you can have when buying used cars is if you buy from a registered trader.
Private buyers from private sellers have no comeback once the money's handed over and the vehicle is taken away.
Sounds like he owns it too
01 June 2003, 10:18 PM
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I've also never heard of the 72hr thing, even from a dealer!!
However, I have heard that moves are afoot to make the seller of a car responsble for making sure that the person buying is who they say they are, and that they register the car in their name, the seller way well become responsible for fines etc, until the new owner informs dvlc! This is genuine, and may well become law!
However, I have heard that moves are afoot to make the seller of a car responsble for making sure that the person buying is who they say they are, and that they register the car in their name, the seller way well become responsible for fines etc, until the new owner informs dvlc! This is genuine, and may well become law!
02 June 2003, 09:24 AM
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The only comeback the buyer would have had is if you had sold the vehicle knowing it to be in an unroadworthy or dangerous condition, and the key word here is knowingly.
It was examined by a mechanic, you have made it quite clear that work was required, and if I read it right, they purchased it £700 cheaper than they would have for a similar vehicle.
If you were a dealer, different ketytle of fish, but as a private seller, provided you have pointed out the KNOWN faults and it was not unroadworthy or dangerous, then you have no further obligation to this guy.
It was examined by a mechanic, you have made it quite clear that work was required, and if I read it right, they purchased it £700 cheaper than they would have for a similar vehicle.
If you were a dealer, different ketytle of fish, but as a private seller, provided you have pointed out the KNOWN faults and it was not unroadworthy or dangerous, then you have no further obligation to this guy.
02 June 2003, 10:12 AM
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yep i asked for 3000 we paid 3200 for it 2 months ago i sold it to him for £2500 after getting a yrs mot & tax & 4 new tyres. it is a fiesta auto which his mechanic tells me is a very common problem, on the auto ones. the guy reckons on £800 to fix, ia dvised him "its still a decent car get it fixed & keep it, 97 r reg zetec ghia 16v with all the trimmings & with 40k miles on" i replaced the fiesta with a polo, got it cheap & it needs a service £300 - Clutch £250 - Thermostat Housing £?, so at least £600 all in, i got it cheap for a reason i suppose same way as i sold the fiesta cheap.
02 June 2003, 10:21 AM
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The only comeback the buyer would have had is if you had sold the vehicle knowing it to be in an unroadworthy or dangerous condition, and the key word here is knowingly
02 June 2003, 03:46 PM
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quote:
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The only comeback the buyer would have had is if you had sold the vehicle knowing it to be in an unroadworthy or dangerous condition, and the key word here is knowingly
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id say its pretty imposible to prove the abouve as well the guy has no comeback what so ever tell him if he wants to take it further you will see him in small claims court
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The only comeback the buyer would have had is if you had sold the vehicle knowing it to be in an unroadworthy or dangerous condition, and the key word here is knowingly
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id say its pretty imposible to prove the abouve as well the guy has no comeback what so ever tell him if he wants to take it further you will see him in small claims court
05 June 2003, 01:49 AM
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> The only comeback the buyer would have had is if you had sold the vehicle knowing it to be in an unroadworthy or dangerous condition, and the key word here is knowingly
Even that is not true, there is NOTHING from a private seller. Otherwise for example i could buy a restoration jobbie car with say no brakes and then try and sue the seller.
The statement above is for a trader.
Even that is not true, there is NOTHING from a private seller. Otherwise for example i could buy a restoration jobbie car with say no brakes and then try and sue the seller.
The statement above is for a trader.
05 June 2003, 09:12 AM
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I had better tell our team of lawyers who deal with this type of thing on a daily basis then, and a few former Police colleagues who prosecute private individuals for selling vehicles in an un roadworthy condition.
If the defects are made clear by the seller to the buyer and the buyer continues with the deal, then fine as all the potential known faults have been disclosed. Selling the vehicle in an unroadworthy condition knowing there are major faults and failing to sisclose applies not only to traders but private individuals as well.
If the defects are made clear by the seller to the buyer and the buyer continues with the deal, then fine as all the potential known faults have been disclosed. Selling the vehicle in an unroadworthy condition knowing there are major faults and failing to sisclose applies not only to traders but private individuals as well.
