I've sold my car privately and am now having issues with the buyer?

Question

I sold my 10 year old Rover last weekend, 5 hours later she rang me to say the car had broken down and was going into a garage, but they thought it was the head gasket that had blown.

After a week I hadnt heard from her and then out of the blue over the weekend, I get a call saying her friend replaced the head gasket and now the engine has completely had it. She then went on to say she wanted her money back, I told her no because I cant be held responsible for something that she could have done by driving it and also it was my belief that a head gasket could go at anytime and could even have caused the engine damage.

She didnt get anyone to check over it when she bought it and the car was driving fine, it had had an MOT the week before and had never broken down since we've had it (from new, it was kept in the family). The only problem was with one of the windows, which I told her about.

Anyway now i'm wondering what rights I have? As she is threatening legal action.

I didnt give her a receipt because as far as I was concerned there was nothing wrong with the car, i'd never sold a car before and didnt even think to give a receipt. I gave her an opportunity to look at the car and she took it for a spin and then looked under the bonnet, although it was clear she didnt know what she was looking at. I do feel bad but I dont think its my fault, because if she doesnt know anything about cars she should bring someone with her, which i wouldnt have had a problem with because i had nothing to hide.

I banked the money and then sent the V5 form off, so she should have the log book back soon. Basically, I sent the V5 off about an hour after she drove the car off, it did seem dodgy because she reckons she had the car 20 mins when it broke down but she didnt contact me until 21:00, actually it was a member of her family who contacted me. It didnt have any signs of breaking down, no leaks, no noises, everything was checked before she came to view it, no funny smells, which is why it seemed so strange that it had broken down. I would never have sold it if i'd suspected it would break down or had any faults with it. I am also in the UK by the way.

Answer 1

she has to prove you sold it to her knowing it had this fault. she bought it as seen so it is her problem not yours.

Answer 2

this is not answer I don't know where to ask this question I sold a 2002 ford escort today the buyer was very happy to buy test drove said he wanted it, he gave a 100 dollar deposit and said he would pay the balance the next day. I accepted the 100 wrote out a slip saying he was giving that and would pay the balance the next day. the day he comes with his wife who actually doesn't like the car he buys it any way. I sign the back of the title where it says sellers signature, I then go to put his name as the buyer, he states I will do the rest later. no buyers name was written nor anything else my name as the seller I told him he could take it where I got inspected to get it done he's gone about an hour then calls me and says he doesn't want the and wants his money back. I already canceled my insurance took the add out of the paper. My question is do I have to give his money back if I didn't put his name on the back of the title as buyer. I suspect the inspection place sells car also, I believe they told him get his money back they would sell him a much better car. again do I have to givet his money back . He gave me the money took the car and the only I did was sign the title as the seller.

Answer 3

2

Answer 4

If on the Bill of Sale you specified "As Is" then the buyer pretty well agreed to take the vehicle as it sat. Their mistake if they failed to take it to a certified mechanic before buying it.

You could in good faith offer to pay for some of the repairs...but with the above in place, you certainly wouldn't have to...and they really wouldn't be able to sue you. I think that is just an empty threat.

Get all of your receipts and maintenance records (if you have them) for the vehicle...this is proof that you have kept it in good mechanical condition and if you have Safety inspection papers...dig those out to.

Did the vehicle sound like there was a knocking sound under the hood? Was it blowing white smoke out the tail pipe? Was it overheating? When hood was open was there a sort of sweet smell coming from the engine? A number of ways to determine if the vehicle was having problems...with the above in place driving it for too long will damage the motor in some cases when oil and coolant mix together. If they had to drive for 5 hours and the problem was already evident when they purchased...it could very well have worsened the situation and need repair right away.

A head gasket gives signs before blowing so you or they should have noticed these....if they did, they were rather stupid to push the vehicle. As is...they should never have bought it if they thought there were problems. Depending on mechanic, they could be dealing with a 'rip off' service center that isn't diagnosing the real problem but instead is making it out that there is total damage to the engine for a quick $1500 or more ching-ching in his pocket. Especially if these people know little to nothing about vehicles.

Buyer beware...and always check before laying down cash...not your fault if they didn't and they agreed to taking it As Is.

Good luck

Answer 5

I would dismiss it if I were you. This is a private sale and they say it's a case of Buyer beware - not that I'm saying you sold a dodgy car to her. As far as the law is concerned she inspected the vehicle and bought the vehicle from you. You were not in a position to guarantee how long the car would keep running for, you do not know how it was driven after you sold it. The head gasket can go at anytime but as you were no longer the legal keeper of the vehicle you are not liable for it. As for her friend replacing the head gasket there is no way you can say whether it was done properly, and her friend replacing the head gasket is different from it going into a garage.
The laws regarding the sale of vehicles only applies to cars sold by Dealers or Traders.

Answer 6

I would try to get her email and correspond through email so you have proof of your conversations and I would ask her to have the the mechanic prove that the head gasket was going. How could you have known?? In most states when you sell a car it is sold 'as is', so she should have known that and before you ever buy a used car you should do your research and take it to a mechanic, which she didn't. Check to see if you state has a lemon law. If not, she is SOL. Also, if she can't prove anything, you are not going to be held liable. If you were upfront about everything, you have nothing to worry about! Just do some research about the laws in your state, you could check you states DMV website, they usually have good advice. Let her take you to court, she probably won't win, depending on your state's laws. Hope all works out in the end for you!

Answer 7

In most places the deal is "buyer beware" So if the guy didn't get a mechanic to check it before he bought it, that's his problem. You are not a mechanic or a dealer and cannot be expected to know a problem could be coming with the engine. They'd have to prove you deliberately misled him and knew about a pre-exisitng problem. The burden of proof is his. The lawyer is a scare tactic, I'd ignore it. Oh, and now that he has lawyered up on you? Don't talk to him anymore. No phone calls, no emails. Say NOTHING else.

Answer 8

If you sold it privately, she has no legal right to force you to provide a refund. The sale of vehicles in a private arena is conducted as 'sold as seen' - this is the standard procedure.

It is unfortunate for her that it has broken down, and I think you can show some sympathy for her situation, as it must be very frustrating. But as you say, she bought the car in the condition that she could see it in, and as soon as the papers were exchanged, the car became her property, and thus, her problem!

Don't worry - she has no case against you, especially if you had it MOTed the week before you sold it.

Good luck, don't panic!

Answer 9

Hopefully, you gave her a bill of sale clearly marked "sold as is"! If not, it's anyone's guess since states have their own regulations regarding the sale of vehicles.( If you intentionally misrepresented a problem head gasket)......... I would tend to think if she took the vehicle and a head gasket problem existed, she would have been in contact with you within 10 minutes of leaving the sale sight! It doesn't take 5 hours by any means! Then you also have the fact if she stopped immmediately when the guage began to climb toward the "hot" zone, damage would not have occured to the entire engine as she has claimed. She ran the vehicle home, knowing it was running HOT, which caused extensive damage to the ENTIRE engine!
I would tell her to get lost and if she pursues the action, counter sue her for malicious prosecution! Bring your mechanic to testify exactly what I'm telling you! Keep in mind, the laws in your favor! It's a "buyer beware" situation when buying a used vehicle privately!

Answer 10

After you gave her the keys, she drove off with no problem. Anything that happens thereafter is not your concern.

Be polite but firm, and tell her you do not assume any responsibility.

She may threaten legal action, but that's probably just to frighten you. Even if she went ahead, she's very unlikely to win.

If she wanted some sort of guarantee, she should have bought from a dealer.

By the way, anyone who buys a 10 year old Rover must be soft in the head in the first place.

Answer 11

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