Help! Car Sale - buyer wants money? I'm worried I am going to be in trouble?
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?
Answers:
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.
Can't you just exchange the caps? Or give him the few dollars it takes to get new caps
You sold it "as bought as seen". in writing. do not worry then, they will lose in court.
Well, there are a number of "implications" here. Sounds to me like the buyer is having "buyer's remorse" for whatever reason and is grasping at straws, possibly setting you up for the "lemon law" argument.
You should NOT have used your company business card during a personal transaction. You could offer the buyer his money back and hope that you can find someone else who is more honest to buy your car. Do not give him any money for the repairs he says he needs. Give the money for the car back and be done with it.
You aren't a car dealership and sold it as is. It was up to them to take it for inspection before purchase. It's a done deal, you are not legally liable if your contract says it's as is.
Tell him the closest petal to the wall is for pushing all the way down no speed shifting and remind him it is not an automatic, and the pedal closet to wall is a clutch.
Keep your reputation and bring it in for evaluation with a transmission specialist.
Just the Facts mam
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.
Bought as seen, not much else needs to be said, hell his brother look it over very carefully so he should be upset with him, not you
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
any second hand car is sold as seen regardless of them having it for 1 minuet or 1 week once they have taken posation it is there problem
you are not a gararge so you did not give them a warrenty
so dont worry thay are just being bullys.
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.
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.
Well done on making a bought as seen contract, most people wouldn't even bother with this but the fact you did and he signed it really gives him 0 room to bargain with you.
Bit stupid throwing in trims that didn't fit? why didn't you take them back and swap them for some that did, advertising a car as reliable is also a debatable tactic as was giving him your business card (presumably to impress him?).
All these points hes trying to bully you into giving him money his brother should have found on his test drives, its a con tell him to sue you if he wants a penny. my bet is he's trying it on and won't even bother ringing a solicitor so long as you have that contract.
Dont worry, Buyers always complain and if they complain that means they are smart and wanted to takeout more cash from you, i am facing same problem with my car i didn't have any problem before but after this cold started my gear dosent move smoothly from 2nt to 1st
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
used cares are usually sold as is so you dont have to worry especially if you let them check it out first he dosent have a leg to stand on when i sell a old car i always type up a bill of sale and state on it sold in as is condition
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.
Its a done deal! bought as sean means exactly that!
Don't worry about it! He hasn't a leg to stand on and you're not in the wrong. It was sold as seen and I assume you're not a mechanic so why should you know of any impending 'problems'.
If he persists on calling you, inform that you will contact the Police for harassment.
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.
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.
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