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Old 04 August 2005, 04:09 PM
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sammyh
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Default Sold a car and the buyer wants a refund

I sold one of my cars last week, and gave the buyer a receipt for the car showing the money paid and sold as seen etc etc.

On tuesday the lad rang me to ask if he could return it stating 'there is nothing wrong with it, i've just got money problems' obviously my answer was no but for the last two days i've been having phone calls from him and his father telling me there is now problems with the car and they want a refund.

I've still said no, but i'm just after clarification that i'm pefectly in the right to say no.


Thanks
Sam
Old 04 August 2005, 04:12 PM
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wacky.banana
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SOLD as seen says it all. You are under no obligation to give the money back. How do you know they haven't damaged the car in some way and now want out of an expensive bill?

Put your phone on answerphone & screen your calls.

WB
Old 04 August 2005, 04:12 PM
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STi wanna Subaru
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totall in your rights. tell them in a polite way to F off.
Old 04 August 2005, 04:13 PM
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GC8
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Unless the car was misdescribed, for example you said it was well maintained and it transpired that it hasnt been serviced for two years... then they are not entitled to any compensation, let alone a refund.

Simon
Old 04 August 2005, 04:13 PM
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Gutmann pug
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SOLD AS SEEN ......... as far as im concerned it was down to him to have the car inspected in anyway he saw fit before he parted with his cash.

Your in the clear mate unless you're feeling guilty of course

Gary
Old 04 August 2005, 04:14 PM
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sammyh
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Thanks guys I thought so

The car was sold without mot or tax, infact I only bought it for the engine (Mi16)
Old 04 August 2005, 04:15 PM
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scoobyvirgin
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You're quite right. Although if you want to be kind... Make him an offer as most traders would do: "I'll buy it back from you, but I'l only give you x for it" make x for example £1000 less than what he paid you

Last edited by scoobyvirgin; 04 August 2005 at 04:18 PM.

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Old 04 August 2005, 04:16 PM
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sammyh
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Originally Posted by Gutmann pug
SOLD AS SEEN ......... as far as im concerned it was down to him to have the car inspected in anyway he saw fit before he parted with his cash.

Your in the clear mate unless you're feeling guilty of course

Gary
Gary, I don't do guilt
Old 04 August 2005, 04:18 PM
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paul-s
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why does he want to return it, whats wrong with it ??
Old 04 August 2005, 04:18 PM
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Gutmann pug
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I must admit if I had sold it and it DID have issues this close to sale date I would feel slightly guilty. It wouldnt stop me spending the money though.

Gary
Old 04 August 2005, 04:21 PM
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sammyh
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Well he only wanted the engine as well, he could make his money back by breaking it

And besides I did spend the money
Old 04 August 2005, 04:22 PM
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As soon as they've paid the money and taken the car your contract is complete. Assuming the car hasn't been mis-represented (i.e. advertised with full service history which is found not to be true) then you're perfectly entitled to decline to effectively buy the car back.

Even if you did accept it back (out of goodwill) assuming you filled in the registration documents when you sold the car then the car will probably end up showing more owners on the log book not to mention the new advertising costs etc.
As a gesture of goodwill you could always offer to forward any further enquiries you get for the car to the new owner?
Old 04 August 2005, 04:22 PM
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cashy
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Nothing to worry about at all...........

Sold as seen, no comeback what so ever.
Old 04 August 2005, 04:41 PM
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MadMark
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None at all Sammy!

Mind you what's the engine like?
- I'm thinking you offer him 50% back and we do another deal on the car for the engine!
Old 04 August 2005, 04:48 PM
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Bald Speed Racing
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he's probably had a bo77ocking of his old boy and he trying to get his money back, tell him to do one. if he wants some money sell the car on ebay or something. Cheeky get!
Old 04 August 2005, 04:54 PM
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Dream Weaver
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Just tell him to contact his solicitor, usually puts the ****s up them.

I cant stand people that wont accept responsibility. My 205 was knackered when I bought it, but it was my fault so I have to sort it out, would be soft of me to try and get the money back.
Old 04 August 2005, 04:58 PM
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NotoriousREV
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Just give me my money back!

Old 04 August 2005, 05:00 PM
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Of course all this would pale into insignificance should he decide to seek illegal forms of retribution. I'm not saying he will and maybe not in the near future but if he is that way inclined dont be suprised to find a few large key marks down the sides of your other motors

Just a thought to be wary of, you know what people can be like these days
Old 04 August 2005, 05:13 PM
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RedFive
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In some EU countries there was a rule stating "sold as seen" does not hold up when there were "hidden problems"

Any lawyers on here who know what the EU law says about this ?
Old 04 August 2005, 05:33 PM
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Watch the news tomorrow night - riots in S. Wales after car deal goes wrong !! ;

Seriously, legally you've nothing to worry about - as mentioned above tell them that any further requests go to your solicitor.

Right behind you on that one m8, just don't tell them where I live
Old 04 August 2005, 06:06 PM
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Caveat Emptor - tell them to go away. Any further calls will be harrassment.
Old 04 August 2005, 06:57 PM
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pslewis
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Originally Posted by sammyh
Well he only wanted the engine as well, he could make his money back by breaking it

And besides I did spend the money
How many engines did the car have?? YOU wanted it for the engine and he bought it off you as he wanted the engine too????

Looks to me that you realised the engine was haff and offloaded it??

I haven't read the whole thread ..... but seems to me that its between you and your conscience!

Pete

ps. he might come round and **** your sheep!! How much do ewe love them???

Last edited by pslewis; 04 August 2005 at 07:00 PM.
Old 04 August 2005, 07:23 PM
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sammyh
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Originally Posted by pslewis
How many engines did the car have?? YOU wanted it for the engine and he bought it off you as he wanted the engine too????

Looks to me that you realised the engine was haff and offloaded it??

I haven't read the whole thread ..... but seems to me that its between you and your conscience!

Pete

ps. he might come round and **** your sheep!! How much do ewe love them???
No Pete

I bought it for the engine with a view to building a project car, but i'd sice my dad died and I took complete control of the company I really dont have the time to do it.

Ps

Originally Posted by pslewis
Looks to me that you realised the engine was haff and offloaded it
Some people could take offense to people questioning thier integrity, so please be mindfull of that in any future posts
Old 04 August 2005, 08:06 PM
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Originally Posted by sammyh
Some people could take offense to people questioning thier integrity, so please be mindfull of that in any future posts
Yes, but I know that you are made of stronger stuff!!

Pete
Old 04 August 2005, 08:19 PM
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I think I read somewhere that it is up to the buyer to prove there was something wrong when they bought it. An independent inspection will be required tell them - often or not the hassle or further pay out of money is too much bother.

See Trading Standards...blah blah I know it's dull but you can use quotes

I have learnt a thing or two and used it

Lin
Old 04 August 2005, 08:37 PM
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Milamber
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Originally Posted by little'un
I think I read somewhere that it is up to the buyer to prove there was something wrong when they bought it.
AND that you knew it when you sold it.
Old 04 August 2005, 08:37 PM
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Markus
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I've sold and purchased cars that have had "SOLD AS SEEN" on the paperwork and I've always understood that if you then find a problem afterwards, it's tough *******. If you're buying a car, it's prudent to get it properly inspected, if you don't well, you're open to possible problems.

Have a peek here. Specifically the "Private Sales" section, and maybe point the person who is giving you hassle to that.
Old 04 August 2005, 08:40 PM
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Markus
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Also, Sale of Goods Act

When are you not entitled to anything?
If you were told of any faults before you bought the goods.
If the fault was obvious and it would have been reasonable to have noticed it on examination before buying.
If you caused any damage yourself.
If you made a mistake, e.g. you don't like the colour, it is the wrong size etc.
If you have changed your mind about the goods, or seen them cheaper elsewhere.

One could possibly say that the last point applies to the purchaser of the car, as in they have changed their mind about it.
Old 04 August 2005, 08:40 PM
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wwp8
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say you spent the money, or you wil buy it back for half what he paid for, and sell it again
Old 04 August 2005, 08:44 PM
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Originally Posted by wwp8
say you spent the money, or you wil buy it back for half what he paid for, and sell it again

pmsl


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