Private sale problem! - cubz
Recently sold a car and later that evening got a call to say it had a faulty catalytic converter! I was happy with price I got for car so agreed to pay half of repair cost which was around £300!

Few days letter get another phone call saying that its not cat it's now high and/or low pressure pumps which is £1000 I told them that they were at it and have since had a barrage of abusive calls from them and most recently a letter stating that they would like car repaired or a full refund of 1800 which was purchase price


However they also told me they fixed a few sensors themselfs then relished pump was faulty, I feel as they have been messing about with car I'm not wanting it back and may have possibly done damage to pump themselves!


What are your opinion on this? As not wanting to get taking to court or anymore hassle!
Private sale problem! - injection doc

Private sale sold as seen

Walk away & dont get involved, unless you knew there was a problem sounds like a scam

Private sale problem! - tony g
As injection doc says ,they have no rights under the sale of goods act .Your not obliged to refund any monies or do any repairs .

Buyers who purchase from individuals do so because they want to buy a cheaper car ,they can't expect to pay less and still have a warranty .

If they ring again , tell them you will take it up with your local police as harassment .
Private sale problem! - madf

Agree with tony g.

Caveat emptor applies with private sale. No rules except payment in full = no comeback unless it's stolen/you did not have right to seel it/committed fraud.

Private sale problem! - daveyjp
A common scam. Don't get involved. If they wanted a warranty they should have purchased fom a trader.
Private sale problem! - Cyd

They're lifting your leg, chap. Tell 'em to do one.

Report them to Dibble for harrasment (document all call times and content carefully and get call printouts from your provider).

Private sale problem! - gordonbennet

hmm this thread has made me realise why people use those telesafe numbers on autotrader, think i'll get a spare disposable SIM card for this purpose if i ever sell another car privately outside of the trader.

Private sale problem! - cubz
Everyone tells me there at it and pretty sure they are myself! Just don't want the hassle of small claims court etc! Thing is I spent 500 on car getting it ready for sale!


Thing is I thought they were genuine till it started at 100 then 300 now 1000!


They never even wanted a test drive car or nowt!
Private sale problem! - focussed

No worries about the small claims court-they won't go there because they won't get anywhere if they do.

Private sale problem! - TeeCee

You should have told them to Foxtrot Oscar the first time. Now they think they have you on the hook.

It's like replying to junk email......

Private sale problem! - Andrew-T
They never even wanted a test drive car or nowt!

Ah, maybe Big Mistake. I would suspect any buyer wanting just to hand over readies and drive away. If you take them on a test drive (don't let the buyer drive unless you know what you are doing) they can't easily claim there was a problem with the car afterwards.

Unless there was, of course ... :-)

Private sale problem! - tony g
(They never even wanted a test drive car or nowt!
Ah, maybe Big Mistake. I would suspect any buyer wanting just to hand over readies and drive away. If you take them on a test drive (don't let the buyer drive unless you know what you are doing) they can't easily claim there was a problem with the car afterwards.

Unless there was, of course ... :-) )

The buyer is foolish to have bought a car without a test drive ,other than that it has no relevance to the sale .Its always caveat emptor when buying privately , and possibly when buying from the trade . It's a lot easier to resolve a problem before you pay rather than after .


Private sale problem! - cubz
I offered to take them and let them drive they refused so I drove it around 2 miles and they were happy wi the car! Yet a few days later all the hassle!
Private sale problem! - Andrew-T
I offered to take them and let them drive they refused so I drove it around 2 miles and they were happy wi the car! Yet a few days later all the hassle!

In that case you were being generous in helping out, unless it seemed only reasonable to do so. I think any private-sale receipt for payment should include the magic "sold as seen and approved, without warranty". By now I think your goodwill should have run out.

Private sale problem! - Trilogy

Someone once told me to always write on the receipt of a private sale 'Sold as seen, no warranty implied or given' with both buyer and vendor signing it.

Private sale problem! - madf

Someone once told me to always write on the receipt of a private sale 'Sold as seen, no warranty implied or given' with both buyer and vendor signing it.

What I have always done...

Private sale problem! - Galaxy

Not that I've sold a car privately for years and nor would I, but, in the days when I did used to sell off my cars I always used to add "As seen, tested and approved" to the bottom of the receipt. I'd then sign it and get the buyer to sign it, too.

I've no idea of the legal standing of this phrase, but I used it because I thought it looked good! I originally got hold of it by nicking it off a dealer's receipt I was given at some time.

Private sale problem! - barney100
Abusive? Walk away, plenty of cars out there.
Private sale problem! - tony g
I've got to say that I'm surprised that this post is generating such concern .

It's a simple issue ,you have no rights under soga if you buy a car from a private seller .
The buyer who buys privately only has rights if you sell a car that you don't have clear title to , ie stolen , on finance etc . In addition if the buyer asks a direct question , is the gear box ok ,and you say yes when you know it to be faulty ,the buyer in theory can demand the cost of repair , because you mislead him .

As some forum members know ,I sell cars from home as a declared trader .Ive never suffered the abuse that the op has .perhaps it's because I make it clear to buyers exactly what I am prepared to warranty before they buy the car .
Private sale problem! - Avant

I'm a bit surprised too.

It may help to make it clear what the Sale of Goods Act implies and what it doesn't.

A private seller of goods has to have title to the goods, and also the goods have to correspond to any description given (e.g. in an advert). There was a celebrated case in the 1960s where a car was advertised as a Triumph Herald 1200. That was true of the back half; but it was a cut-and-shut weldng of two damaged cars, and the front half was from a 948 cc Herald.

For a trade seller, in addition to the above, it is also implied that the goods are of satisfactory quality (the meaning of this varies depending on the age and previous use of the goods, and the law upholds that which is reasonable), and that they are fit for the purpose (the normal purpose that one would expect the goods to be used for).

For a private seller to sign, and get the buyer to sign, a statement as suggested above 'as seen, tried and tested' makes sense as it emphasises to the buyer that the seller gives no undertaking as to condition.

Other than that, as Tony says, a buyer can sue a seller if he believes the seller has made a misrepresntation.

Edited by Avant on 23/03/2013 at 23:43