Sold a car, air con stops working on the way home - GavoTheSane

So I sold a car yesterday (28th May), I'm a private seller, the buyer test drove it thoroughly, bought it, took it away, signed the reciept which states sold as seen, and on the way home (around a 200 mile trip) they text me that the air con stopped working within an hour of them taking it away. They've had a company look at it, and it could be the condensor, which is an expensive job.

They're asking me for compensation to get it fixed. where legally do I stand? They're stating they're taking legal advice, and that they can't be 100% sure that the air con ever was working, even though yesterday it was one of the hottest days of the year.

Sold a car, air con stops working on the way home - Happy Blue!

You are a private seller and therefore as long as you did not lie during the sales process they have no claim over you at all. As you say, if the air-con was working during the test drive, then its simply unfortunate that it failed on the drive home.

Sold a car, air con stops working on the way home - ChannelZ

They're asking me for compensation to get it fixed. where legally do I stand? They're stating they're taking legal advice,

When they do, they'll realise they've wasted their money on getting a solicitor to tell them they haven't got a leg to stand on. Sold as seen, tough titties, etc, etc.

Sold a car, air con stops working on the way home - tony g
Legally they can't make a claim , I wonder if there really is a problem with the air con ,perhaps they're trying for an extra discount .

Regards

Tony g
Sold a car, air con stops working on the way home - daveyjp
A scam which rears its head a few times a year on various websites. Buy a car privately, major "failure", kick up stink hoping for a refund of some sort.

If they want a warranty they pay extra and go to a dealer, tell them caveat emptor applies in a private sale.
Sold a car, air con stops working on the way home - GavoTheSane

Well, they're taking it to a solicitor now, saying I misdescribed the vehicle. The only part in the ad that talked about aircon was stating it had 'automatic climate control', and that the 'car is in great condition'.

I don't know how that's misdescribing it when the aircon was working when they left.

Sold a car, air con stops working on the way home - tony g
(Well, they're taking it to a solicitor now, saying I misdescribed the vehicle. )

It's bluff and bluster ,any solicitor will tell them that buying privately doesn't entitle you to a warranty .

Tell them that you have stated your case , that if they contact you again you will consider it harrasment ,and make a complaint to your local police station .

The police won't be interested , however the threat of police involvement will deter muppets like these .

Regards

Tony g

Sold a car, air con stops working on the way home - Armitage Shanks {p}

Or tell them you will be consuting your solicitor, which they WILL beleieve, and will never know if you don't. They will shut up after a while, they have no case and they know it. It seems to me that the car was "as described" at the moment they took it away from you.

Sold a car, air con stops working on the way home - SlidingPillar

Also worth pointing out that air con condenser failure can often be an exemption even when covered by a manufacturer warrenty. Reason usually cited is "you've holed it" so it's wear and tear..

Sold a car, air con stops working on the way home - Hamsafar

The condenser is the ~50x70cm aluminium radiator that sits behind the front grille and in front of the coolant radiator.

They are somewhat prone to damage from road debris just as windscreens are.

With this in mind, and with the fact that the vehicle was tested by the the buyer prior to purchase, then a Judge is highly unlikely to find in his favour.

For the buyer it is just bad luck, or bad judgment and they have no recourse through the courts.

Edited by Hamsafar on 30/05/2012 at 11:38

Sold a car, air con stops working on the way home - Andy P

For a private sale:

from DirectGov:

If you buy a car from a private seller or at a car auction for traders, you have fewer rights. The car only has to:

  • match the description given by the seller
  • be theirs to sell, eg the car isn't stolen or owned by a finance company because the car loan hasn't been paid off

From Which? magazine

If you buy a second hand car from a private seller you have fewer rights than if you buy from a dealer. Key parts of the Sale of Goods Act don’t apply – there is no legal requirement that a car is of satisfactory quality or fit for its purpose.

However, legally, the seller must:

  • accurately describe the second hand car (for example, an advert must not say ‘one owner’, when the car has had several)
  • not misrepresent the second hand car (tell you something about the car which isn’t true – so, for example, if you ask whether the car has ever been in an accident, the owner must answer truthfully)

So they haven't got a leg to stand on.

Sold a car, air con stops working on the way home - 1litregolfeater

"where legally do I stand?"

on firm ground, with two fingers raised in a salute.

Sold a car, air con stops working on the way home - GavoTheSane

Update

They've taken the car to Honda who have stated the air con compressor clutch field coil has failed. It's £500 or so for Honda to fix it, I've been sent scanned copies of the quote for work and the diagnostics report.

The buyer has refused to get quotes from any independent garages, which obviously would be cheaper. I don't see why I should pay main dealer prices, or anything at all to be honest.

It's a random failure that could have happened at any time according to the air con specialists I've just rung. There's no way to 'bodge' it to work temporarily as it's all electronically controlled. Looks like it was just one of those things.

Sold a car, air con stops working on the way home - Armitage Shanks {p}

You don't have to pay ANY prices. It is very unfortunate and you would be brassed off if this had happened to you but it is the way the law works. If you establish a precedent by doing the "Decent Thing" by contributing anything the the A/C problem what will be your position when/if the gearbox fails? Tough it out - you are in the right.

Sold a car, air con stops working on the way home - madf

Record all converstaions etc.. and if they harass you, threaten to sue... (I am serious). Private sellers price cheaper than garages due to the lack of warranty.

As you have a signed declaration of "sold as seen" and the car was working when sold, tough luck.

Sold a car, air con stops working on the way home - GavoTheSane

Most of my correspondence is by email, which is a legal document.

Sold a car, air con stops working on the way home - bathtub tom

>>They've taken the car to Honda

Was the car you sold a Honda?

You appear to have advertised a Focus recently. Perhaps the buyer thought you were a dealer, in which case they may have some claim.

How long did you have the car and how many have you sold recently?

Sold a car, air con stops working on the way home - GavoTheSane

>>They've taken the car to Honda

Was the car you sold a Honda?

You appear to have advertised a Focus recently. Perhaps the buyer thought you were a dealer, in which case they may have some claim.

How long did you have the car and how many have you sold recently?

The car was a Honda yes, I had the car 2 years, the focus we had for 7 months, those are the only cars I've sold recently.

Sold a car, air con stops working on the way home - Bobbin Threadbare

Do not be pressured into coughing up anything!!! You are not liable!

Sold a car, air con stops working on the way home - piston power

If he had a blow out on the way home and crashed would that make it your fault? No of course not and neither is this you have no idea if he broke it or was playing with it.

Stand firm tell them no payment let them take you to court it's £175 for the court time and it's not in a judge and jury courtroom it's in a small room with a judge and 8 chairs.!!

If he see's you flumuxing he will carry on for you to cough up again stand firm, it's not your fault.

Sold a car, air con stops working on the way home - Doc

If I were in your position, I would end all correspondence after telling him that you are unable to assist him any further.

Let him take you to court ( I don't think he will)

He would lose.

Sold a car, air con stops working on the way home - Avant

"They've taken the car to Honda who have stated the air con compressor clutch field coil has failed. It's £500 or so for Honda to fix it, I've been sent scanned copies of the quote for work and the diagnostics report. "

No they haven't. Honda is the manufacturer and doesn't do repairs. If that's what this idiot told you it proves that he's trying it on. As others have said above you have NO liability for the car's condition if this was your private car - no matter whether the buyer has genuinely had a problem or is trying on a well-known scam.

Sold a car, air con stops working on the way home - bonzo dog

Honda is the manufacturer and doesn't do repairs

But isn't this what most people say on this forum. "Toyota said this ..... Land Rover failed to do that ..... Citroen missed doing .....etc"

Quite why the concept of franchises is beyond the understanding of the majority of the GBP is beyond me ...err ....actually, no it isn't!

Edited by bonzo dog on 02/06/2012 at 10:19

Sold a car, air con stops working on the way home - GavoTheSane

There definitely was a problem as i phoned the honda dealership he took it to (he sent me the invoice, however I used yell to find their number) and confirmed it.

Sold a car, air con stops working on the way home - Armitage Shanks {p}

IMO you are most unwise to show this much interest in something for which you are not responsible, as virtually every post here has told you. Now you are ringing the dealer, getting invoices from the buyer (if I understand you correctly) The whole thing is closed, unless you want it opened up which might be to your disadvantage

Sold a car, air con stops working on the way home - skidpan

Totally lost here. You asked for advice and it was given i.e. not your problem, ignore him.

You have ignored that advice and continued to maintain contact and have even gone as far as contacting the repairing dealer.

Why the garage have given you any info is beyond my understanding, you have no right to that info since the buyer of thte car paid the bill and owns the car.

Either give the buyer the money he wants or take the good advice given, either way stop wasting peoples time.

Sold a car, air con stops working on the way home - GavoTheSane

Well I've learned a lesson for the next time this happens.

As for wasting people's time, you chose to answer this thread.

The issue has now been resolved, so I will no longer comment on this thread.

Sold a car, air con stops working on the way home - Armitage Shanks {p}

As for wasting people's time you chose to ignore the legally correct comment and common-sense advice you asked for and got. Who has wasted whose time?

Sold a car, air con stops working on the way home - Fake Elvis
So what has happened then, have you the buyer where to go?

Edited by Fake Elvis on 03/06/2012 at 11:46

Sold a car, air con stops working on the way home - madf

Ungrateful wrtech to ask for advice, ignore it and not tell us the result..

No doubt a troll.

Sold a car, air con stops working on the way home - unthrottled

This thread turned nasty very suddenly. Normally peopled are pleased when they are told what they want to hear!

Sold a car, air con stops working on the way home - Rumfitt

Just to keep this topic going, something similar happened to me last year.

I sold a Seat Alhambra via AutoTrader and thought I'd do the decent thing by booking it in for an MOT and some mini repairs. I tried to keep costs down by supplying an ABS brake sensor and secondhand rear windscreen wiper motor as I'd already priced it cheaply (in fact the cheapest) and put a year's road tax on it.

The garage broke my the supplied ABS sesnsor refitting it, and the fault with the rear wiper was the connections, so it took an extra two days. And they lost one of my new wheel trims. Finally got it back less than half an hour before a chap came to view...

Got a larger than expected garage bill too! Anyway, the chap arrived with family in tow - the car was for the chap's young daughter and despite me insiting, he didn't even drive the car.

The car was recently serviced, had a year's MOT, taxed, polished and looked lovely. I'd got three keys, full service history and it drove very well. I knocked even more money off (£200) as I liked the daughter and wanted her to have some money back for maintenance and fuel.

A week later the buyer rang and said he'd put it into a garage and they'd said it was a death trap! He'd been to Trading Standards and was going to get them to take me to court unless I forked out for the repairs. he was vague on the exact repairs, but seem to suggest it was to do with the fuel injectors = probably about £500 of work according to his garage. It was a death trap because his daughter was left unexpectedly stranded with her baby and couldn't restart the car...

I explained that I had had the car inspected and tested, and the only advisory was that one of the tyres was near the limit and worn unevenly - this was one of the reasons I didn't mind knocking money off for the sale. I suspected the air con system had a leak, but had topped it up myself.

In the end I maintained contact with the chap and offered to sell a few car bits and bobs on eBay to put towards the repair. Unfortunately the parts failed to sell (despite starting at 99p!) and I never got in touch with the chap again.

I've bought and sold lots of used cars and they've all had or developed faults soon after purchase - sometimes that's the reason a cheeky offer is accepted, as the seller knows the car's not 'retail' condition. I bought a Seat Ibiza 1.2 recently and it had an oil leak, mayonnaise on the filler cap, faulty O2 sensor, cracked light and scrapes. I even bought it in the dark. Then again, it was only £800, and I fixed all the faults myself for less than £100.

Most buyers are just to busy to continue the fight. I was diddled by a dealer that taxed a car and the cheque bounced, leaving me to pay again for the tax. I tried emailing him, visiting him and ringing him constantly, but there was always an excuse and it took up too much of my time in the end.

The lessons I should learn are that you should take along an expert or methodically go through a printed checklist to ensure you've not missed out checking something. I try and gen up on user forums on the likely issues with a particular car. Also, I ask to plug in my error code reader which gives me another source of info on the vehicle.

Lastly, I try and keep a decent fighting fund to lavish care and maintenance on a car, rather than buy up to the limit.

Sold a car, air con stops working on the way home - Avant

We need to emphasise, for the sake of the OP and others who may be thinking of selling a car, that this is one of the oldest tricks in the book. The buyer presumes (rightly in too many cases) ignorance of the Sale of Goods Act as applied to private sellers, and tries it on with the seller as above.

Once again, the Act says that the implied terms of a private sale of goods are that:

- the goods belong to him / her (e.g. are not on HP)

- the goods are as descfibed in any advertisement (e.g. a VW Golf GTI is just that, not a 1.4 tarted up to look like a GTI).

The private seller (unlike a trade seller) does NOT make any implied warranty about the condition or fitness for purpose of the goods.

Edited by Avant on 03/06/2012 at 19:33

Sold a car, air con stops working on the way home - bathtub tom

The OP admits he's sold two cars very recently. How many do you have to sell over what period of time to be classed as a dealer?

Sold a car, air con stops working on the way home - Armitage Shanks {p}

I have looked on the net and can't find anything clearcut. HMRC must have some definition but I can't find it. PistonHead opinions range from selling 5 cars a year thru to 12 and others say if you you buy 1 car with the intention of selling it on for a profit, particularly if you do not do a change of ownership on the V5, then youwould be a trader on the basis of one transaction