As longs as you can proove that you did not lie when you sold it you will fine.
If I sold my car and a seller said if the clutch is ok if I said yes I've never had a problem with it it would be a clear lie. If they don't ask about the clutch, and I didn't mention it then I have no liability its sold as seen.
Tell them the car was in good mechanical knowledge when you sold it TO THE BEST OF YOUR KNOWLEDGE. The later is important as you cannot be sure the was a fault or not but if you were not aware of the fault is upto to the buyer to find out not you.
You have done nothing wrong.
Edited by rtj70 on 23/12/2008 at 21:23
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Ok - I think you need to try to establish what he wants here.
There is a nasty possibility that he is a con man. He may be trying to get you to pay for a repair which is not needed.
Has he asked you to take the car back or is he looking for a "contribution" ?
Sorry to ask but were you suspicious of a problem looming with the car or is this genuinely surprising ?
If he is looking for some "cashback" and you knew of no problems with the car I would suspect a chancer.
Question is, how do you deal with that. Legally he has not got a leg to stand on but if he is a bad sort he now knows where you live.
If he is possibly genuine or isn't being too cheeky maybe a token gesture of £50 or something would diffuse the situation.
Difficult one. Good luck.
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I've heard of people who sell privately, and then the buyer pops up a week or so later saying the gearbox/clutch/big ends have gone, and it cost me £large to fix. I want £large back from you because you sold me a pup. I'd guess that a lot if not all of these are cons.
In any event, in the case of a true private sale, as already said, there should be no implied warranty except where you have told a blatant lie.
Explain to the buyer that you did not sell the car with any warranty, and that he had the opportunity to examine it before purchase, and refer him to Trading Standards. In the worst cases he'll lean on you, and be unpleasant, which is why many people then give in.
In my opinion giving him a token £50 is asking for it - he'll come back with another sob story and expect £100 next time. Be firm.
Edited by oldnotbold on 23/12/2008 at 19:47
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>>If they don't ask about the clutch, and I didn't mention it then I have no liability its sold as seen.
You would be a cad and a bounder though.
>>maybe a token gesture of £50 or something
As Uncle Matthew would have said, "thin end of the wedge".
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What is the nature of the alleged problem ?
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When my dad bought his car he could not actually test drive it for insurance reasons. The woman who was selling it drove it for a good 30 mins and it all seemed fine. The first time my dad was stuck in traffic the car overheated. We didn;t go knocking on the sellers door, we just changed the theromstat which helped but the real problem is the water pump, a problem a year and a half later we still haven't got fixed as it only runs slightly too hot and is in tolerances.
I could easily sell my car now as the clutch dosn;t slip atm, I would not be happy though knowing the clutch is warn and will need replacing in the next few months so I would never do it.
If you're car has been fine for xx amount of years, then brakes down the second its sold it can either be a horrible coincidence or more likely a scam. The OP should tell them where to go and if they start become threatening get the police involved as it seems the OP has done nothing wrong at all here. If a car sold privately it is up to the buyter to make sure it is fault free not the seller. The only thing the seller has to do is be honest. If you give them £50 now it just wont' stop.
Ask them loads of questions bout the brake down, if they are telling porkeys the story might lack vital detail and you will know they are trying a fast one.
Even if it is genuine as longs as you [op] were sure there was a no fault which could have caused this then I can't see how the OP is liable for anything.
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Don't even enter into correspondence. Firmly and politely say you're very sorry, but you're not a motor trader and have nothing more to say, thank you, goodbye. (Unless you have been dishonest!)
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This close to Christmas with the financial situation I think they are trying to pull a fast one.
I think mapmaker has the correct response. Might be good to spell it out; "I am not a motor trader so am regretfully unable to offer a warranty, or free servicing."
A little sarcasm never hurt anyone.
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Even if it is genuine as longs as you [op] were sure there was a no fault which could have caused this then I can't see how the OP is liable for anything.
Even if there was a fault then how would the OP be liable, unless they were specifically asked about the fault and lied ( which would be difficult to prove anyway)?
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Yeah there is a difference between moral obligations and the law. So if the OP did know it had a fault which could have caused this brake down then this is to be expected, however in this case it really does sound the OP thought he was selling a good genuine car.
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Ive sold many older cars with minor issues, nothing unsafe mind you.
Buyer has opportunity to inspect the car to make sure they know what they are buying and if they dont inspect it, thats their lookout.
I sold a Metro once, H-plate, which had no tax or MOT. The guy asked my if the sills were ok to which I replied 'yes' as they were unusually solid. I didnt offer up the additional info that the rear valance had rusted out and much of the floor needed plating, but then it was £75 car and he didnt ask. Ive always used the phrase 'as far as I know' when answering most questions as sometimes, there is a problem you dont even know about and it is not a responsibility of a private buyer to guarantee a privately sold car.
Once the money has changed hands and receipt/V5 signed, its tough luck to the buyer.
Tell the buyer to get lost, clearly a con artist who preys on the naive.
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the car was in perfect working order when i test drove him - he had already chipped me on the price as well.
He said he filled it with £40 of fuel at the station down the road and nowit starts but then cuts out. I asked him what fuel he put in and he said he think Diesel and said he was going to double check and call me back. I never heard off him again.
If it starts then cuts out sounds like the wrong fuel was put in.
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So he wrecked it by putting petrol in it, and is trying to make you contribute.
If he was certain he had filled it with diesel, he would have said so, and shown you the receipt.
A few years ago, my mother in law sold an old Ford Fiesta for £300. The buyer brought 'his mechanic' around to check that it was ok. It was, so he bought it. A week later the clutch failed (or so he said), and he phoned up to ask for a contribution. She said no. But she did mention that I had serviced the car a few months previously. He then phoned me. Not having made any money from selling it, I certainly wasn't going to give away any.
I think in the end he got the clutch repaired and ran the car until it failed the next MOT.
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He has just called again saying the ECU has gone and the AA are there and said there has been lots of problems with the ECU in the past?? Ive never had any problems or the ECU light come on. He is asking for a refund or money towards the repairs. I have advised that it was sold as seen and worked fine when he test drove it.
I await the next phone call....
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Well he will have to proove the AA is there! I would like to see him try!
I am not a mechanic but although ECUs can suddenly go how would he know its had a lot of problems in the past? ECu fault codes don't store a time and date or do they? When I ever done ECU diagnostics I just got a very basic code which I would then use the user guide to translate.
If he keeps phoning you may you want phone the policeYou have done nothing at all wrong or ilegal and this bloke needs to realise that. In fact ignore any more calls from him, write him a letter telling him the car was sold as seen and as far as you aware it had no faults, then say quote a few laws and say any further contact and you will see your lawyer.
I know its a lot of hassle but its a scam artist he will soon realise his number is up. If he does get threatening phone the police straight away, he may well be known to them.
Don't let this guy intermate you, and try not to let it spoil your Christmas. Did you give him a receipt btw?
At the end of the day this will all get sorted out, but it is a lot of hassle you don't need.
Edited by Rattle on 23/12/2008 at 23:13
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No i didnt give him a receipt. he signed the V5, looked over the car and i test drove him and he was happy. Car was up for £2300 and he said he would give me £1850. He lives in london - im in Birmingham.
His wife has just called saying they are going to tow it home and have it looked at by a garage and if they can prove the date when it went wrong - i.e. before i sold it then they would like some money in compensation.
I think they are trying it on as he kept asking for some more money off for fuel!
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i really do think this is a scam, they care calling me off withheld numbers saying they are distressed etc.
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jbif let us hope the buyer of this Astra does not read this forum. Had the cambelt been changed for example???
Wonder what was paid out on servicing etc before it was sold. He only paid £850 for it. Which as an ex-company car is surprising for most fleets - we keep them for 3-4 years.
Edited by rtj70 on 24/12/2008 at 00:05
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H i actually found the service book - it was in the car but i didnt realise - i thought it was the car manual as its thicker than most service books.
The car has been well maintained and runs well so im surprised that this has happened.
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Sounds like they are trying it on. I hope they paid cash.
Edit... and hope the cash is in the bank. Make sure the V5 doc is sent off ASAP!
Edit 2: It was working wasn't it? 124k miles so the 100k cambelt change had been done for instance? "Ive never had any trouble with the car in the past." apart from the questions you asked on here.
Edited by rtj70 on 24/12/2008 at 00:07
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No the belt had been done at 102k July 2007 - i have proof of this and gave him the bill with the service book.
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So it sounds like someone trying to try it on... best of luck.
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Well as long as this is not the 98 Astra G Diesel that won't start and questions asked on the technical side of the forum ;-)
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That thought came to me too, but unless the car has suddenly aged four years :p:......
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I switched back and forth ;-) I know it's not the same car unless one or the other has the wrong age.
But message go the OP.... we can always delete this thread just in case ;-) The buyer might use the forum???
And Rattle, wrong thread, but I'd be happy to sit in your car to help and advise with your driving... you could sit in mine whilst I drive but you could not drive it (company car).
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No mine was a 2002 and ive never had any problems with it.
I have posted several threads on the forum regarding service history etc and trying to obtain it. I didnt realise that i actually had the service history all along. Im more annoyed about this situation as I know the car runs well and these people are trying to pull a fast one.
Just out of interest he said that the AA had hooked their computer up and found that the ECU had gone. Has the AA got the ability to do this kind of diagnostic check?
He called back this morning saying he is going to take it a garage and have it checked out and will call me after xmas and if he can prove the ECU went when i sold it him he would like 'a few hundred pounds' towards the cost of the car.
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Clearly your buyer doesnt understand the words 'sold as seen' ! Maybe they need a gentle reminder.
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I would tell them, if they ring again, that you have contacted the police and given them their details as you believe they are attempting to blackmail/commit fraud - doesnt have to be true and I would bet they wont phone back.
Just as a note, ALWAYS do a receipt and get that V5 sent off if you havent already.
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Clearly your buyer doesnt understand the words 'sold as seen' !
It's absolutely meaningless.
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he would like 'a few hundred pounds' towards the cost of the car.
He got the car for five hundred less than you wanted anyway.
I would imagine the ECU failure is "digital" - ie it either works or it doesn't. So it work fine when he drove the car away and then it failed. Most electronic failures are catastrophic - ie they are sudden and complete.
If his story is true then I'm sure he's really gutted. But it's just (very) bad luck.
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He got the car for five hundred less than you wanted anyway.
I don't know how much audiA6tdi sold it for, but he was asking £2100 for it here on HJ classifieds.
www.honestjohn.co.uk/forum/post/index.htm?v=e&t=70...4
But in another post he said he sold it for £2200
www.honestjohn.co.uk/forum/post/index.htm?v=e&t=69...5
"I recently brought a 02 plate astra dti off him for £750 and resold for £2200."
On another thread he said
www.honestjohn.co.uk/forum/post/index.htm?t=67887&...e
"ive brought the car for £850 and its a great little runner. I think il get the cambelt done asap! "
If I was the buyer and read this forum I would know that AudiA6tdi
1. bought the car with 127k miles on the clock
2. 2 months ago
3. for £750 or maybe £850 from a "friend" who is his FIL
4. who is a car lease manager,
5. and that technical & general questions were asked regarding this car here.
Why get rid of a car in 2 or 3 months if as in one post it is claimed: "Car in great condition apart from small scratch on side door which hasnt broken the paint and being silver is not very noticable."
www.honestjohn.co.uk/forum/post/index.htm?v=e&t=69...5
indicates that audiA6tdi may be thinking of habitually selling cars privately.
p.s. Is the "1 owner + demo before" correct description for this car?
Edited by jbif on 24/12/2008 at 13:10
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There was the Passat with a water leak as well:
www.honestjohn.co.uk/forum/post/index.htm?t=54157&...e
How does one describe a motor trader?
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the ECU had gone
I wonder whether it's really the ECU - I knew someone who had an Astra, which stopped because no fuel was getting through - something to do with "spill valve" came up on the diagnosis, and referred to the diesel pump ECU, a £500+ component repairable in this case with a soldering iron, inside an hour. Previous symptoms were occasional cutting out and refusal to start first time.
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