rallychick

Afternoon everyone

I sold my car on Monday night to a guy and described the known faults to him. This morning he has called me and said that the engine is now making a clicking noise. I am worried that he's ragged it to death in 24 hours and I'll now end up paying. He has stated that if it was something that I knew about then he wants his money back but I told him about the only fault. Where do I stand legally?

this wasn't a subaru by the way.

RichWalk

Unless you are a dealer, then you used the 'sold as seen' clause (on the reciept) you should have no come backs at all.

*Sonic*

Did you put 'sold as seen' on the reciept ?

not sure where you stand legally, but you cant really be responsible for something that goes wrong with it after he has had it for 24 hours
Caveat Emptor

rallychick

Thanks for the replies guys. The guy didn't want a receipt when I sold him the car and just wanted to take it away as soon as possible. I think he's a bit of a bad lad though and I think he'll get nasty because he's already threatened to come back round I really hope nothing is badly wrong with the car because I'd owned it for 2 and half years and it was fine.

RichWalk

keep it simple, if he was that bothered about how sound the car was he should of got independant advice, as sonic said 'buyer beware'.

You havnt broken any laws, if he comes round threatening you then he certainly will have.

*Sonic*

hmm, sounds a bit dodgy if he didnt want a reciept, it would have inconvenienced him about 2 minutes whilst you wrote a reciept

If you have an address for him, stick him a reciept in the post, he doesnt have to sign it or anything, and make sure you put sold as seen on it, date it from the date the money exchanged hands, and sign it, send it recorded too

S

rallychick

He didn't seem that interested in looking over the car. He arrived with cash, looked at the car briefly but did not know much about them and I pointed out that I knew the cam chain was slightly noisy but had been for 2 years hence the price. He acknowledged this and agreed a price with me. We filled in the logbook and he was gone as quickly as that.

Brendan Hughes

uh-oh....

what (approx) price are we talking about here?

rallychick

I sold him the car for £1400. It's not a great deal of money (enough to me) but it's now the hassle.

Reality

Sounds like he's ragged it while on a bank job

TopBanana

What difference does it make putting 'sold on as seen' on the receipt?

*Sonic*

have you checked his address to make sure it actually exists?

It may be a false one, or not his address

*Sonic*

Putting sold as seen on the reciept, means that the buyer has accepted the goods as they are, and as seen

If any doubts arise independant advice should be sought like AA/RAC inspection etc

Reality

Proof that you have sold the car as seen without warranty etc. Without it the purchaser could claim it was sold by phone and desribed as being in perfect condition etc.

Without a receipt as above and I'd be reporting it as stolen

davegtt

If it was sold privately AFAIK you dont even need to write a reciept let alone put sold as seen on it, tell him to go do one (make sure you have a butch mate come round though for back up..lol)

He shouldnt have any come back what so ever.

TopBanana

Absolutely correct. Even if a dealer writes 'sold as seen', it can only reasonably refer to faults which you can see visually such as bodywork and paintwork problems.

53

iTrader: (41)

The words 'tuff *******' comes to mind, no come back for you. If you do cave in and take the car back there is no guarantee you are getting back completely what you sold.

Brendan Hughes

I almost like this, but isn't there some sort of signing of the V5 involved? (Years since I last sold a car, I've forgotten)

*Sonic*

but what if a false address has been provided for the V5

I would check the address exists, get a friend to drive round there if not too far away, and see if the car is actually there

You could always report it to the police so at least its logged if he comes round all heavy wanting his money back etc

and it does turn out to be something a little on the dodgy side

The Chief

I'm pretty sure your wrong here - just because you put sold as seen on a receipt means **** all. although he has to prove that you knowingly sold the car with the fault.

If he is threatening to come round then fine - as soon as he turns up ring the police and dont hesitate. That will give you more ammo if it gets to court.

The Chief

oops looks like i was wrong.

check this out...

http://www.bbc.co.uk/consumer/guides..._private.shtml

i really dont think you've a problem

Reality

Curses - another plan foiled

*Sonic*

Just found this

Q: I sold a car yesterday to a consumer for £500. At such a low price, I told him it was ‘sold as seen’. He accepted this. Now, he’s complained because the exhaust has fallen off, and he sys the clutch is going. I’ve told him that he agreed it was sold as seen and he hasn’t any comeback.


A: ‘Sold as seen’ in this context is a meaningless statement. You can only apply this reasonably to the way the car looks, or something that can be easily seen on a visual inspection, perhaps scratched or dented bodywork for example. However, it is not reasonable to expect a faulty exhaust or clutch to be picked up on the basis of a visual examination, and the consumer is probably entitled to complain. This soon into the contract, the Sale of Goods Act 1979 (as amended) would most likely allow him to reject the car and have a full refund.

Using the term ‘sold as seen’ in these circumstances may also be a criminal offence under the Consumer Transactions (Restrictions on Statements) Order, as it would be seen as an attempt to restrict a consumer’s legal rights. If you want to use any disclaimers, either in contracts or in signs on the garage premises, it is best to seek advice from Trading Standards or your company solicitor first.

*Sonic*

taken from here

http://www.hants.gov.uk/regulatory/faqs/cars6.html

*Sonic*

and another more promising Q & A

I have bought a car privately, through the small ads of my local paper. It was only £800, but I now find the engine is totally worn out, and it is using oil excessively. What can I do?

A
When you buy privately, the law says that you have fewer rights than when buying from a trader. The principle of 'caveat emptor' or ‘buyer beware’ operates. You have no legal right to expect the goods to be of a satisfactory quality (although cars should be roadworthy, whether bought privately or not). You are entitled, however, to expect the car to be correctly described. So, if the seller had claimed that it was in ‘excellent condition’ for example, then you might have been able to argue misrepresentation.
It is always a good idea to take a knowledgeable friend or mechanic with you when you buy a car privately, and you must accept that although you might get a good price buying privately, there are attendant risks, also.

rallychick

Sorry I had to do some w*rk

Thanks for your help guys I was fearing the worst when he called me this morning. I just hope he doesn't turn up at my house kicking off if he has screwed it up.

Brendan Hughes

I'm guessing Sonic's post #25 doesn't apply in this case - it is worded as if it is a car trader selling to a consumer, which is (probably) not the case of the OP. Private to private sales have far fewer rights.

*Sonic*

yep Brendan, hence finding the second Q & A, which is more applicable in RallyChick's case