Sold my car and the buyer turns up today saying there's something wrong with it!

[jadah2008 10]

i sold ma car on Thursday due to getting another car. the car i sold had 5 month tax and 12 month MOT which was done this year in January and 4 days after buying the car he comes saying lol wait for it the car wont do 50 miles up the hill! lol its a 1 liter how it supposed to 50 miles up a hill it aint no sports car. Then he says the driver shaft has gone and clutch and since having the MOT done i ave not even drove the car as i work in town and catch the bus because parking is a nightmare, but come on if it had its MOT done in January. i am sure it would have failed, he even tested drove the car which he denied, but then when i remembered he test drove it with my brother so i called my brother and then went back on his word. But he can not come back to me can he as i sold the car to him and told him everything i knew? any info on this please where do i stand as he is going bring the car as a mechanic which my family knows was there and told him to bring the car and he will tell him if the clutch has gone or driver shaft but when selling him the car he did say he was going on a long journey, so i am thinking he has caused the problems

[Strix 11]

you should have access to a free legal advice line if not with your car insurance, with your household insurance (and possibly with your breakdown cover), so ask them

 

as far as I know, a private sale is 'buyer beware' so he has no come back on you at all

 

what was he doing trying to thrash it uphill if it's only a 1L?

[fritzthecat 10]

at the end of the day, its a "sold as seen" so he isn't entitled to his money back as its a private sale!!

[jadah2008 10]

that wot my uncle and the mechanic was trying to say to him its only a small car a 1L not a sports car.

[max 13]

caveat emptor old son, caveat emptor.

[RiffRaff 10]

Clutch doesn't come into it as regards the MOT.

Drive shaft, I'm not sure about....

Case of caveat emptor, I would've thought.

[fox20thc 10]

as said previously caveat emptor, sold as seen.

[waxonwaxoff 13]

He is taken the mick, if everything you have said is true. He test drove it and had the chance to check it all before he bought it. Tell him to naff off.

[Panthera 10]

anything could have happened to it in the 4 days he's owned it, if he's been thrashing it up and down the hills of sheffield then what would you expect a poor little 1ltr car to react like!!, the clutch if it has gone is wear and tear, I.E it has to go somtime and as you said he test drove it and agreed it was worth your asking price in effect accepting the car faults and all and who's to say he hasn't burnt the clutch out thrashing the thing up numerous hills to try and notch a over 50mph speed.

 

In the kindest words possible tell him to do one

[moetchampers 10]

Sold as seen' has no basis in law, sale of goods act rights still apply.

Edited February 2, 2009 by moetchampers

[moetchampers 10]

waxonwaxoff Quote " He is taken the mick, if everything you have said is true. He test drove it and had the chance to check it all before he bought it. Tell him to naff off"

 

sold as seen doesnt really exist and if the car isnt fit for its purpose but the op didnt say he had sold it as seen

[sTaGeWaLkEr 10]

Sold as seen' has no basis in law, sale of goods act rights still apply.

 

Legal protection in the used car market is limited. Whilst dealer activities are covered by many laws and regulations, the only rule to which a private seller must adhere is that the car must not be mis-described.

 

As there is rarely a written contract in the private market, the seller could claim to have told the buyer a vehicle's true condition and then it is one person's word against another. The solution is to be as well informed on the vehicle's status and history as possible.

 

He could of course pursue a case in the small claims court - that is his right.