Help - buyer of my car is trying to get money out of me - what's my legal position?

Question

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.

What's my legal position? What should I do next? He has written to me.

Answer 1

Well there's things that you don't mention, but will assume on your behalf. For example, how many cars have you sold "privately" in the past 12 months? If only this one, then, it's buyer beware. He test drove it, and accepted it... even if he hadn't test drove it, it's his loss. The reason for the question above... many states have a limit as to how many cars a person may sell before being considered a dealer, then the law changes, but just a little.

Being that you aren't a mechanic, your discription of the vehicle being "reliable" is a vague interpretation. It would get you from point A to point B... therefore it was reliable. As for the shifting of gears, you did not say that the vehicle was in excellent condition... a used car has it's quirks.
As for you being a good example of your company, all I can say is that you were trying to sell a car that's all. Rest assured that you didn't lie (at least not from you wrote) about the condition of the vehicle.
If you had insisted that they not test drive the car, or lied about it's condition, then I would say shame on you... however a deal is a deal.... what did he expect, to get a new car for the price of a used one? If he did not have enough knowledge about cars, he should have hired someone to go over it for him... being the cheapskate that I assume he is (wants you to pay for half of the repairs), he gets what he paid for. Good Luck!

Answer 2

Hahaha, i like the way everyone on here just says caveat emptor and thinks that that answers the question fully.

As usual in law, one legal principle works for you whilst another may work against you. Now no one here seems to have mentioned misrepresetation.

Caveat emptor works in your favour, the buyer has to beware and cannot complain if in he buys a lemon, but that is tempered by good faith. You, as the seller have to act in good faith. If you have made some kind of representation to him that induced him into entering the contract and this representation was untrue (i.e. a misrepresentation), perhaps that the hubcaps would fit the car etc. then he may come back at you and claim that your misrepresentation demands compensation.

You do not have to lie to make a misrepresentation to him. If you have created circumstances in which you have made the car seem better than it was, this could also be a misrepresentation. Also, the whole of your conversations can be looked at to se if you made a misrepresentation, not just one line at a time, so again, the feeling of the negotiations is important.

Misrepresentations do not have to be inentional, you can make a misrepresentation in three ways, fraudulently, negligently and innocently.

Go to a lawyer and ask for proper advise. You probaby won;t even need to pay, just nip into two or three high street solicitors and say can "i run something by you quickly?". That way you get a range of opinions and quickly. If there is a consensus that there oculd be a prblem, then you'll probably have to start paying for proper legal work, but opinions are usually free.

Also, never trust legal advise from anyone who says "the case of X v. Y'". Ugh!

Answer 3

I wouldn't worry about it at all. You don't say where you are so I presume the USA at this time of the morning (?) - although not necessarily. Here in the UK, if you buy something privately (as opposed to a second hand car lot or trade) you buy "as seen" - also caveat emptor - let the buyer beware.

Basically this means providing you sell in good faith - don't deliberately try to hide a major problem, which you didn't, then there's nothing they can do. Sure they could take a civil action against you but there's little chance they would succeed. You can take advice from a solicitor/lawyer or an advice centre but I'm sure they'd tell you the same thing.

Let's face it, the buyer's brother was sent round and was obviously happy or the other brother wouldn't have come to buy. He had the chance to look it over for himself and decide. Sadly things CAN go wrong with a car, even a new one. That's the chance you take when you buy second hand, right?

As for item 4, how many business people do you know who DON'T give out their business cards? You're entitled to give one to whoever you like but that doesn't mean to say you are representing the Company when you are selling your car and unless you tried to give that impression, which I doubt, then there's nothing they can do about it and it's totally irrelevant IMHO.

So please don't worry, don't pay him and good luck. Leave the ball in HIS court and see what, if anything, he does. Sounds to me as though he's trying it on. :(

Answer 4

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.

Answer 5

He / she can't do anything. You are a private seller - a garage would only give them a months warranty - you are not obliged to offer anything. It seems to me you went out of your way to allow them to check the car over & if the car was 'not reliable' then they are just as much at fault for not noticing. If it was relaible when you sold it & not now then that is just tough. I would ignore the letter - if they turn up on your doorstep then I would tell them straight that it was a private sale & you won't take the car back under any circumstances & if they say they will make trouble for you at work then I would either go to the CAB or police station for a chat about it.

Answer 6

Do they have Lemon Laws there? http://www.lemonlaws.co.uk/ (not sure if Lemon Laws apply to buying privately)

You may want to call -anonymously if possible- this Consumer Direct place and see if they can offer you any free advice. I included info from both sides (buying & selling) to give you a broader perspective.
Consumer Direct: Motor vehicles, Buying a used car - Buying privately: http://www.consumerdirect.gov.uk/goods-service/motor/fs_b02.shtml#4
Consumer Direct: Motor vehicles, Buying a used car - checklist
http://www.consumerdirect.gov.uk/goods-service/motor/fs_b03.shtml
UK Directgov: Advice on selling your vehicle
http://www.direct.gov.uk/Motoring/BuyingAndSellingAVehicle/AdviceOnBuyingAndSellingAVehicle/AdviceOnBuyingAndSellingArticles/fs/en?CONTENT_ID=4022403&chk=VQtWTT
UK Directgov: Advice on buying a vehicle
http://www.direct.gov.uk/Motoring/BuyingAndSellingAVehicle/AdviceOnBuyingAndSellingAVehicle/AdviceOnBuyingAndSellingArticles/fs/en?CONTENT_ID=4022402&chk=ad1xyo

It sounds as though you sold this vehicle in good faith and with a fair description. For all you know this man mistreated the vehicle. It's up to the buyer to be aware of what they are purchasing and they do/did have the option of having someone inspect the vehicle. Perhaps if you still have the receipt for the hubs someone could exchange them for the correct size. If that's not an option, ultimately it was their responsibly to check.

About the cell: He may be negatively focusing on the cell number because of the warnings given to consumers about accepting cell phone numbers (see the advice to buyers sections)

Something to be conscious of: You'll most likely only have negative interactions if you both are of the mindset that the other is trying to cheat you.

Answer 7

As a private trader/seller you have NO LEGAL LIABILITY AT ALL and any threats received should be reported immediately to the Police.
'Caveat emptor' - let the buyer beware. Once he's paid for it, you have no furtehr liability whatsoever.
As a registered trader you have to comply with the Sale of Goods Act, whicjh means the produce has to be 'fit for purpose'. From what you have reported, he would struggle to make a claim even then.

Answer 8

Once you signed the title over then the car is theirs! End of discussion ... Caveat Emptor ...."let the buyer beware".


Under the doctrine of Caveat Emptor, the buyer could not recover from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception was if the seller actively concealed patent defects. The modern trend, however, is one of the Implied Warranty of Fitness that applies only to the sale of new residential housing by a builder-seller and the rule of Caveat Emptor applies to all other sale situations (i.e. homeowner to buyer)

Before statutory law, the buyer had no warranty of the quality of goods. In many jurisdictions, the law now requires that goods must be of "merchantable quality". However, this implied warranty can be difficult to enforce, and may not apply to all products. Hence, buyers are still advised to be cautious.

In addition to the quality of the merchandise, this phrase also applies to the return policy. In most jurisdictions, there is no legal requirement for the vendor to provide a refund or exchange. In many cases, the vendor will not provide a refund but will provide a credit. In the case of software, movies and other copyrighted material many vendors will only do a direct exchange for another copy of the exact same title. Most stores require proof of purchase and impose time limits on exchanges or refunds; however, some larger chain stores will do exchanges or refunds at any time with or without proof of purchase.

This phrase has given rise to many informal variations, such as caveat reader (properly expressed in Latin as caveat lector).

Caveat emptor has also been used by software documentors to entitle their collection of software functioning oddities or stumbling blocks in usage.


Caveat venditor
Caveat venditor is Latin for "let the seller beware".

It is a counter to caveat emptor, and suggests that sellers too can be "taken to the cleaners" in a market transaction. This forces the seller to take responsibility for the product, and discourages sellers from selling products of unreasonable quality.

In the landmark case of MacPherson v. Buick Motor Co. (1916), New York Court Appeals Judge Benjamin N. Cardozo established that privity of duty is no longer required in regards to a lawsuit for product liability against the seller. This case is predominantly regarded as the origin of caveat venditor as it pertains to modern tort law in US.


Popular culture
Caveat Emptor was The Word on the Colbert Report on September 13, 2006 when talking about James Frey's book "A Million Little Pieces," and was translated by Stephen as being Latin for "Tough Titty."

During a narration in the movie Rounders, the main character, Michael McDermott, uses Caveat Emptor as a parallel to Canada Bill Jones' saying, "It's immoral to let a sucker keep his money."

In Stephen King's novel Needful Things, an old man runs a shop with the phrase posted on a sign, which is ignored by the greedy, selfish patrons of the store.

Appears in the lyrics for "Roulette Dares (The Haunt Of)", a song by The Mars Volta on their album De-Loused In The Comatorium. The Lyrics read "Caveat Emptor... to all who enter here."

Answer 9

Hi,

If this was a private sale then consumer protection law does not apply here, ie. Sale of Goods Act 1979.

The buyer may have a case in contract law but it would probably not be worth it and would be unlikely to succeed.

This is a case of buyer beware.

Answer 10

Like the other answers on here. I believe you have nothing to worry about. A buyer comes to look at the car and it is up to them at that time whether they buy it or not. You have not hidden anything from them. It is up to the buyer to check that everything is in order.