Buyer contacted me via ad for my car & put forward his car as a possible exchange +£.
He viewed my car, didn't drive it I drove the car with buyer in the passenger seat for around 3miles. We then sat in his car (he drove) the same distance/route and I looked at his car.
He advised the condition of his car and I advised the condition of mine (mentioning the 3 bits that needed attention that I was aware of). I also advised buyer he is more then welcome to do any inspection/checks as I had no service history for my car.
We both agreed a price and he gave me £100 deposit and I wrote out a receipt.
3 days later buyer came in his car, we completed the V5. On his request I wrote him out a reciept; his car + £amount for my car, writing registrations of both cars on receipt & 'sold as seen'. I didn't get a reciept of him.
Buyer has since had an inspection and few more issues have come about that I was not aware of. He now wants to take legal action - where do I stand?
2007-04-28 01:49:23 · 18 answers · asked by Anonymous in Cars & Transportation ➔ Buying & Selling
In the clear
"caveat emptor" is the phrase here it means "buyer beware"
He had full opportunity to inspect your vehicle and did so. I am sure that if he had wanted in independent inspection you would have allowed that, but he didn't.
He accepted it "sold as seen".
If he is not happy let him attempt legal action (do not suggest that to him though because he may construe it as a threat)
If he wants to waste money going to a solicitor to be told he is in the wrong that would be up to him.
.
2007-04-28 01:55:58 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Heres where you stand legally
Since you wrote sold as seen on the receipt, the driver only has any legal recourse if you could legally be considered an expert (such as a mechanic) who might be expected to be aware of any faults, and then you could be justifiably expected to put such faults right.
As a private seller you cannot be judged to be expected to know of all faults a car might have and could not be expected to have been aware of them at the time of the sale. The fact that you have pointed out the faults you were aware of, and offered to allow an inspection will surely stand in your favour in the unlikely event this case does go to court (and I am so sure it wont if it does ill buy you a bottle of scotch).
I recommend that you contact the buyer and point out you were unaware of the faults, and also that you had offered to let him have the inspection done before the sale, and also that his receipt was marked 'sold as seen' therefore absolving you of any further responsibilty. Good luck!
2007-04-29 13:43:33 · answer #2 · answered by vdv_desantnik 6 · 0⤊ 0⤋
You stand in a much sunnier place than he does. You both had the option to have further inspections prior to concluding the deal. Getting the inspection after the deal is closed is like shutting the barn door once the horses have all left.
"Sold as seen," especially on a private sale, is pretty much final and absolute. Unless he can prove outright fraud on your part or if you weren't the legal keeper of your motor, he's stuck with the deal "As Done."
2007-04-28 10:01:28 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Being that you disclosed all known problems at time of sale and did indicate on the receipt that both cars were 'sold as seen' does protect you. You say you also gave him the opportunity to drive the car and take it for inspections, both of which he did not do, shows that you were not trying to hide any problems.
It doesn't seem like he has a legit. case against you. Good luck!
2007-04-28 09:01:38 · answer #4 · answered by bownanza 1 · 1⤊ 0⤋
A car is sold "as is". You told him he could take the car to a mechanic if he wanted to. You didn't hide anything, that you knew of, so you are fine. This guy can threaten, but he will lose. I do wonder why you gave him a receipt, but he didn't give you one. Won't you have trouble transferring title into your name, and how will you prove that both cars were of equal value? If you trade a lowered valued car, for a higher valued car, you will likely have taxes due. Contact the tax treasurer for info.
2007-04-28 13:27:08 · answer #5 · answered by fisherwoman 6 · 0⤊ 0⤋
You're bullet-proof, IMO. You gave him the option of having the car inspected, you told him of all the defects you knew about, and above all, he inspected the car himself and agreed to buy it from you. You didn't try to fleece him, so it's "caveat emptor".
Of course, there's nothing to stop him from suing you, but I don't think any court would be sympathetic towards him, for all the above reasons.
As an act of goodwill, you might consider putting the other defects right, if they're not too expensive, but I don't think you have to.
2007-04-28 09:06:52 · answer #6 · answered by Anonymous · 1⤊ 0⤋
You're perfectly safe. car was bought as seen and tested. He should have had it inspected BEFORE paying the money. His loss. If he's too tight to pay the AA £50 to look at it first then he's just trying to frighten you. The legal phrase is "caveat emptor" or buyer beware.
2007-04-28 08:53:54 · answer #7 · answered by The Transporter 5 · 5⤊ 0⤋
sold as seen means sold as seen
no warranty given or implied would make it clearer but he doesn't have a legal leg to stand on
only vehicle traders are legally obliged by law to warranty vehicles they sell
assuming you are in U.K. that's how the law works here
talk to trading standards if you need advise or your local citizens advice centre are well worth talking to take all details with you and they are very good at what they do.
hope this helps
2007-04-29 10:45:20 · answer #8 · answered by saint 3 · 0⤊ 0⤋
As long as the receipt said sold as seen you are covered
Don't panic he is just pissed that it's gonna cost a bit to repair.
He is at fault for not geting it checked over by the aa or rac.
2007-04-29 09:39:57 · answer #9 · answered by haysi0 2 · 0⤊ 0⤋
In my opinion you are in the clear, a private sale as far as I am aware is let the buyer beware or as you said sold as seen
2007-04-28 08:55:57 · answer #10 · answered by barn owl 5 · 2⤊ 0⤋