mattyd

right, i sold my scooby on saturday, buyer looked around it for 20mins unaccomponied by me as i was in house sorting paperwork etc, they decide they liked what theyd seen, so shut the bonnet and asked for test drive, the bonnet didnt fully latch at first so i pushed it closed and off we went, i didnt take any deposit, or ask to see proof of insurance as i am an honest and believing person when they said they had trade insurance,

we went for 10 min test drive, used all gears got up to around 45mph,

got back and they decided they liked her so we filled in the paperwork etc, i took the money and wrote 2 sold as seen receipts.

2days later i have phonecall from the girls mother, saying that they are taking legal action as halfway home, the bonnet flew up and through the screen at 50mph?

after her mother ranting at me i do know with a private sale with 2 receipts as soon as they drive the car away with sold as seen receipt, legally they are considered happy right?

am i guna get shafted or do they not have much of a leg to stand on

much advice appriciated,
thanks in advance
matt

The Rig

iTrader: (13)

I believe you can take anyone to court for any trivial matter,BUT,wether the magustrates go in her favour is a very different matter.
Maybe they re-opened the bonnet and didnt latch it properly so not your fault

nickhasl

they don't have a leg to stand on. for all you know the opened it again and didn't shut it

don't worrie

Jek

I would have thought that you would be safe enough mate, like you say, you had sold the car, sold as seen. Unfortunate for them but no longer your problem i would say.

GC8

Magistrates? This would end up in County Court, nothing to do with magistrates.

You dont have anything to worry about.

p.lambo

as long as you said sold as seen on the receipt they have no leg to stand on as soon as they drive it off your drive it there hands they have no clame on you it comes under the 1968 act for sales

my94wrx

iTrader: (4)

as above nothing to worry about sold as seen, what's to say they didn't open the bonnet later and failed to shut it properly, it will be very hard for them to prove the blame lies with you.

jh1

it,s the drivers responsability to make sure the vehicle he/she is driving is safe.. its just bad luckon their part.

Dasco

iTrader: (3)

Why wait two days to call you back and rant at you if it happened on way home. Seems very strange that they waited that long to contact you. If it had been me i'd have called you straight after it happened to tell you you hadn't closed bonnet properly.

chris28

iTrader: (1)

they dont have a leg to stand on its a private sale the car was taken on a test drive the bonnet didnt fly up so you would argue that they have opened the bonnet again and not shut it correctly.

With private sellers it's ‘buyer beware'

However buy second hand goods from private sellers and you've only a right that the product is correctly described and the owner has the right to sell it. Here it's caveat emptor or let the buyer beware. If the buyer says nothing and no description and you buy it – then that's it – even if it doesn't do what you thought it may – you were not missold.


Second hand cars specifically

If buying from a trader your rights are the same as always. However certain factors must be taken into account. A car should be fit to use on the road, be in a condition that effects its age and price and be reasonably reliable. ‘Sold as seen' has no basis in law, your sale of goods act rights still apply.

Note private sellers of cars works like all second hand private sales (see above) however unless stated you have a right to expect the car will pass an MOT.


taken from money saving experts consumer rights

V555MAC

iTrader: (4)

Tell'em to jog on, once they take ownership and have signed reiepts to say sold as seen, you're in the clear. The car becomes their responsibility and as said, they might have opened the bonnet again and not shut it properly. Hate people like this!!

ginger321

Be diplomatic with them. No point in noising them up any more.

Seems odd that they wait two days before speaking to you about it. Sit tight an if they wanted to take you to court theyd have to report the matter an as soon as they explain their side to the authorities then they will find out its not your problem.

The mother was probably acting like any parent would when something happens to one of their kids - She was probably dead against them getting a fast car in the first place - She Needed somebody to shout at an you were in the firing line.

If they hassle you about it any more Id call the police on them

wrbhawk

As mentioned the fact she waited 2 days to call you is suspect.
I wouldn't worry too much.

Just out of curiosity what car was it?

bmfcrash

iTrader: (14)

Be polite ect, but nothing to do with you.

When I picked up my Evo (i know), it didnt feel right when driving home, and I rang the seller from the services there and then, long story but turned out to be an engine fault, diagnosed a week later.

Fact is nobody would ring 2 days later to tell you about it, if it actually did happen on their trip home, and as the seller if they had rang at the time, I would go out to help them/sort out the issue.

Sleep well in the knowledge that no court in the land will do anything other than throw this out.

mattyd

it was a sport sti replica last of classics on a y!

The Zohan

You have no idea if they opened the bonnet after departing from your place on thier way home, maybe they checked to oil, maybe checked to see if it was shut properly, maybe they topped up the screenwash, who knows.

Unless you knew that the bonnet latch/lock/cable was faulty and sold it with this fault but without telling them then they can go whistle!

dj219957

its buyer beware. you have nothing to worry about.

wonder why the safety catch didnt work? was it greased properly?

Mog

I would delete your comment over the catch not taking the first time as this is a public forum.

Mog

Aaron1978

iTrader: (12)

I also wonder if they have declared all the modifications to their insurance co Might be worth mentioning this to them.

Aaron

belliott69

iTrader: (3)

probably got it home and got moaned at and are trying to find a way out now, as everyone else has said its nothing to do with you once it leaves your name and posession.

mattyd

i do not need to delete the comment, i pused the bonnet down as the force he used wouldnt have latched it on a brand new one straight out of the showroom, he dropped it half a foot away from the skam panel so i pushed it down to lock, theen got my fingers under it to pull it up naturaly and it was latched! i think it happened today and they are trying to pull the wool!

scoobwrx94import

tell them to bolt mate seems like there trying it on they mite even try get u to refund sum of the money if this has actually happend ask them for pics of it and the damage bad luck in his part but u wouldnt no if he had opend the bonnet at any time as u werent there would be a hard thing to prove in a court that he hadnt opend it it wouldnt even go to court as even better u have a receipt for sold as seen and phoning 2 days later just a tad dodgy like

Terminator X

iTrader: (7)

Tell them to do one ... sold as seen.

TX.

f4la k

iTrader: (1)

Probably took it home on traders insurance and went to insure it on a policy, once they told them it was a sport modified to an sti, equals bigger premium than sport, only lookin for a way out.

mattyd

her bf drove it on trade!

LegacySTi

iTrader: (13)

wouldn't worry about it. As said above driver responsibilty. And why wait 2 days?

intergrale4x4

iTrader: (1)

I’m most impressed “f4la k” your both a fully qualified vehicle technician and a legal advisor at the age of 15 “You’re mother must be so proud” Bet your browser history isn’t so complimentary “A caught wanking again “

mattyd

here come the keyboard warriors...

intergrale4x4

iTrader: (1)

Am sorry Mattyd. I have my own garage business PM me and I'll give you the number of a solicitor that will sort the whole thing out for you.