Hi All,
Please help. I sold my car about a month ago.
I bought some hub caps for it beforehand, though I didn't attempt to fit them -but showed them boxed when the buyers brother was inspecting the car. Unfortunately they didn't fit, as I prep'd for the car to be picked up.To add, the buyers brother inspected the car fully, test drove it, and was a nice chap.The buyer himself came to pick up the car, and after about about a week, contacted me to say that:
1) The gear didn't shift properly between 5 to 4 (something I was not aware of, but he implied I was).He wants me to foot some of the bill for repairing this.
2) That the hub caps didn't fit
3) That I advertised the car incorrectly as 'reliable'.I never had any major problems with it
4) That I was not a good example of someone that works for the company I do (it has a good reputation), as I gave brother my business card with my mobile no on it.
I issued a bought as seen contract - what's my legal position/next steps?
2006-10-26 16:33:33 · 22 answers · asked by Happy S 1 in Cars & Transportation ➔ Buying & Selling
Person to person sale, he signed an as is contract, then it is just that "as is". The car is his now, if you had no problems with the car, it sounds like he is trying to get new parts out of you. You are in the better position and are not in the wrong. If you keep getting harrassed, threaten police intervention or lawyer, if he wants to take you to court, keep that agreement he signed, that is all you need.
2006-10-26 16:39:52 · answer #1 · answered by yugie29 6 · 1⤊ 0⤋
There is no obligation on you what so ever. You are not a car dealer so when a car is bought privately, its a case of buyer beware. NO WARRANTY. The only time that you become liable is when the buyer whilst viewing the car asks you a direct question, ie was the car ever damaged? or has it ever broken down? etc. If you knowingly give a false answer, then this is seen in the eyes of the law as deception. If you decide to contribute to the repairs, this will be out generosity of your own part. Unlucky for the buyer, but the car was ok when you sold it to him. If he wanted a warranty, then he should have bought the car in a garage, and paid over the odds. Therein lies the attaraction of a private sale. Bottom line, you pays your money, you takes your chances.
2006-10-27 03:46:49 · answer #2 · answered by jonjosar 3 · 1⤊ 0⤋
You aren't responsible for anything wrong with the vehicle. The car was inspected by someone the buyer trusted and he found no issues with the car. He drove the vehicle off of your property after paying you for it and signing a sales contract. Then encountered a problem with it a week or so later. You are not liable for any problems found with the vehicle a week later, unless you offered or implied that there was a warranty. I am assuming you sold this car "As is" and therefor the buyer took a chance that the car may have issues. You do not have to take any further steps, just wait for him to make his. If he takes you to court, You are undoubtably going to win. He has no case, he bought a used car, did he expect this car to run as new? If he did, that's his own problem.
DO NOT SEND THE BUYER A LETTER OR E-MAIL APOLOGIZING FOR THE VEHICLE. YOU NEED TO LEAVE THE MATTER ALONE. ONCE YOU START APOLOGIZING OR MAKING EXCUSES, YOU GET YOURSELF IN TO TROUBLE.
2006-10-30 09:55:38 · answer #3 · answered by Scott 1 · 0⤊ 0⤋
If the contract stated that the sale was "as-is" or "as-seen" he has no legal footing to stand on. As long as you did not state (in writing) that you would provide a warranty.
He can complain and imply all he want but he could have had a mechanic do a full inspection prior to the purchase for about $100.
Tell him that you were very surprised when he did not request to take the car to a mechanic and that you would have been more than willing to allow it.
I am not a lawyer but have some experience with contracts. There is typically not any room left for interpretation or assumptions.
2006-10-26 19:50:33 · answer #4 · answered by vinniebagodonuts 2 · 1⤊ 0⤋
If you sold the car as a private individual they have little or no come back on you unless they could prove that the car was not as advertised, the fact you advertised as "reliable" was a bit silly, on the basis that cars tend to be anything but reliable.
He would have to take you to court to get anything though, don't be daft enough to hand over a penny, except maybe sort out the hub caps, which you had implied were correct for the car
2006-10-26 18:10:38 · answer #5 · answered by Martin14th 4 · 1⤊ 0⤋
In the UK, if you are a trader you have responsibilities under the Sale of Goods Act, and the Supply of Goods and Services Act to ensure that anything you sell is "of merchantable quality" and "as described" (although they trader and buyer can agree to a purchase without any warranty, say for the sale of an unprepared trade-in, or a damaged-repaired car).
However, if you are a private seller none of this applies, and it is the buyer's responsibility to inspect the car properly, and make a decision as to whether or not they want to buy it. They have no legal comeback against a private seller - especially as you gave a receipt stating bought as seen.
2006-10-26 21:28:25 · answer #6 · answered by Neil 7 · 1⤊ 0⤋
Sold as seen means just that. As long as he was satisfied it was working as stated when he drove it away any faults it developed since are not your concern.
I'd suggest you send a letter or E-mail to him stating that while you are sorry that the vehicle has not measured up to his expectations, he was clearly happy the vehicle was in the stated condition at the time of purchase and that as no warrenty was given or implied you are not in a position to do anything about his complaint. Cc it to trading standards, most people know this is the case with the sale of used vehicles and when he sees that Trading standards have been informed he'll probably leave the case well alone.
2006-10-28 14:21:38 · answer #7 · answered by Bealzebub 4 · 0⤊ 0⤋
the car was sold as seen
you are not obliged to pay for any repair work the new owner has had done for all you known he could of been changing up and down from 5 to 4 to 5 at too higher road speed or engine speed, if the car was okay when you sold it your in the clear, as for the caps you could replace them as a gesture of good will but as they were not fitted to the car again your in the clear sold as seen they were inspected in the box sold in the box
2006-10-26 23:07:53 · answer #8 · answered by Anonymous · 1⤊ 0⤋
I think it would be fair to refund the money for the hub caps, since the buyer (and you) was under the impression that they fit.
As for the rest of it, the guy's out of luck, and it sounds like he's trying to bully you. He should have driven the car himself before he bought it. How do you know the shifter didn't malfunction until after you sold it? Maybe he drives like a maniac.
Anyone who has bought a used car knows that "caveat emptor" applies - let the buyer beware.
2006-10-26 16:49:23 · answer #9 · answered by picopico 5 · 1⤊ 0⤋
he test drove it and agreed to buy the vehicle, he was pleased with it or he wouldn't have committed to go ahead with the sale, the rubber belt could have gone at any time, but unfortunately it went after you sold the vehicle, did you guarantee the vehicle? you stated all known faults which complies with the law. tell him it was brought as seen, and if he wants to persue it through court tell him your see him there, the law states that when you sell something it must fit for the purpose that it was designed for, he drove the car, he drove it away which fulfills your duty under the sale of goods act.you did not guarantee how long it will work for. l can understand him being pee'd off but in laymans terms he aint got a leg to stand on
2016-03-28 08:51:20 · answer #10 · answered by Donna 4 · 0⤊ 0⤋