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Author: Subject: Legal advice after selling car
Jamesc

posted on 26/5/19 at 01:34 PM Reply With Quote
Legal advice after selling car

I'm wondering if anyone can point me in the right direction. I've sold my car two weeks ago but now the buyer is accusing me of selling them an unroadworthy and broken car - threatening me with court action, it's really getting to me now.

The guy owns a garage and came and viewed the car, inspected it and said he didn't need to test drive it (I said I wasn't keen as it was late and neighbours etc). He signed a receipt saying there was no warranty implied or given.

He has also told me that he has it apart and replaced bits and pieces, so how do I know he hasn't broken it? Reading between the lines, it sounds like he regrets buying it and wants his money bacmlk.. It was clear that he didn't know much about kits.

Any advice or reassurance is appreciated. I can't afford the money or stress of legal stuff.

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Jamesc

posted on 26/5/19 at 01:43 PM Reply With Quote
I should also add that the v5 has been transferred to his garage as a trader, not sure how or if this would affect things?
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cliftyhanger

posted on 26/5/19 at 01:48 PM Reply With Quote
This is difficult.
Pretty certain he has no claim on you, he gave you a receipt, and stated he he no comebacks.

However, garage owners can get very nasty....

Wouldn't surprise me if he had a customer for it, and that hasn't worked out as expected.

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Jamesc

posted on 26/5/19 at 01:53 PM Reply With Quote
Well he forgot to take his copy of the receipt and asked me to send it to him, so I sent a picture and said I would scan a copy. He wanted a copy because he was going to part ex it with something else, then when that deal went through he said he was arranging for it to be returned to me?!

I would have thought as a garage owner he would know what he was looking at - there isn't much hidden on a kit car?

I have pictures and videos of it running days or weeks previous. Essentially as he has had it in pieces, if i take it back, I can't sell it on as I don't know what he's done to it.

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ian locostzx9rc2

posted on 26/5/19 at 02:04 PM Reply With Quote
Itís a private sale so he has no comeback
Whatís he saying the problem is with the car ?

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Jamesc

posted on 26/5/19 at 02:10 PM Reply With Quote
He hasn't really said.. Just that sometimes it starts and sometimes it doesn't. He claims it isn't roadworthy and he knows because he is an MOT tester. First time is was 'broken', he hadn't diarmed the immobiliser.

Last time he rang me he had the spark plugs out saying there was no spark, but he was still happy with the car. Within 2 days he's got very nasty..

I just do not know what to do. I'm days away from buying a replacement car, which is now in doubt because of this

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loggyboy

posted on 26/5/19 at 02:36 PM Reply With Quote
Ignore him. He hasnt a leg to stand on. Sold as seen with a private sale.
Unless you specifically lied about any questions he asked (and he can prove that) then he wont get any joy from any legal action.

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ian locostzx9rc2

posted on 26/5/19 at 02:43 PM Reply With Quote
Sounds like heís a bit of an idiot car was sold as seen private sale I assume he drove the car when he picked it up and was the car moted recently? sounds like heís playing you.
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Jamesc

posted on 26/5/19 at 02:43 PM Reply With Quote
Thanks for the reassurance

I described it as mechanically sound, which it is - I have videos which show me driving it perfectly days previous.

I'm getting really beaten up by someone putting my work and character down. I don't need the stress of people threatening legal action.

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talkingshte

posted on 26/5/19 at 02:44 PM Reply With Quote
I wouldn't worry, I don't think he can really bring any action against you. As you said it's sold as seen, if he's taken it to bits then he could have induced faults and damaged it, hence any chance of returning it ended when he did that.
He's probably just being threatening to try and make you say you'll take it back.

NB Just my 2p! I'm not a lawyer

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MikeRJ

posted on 26/5/19 at 02:52 PM Reply With Quote
As a private seller you have very little to worry about. Unless he can show you were dishonest about the condition of the car then he's stuck with it, so ignore the threats and don't give an inch e.g. don't agree to any partial refunds etc. Ignore any further contact with him, engaging with these people only encourages them.
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Jamesc

posted on 26/5/19 at 02:56 PM Reply With Quote
Thank you for all the responses, it is helping as it's currently ruining my weekend.

He's told me that a motorcycle expert has had a look at it and told him the engine needs to be stripped.. He is refusing to reply until Tuesday now, but I think its wise for me to ask for the motorcycle experts contact details so I can speak to him myself. Will be very telling if the details aren't forthcoming.

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computid

posted on 26/5/19 at 03:41 PM Reply With Quote
quote:
Originally posted by Jamesc
Thank you for all the responses, it is helping as it's currently ruining my weekend.

He's told me that a motorcycle expert has had a look at it and told him the engine needs to be stripped.. He is refusing to reply until Tuesday now, but I think its wise for me to ask for the motorcycle experts contact details so I can speak to him myself. Will be very telling if the details aren't forthcoming.


I've been here before, and it's also why I will never sell a vehicle from my house again - this is further aided by the fact that the V5 no longer includes the previous keepers name and address. I once sold a perfectly working motorbike with all of it's faults listed and sold as a bit of a project, the guy who bought it phoned me up a few days later unhappy and wanting his money back. I said so long as it was in the same condition then I'd take it back (mistake).

I got a lift to his place in London with a mate, and when I turned up he'd ruined the engine (clutch had exploded from misuse and blocked all of the oil ways), clearly been doing burnouts as the brand new back tyre was ruined, and dropped it multiple times on both sides. I refused to give him his money back, at which point he and his mates pulled their knives out and threatened to stab me. Lovely.

If I was you, I'd probably tell this chap to wee off. It's a private sale, sold as seen. If he's such a qualified mechanic then he should have properly inspected the car prior to purchase. He has not a leg to stand on legally. However, depending upon your view of the guy, and how you feel about your ability to protect yourself/your property I would think very carefully about how to proceed. He could be giving you back something that he's damaged and will cost a fortune to fix, or he could turn up with 5 mates at your door.





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nero1701

posted on 26/5/19 at 05:10 PM Reply With Quote
Just say,

I'm sorry you feel this way, however, I've sold a running, working car that you were happy with, I've sold this car to you in good faith, I am sorry that you are now unhappy, however this is through no fault of mine. I consider the matter ow closed and will no longer involve myself in any further communication with you directly. Any further communication I will pass on to the police as I am now beginning to feel threatened.

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ian locostzx9rc2

posted on 26/5/19 at 05:20 PM Reply With Quote
As above sounds sensible
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Benzine

posted on 26/5/19 at 05:38 PM Reply With Quote
Block his number, block his email/ebay username and carry on.
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Jamesc

posted on 26/5/19 at 05:44 PM Reply With Quote
It's good to hear that you guys agree and I'm not crazy.

I'm just not keen on it getting out of hand as no one will benefit and I don't need the extra stress.

To answer some questions.. The car only had 6 weeks MOT left, but he first contacted me at 10am Tuesday morning and turned up 9.30pm Tuesday night without really confirming he was coming. I said its too late to drive it around and he said I don't need to test drive, it's fine. We firing it up for 30 seconds and it was faultless as expected. It was going for an MOT later in the week, but he couldn't wait.

I get the feeling he is regretting buying as it isn't what he thought it was. I mean he was surprised it had a clutch pedal just because it has flappy paddles.

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Jamesc

posted on 26/5/19 at 05:45 PM Reply With Quote
I was tempted to block all contact but I think it will antagonise the situation and some paperwork will land on my door in a few weeks or something over the top.
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ian locostzx9rc2

posted on 26/5/19 at 05:59 PM Reply With Quote
He is acting like an idiot turns up late in the day he agrees doesnít need a road test because of the time he turned up short mot which you where prepared to renew but he couldnít wait so buys it now says it it unroadworthy doesnít give you a reason wouldnít surprise me if heís trashed the gearbox after what you said assuming itís a bike engined car and heís probably never driven one before heís clearly pretty stupid.your really not liable for any refund and should point this out end off......
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Jamesc

posted on 26/5/19 at 06:07 PM Reply With Quote
I agree with all the above, but it doesn't seem right that he owns a garage but doesn't understand some quite simple things.

I mean, most people know to test drive a car before they buy, especially a hand built one, right?

Now I'm thinking he won't talk to me until Tuesday because he fabricating some evidence against me or something. Time to collate all my build photos and videos I guess.

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cliftyhanger

posted on 26/5/19 at 07:35 PM Reply With Quote
No, don't try arguing with him or defending what you sold. It only encourages them to think they are "winning"

The receipt says it all, and he is a motor trader....

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wylliezx9r

posted on 26/5/19 at 08:54 PM Reply With Quote
The car is sold as seen you don't need to provide evidence of anything, don't fuel his behaviour by doing so.

If he gets threatening phone the police and let him know that you have.





I spent a lot of money on booze, birds and fast cars. The rest I just squandered.
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mark chandler

posted on 26/5/19 at 08:57 PM Reply With Quote
I sold a car to a dealer years ago, he was perfectly happy when collecting then two weeks later it started, this is wrong, that is wrong I want my money back or give me £1,500 to put it right.

Just ignore, as before he was probably lining up for a client, it went sour so now is looking for an easy out.

Do not reply, or answer any calls and he will disappear.

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loggyboy

posted on 26/5/19 at 09:17 PM Reply With Quote
Dont block him.

But dont get in to any further discussion. If he persists send something like this.

'Im sorry the car is not to your liking but was viewed and sold as seen. You inspected and deemed it satisfactory prior to purchasing and this was receipted and noted at the time of sale. I will not entertain any further communications regarding the car or its condition.'

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Jamesc

posted on 26/5/19 at 09:29 PM Reply With Quote
Thank you to everyone, you've made me feel so much better by reinforcing what I thought.

Looking back through the messages, there were comments such as 'I have paid too much for this car, if I knew of the problems I would have offered less' and 'let's work together as adults before this gets out of hand'. Makes me think he wants some money back even though I sold it for a very fair price.

The last thing I want to do is get in an argument, but I get the impression he's the kind of guy that will turn up at my door with the car and leave it on my drive...

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