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rights when selling a car

M

moss

Hockenheim
Joined
15 Jun 2010
Messages
632
hi all, i sold a car over 2 months ago to a dealer, he has now come back to me stating faults. which where unknown to me a the time, and is asking i pay for the repairs ! ive told him the car was sold as is, with no warranty given as im a private seller, but hes quoting some 1975 law that states i have mis sold him a car ! rich coming from a dealer.. and now hes actually threatening to go legal on me unless i pay up,. Ive bitten my tongue and stated again and again i didn't know of any faults ( i really didn't ) and the car was sold as seen, private sale.. Ive searched and found info that says he hasn't a leg to stand on ans is more than likely just trying it on, bully boy dealer tactics..
can anyone offer any advice on this please ?
thanks in advance :thumb:
 
moss said:
hi all, i sold a car over 2 months ago to a dealer, he has now come back to me stating faults. which where unknown to me a the time, and is asking i pay for the repairs ! ive told him the car was sold as is, with no warranty given as im a private seller, but hes quoting some 1975 law that states i have mis sold him a car ! rich coming from a dealer.. and now hes actually threatening to go legal on me unless i pay up,. Ive bitten my tongue and stated again and again i didn't know of any faults ( i really didn't ) and the car was sold as seen, private sale.. Ive searched and found info that says he hasn't a leg to stand on ans is more than likely just trying it on, bully boy dealer tactics..
can anyone offer any advice on this please ?
thanks in advance :thumb:
Click to expand...

What is the dealer name?
 
moss said:
hi all, i sold a car over 2 months ago to a dealer, he has now come back to me stating faults. which where unknown to me a the time, and is asking i pay for the repairs ! ive told him the car was sold as is, with no warranty given as im a private seller, but hes quoting some 1975 law that states i have mis sold him a car ! rich coming from a dealer.. and now hes actually threatening to go legal on me unless i pay up,. Ive bitten my tongue and stated again and again i didn't know of any faults ( i really didn't ) and the car was sold as seen, private sale.. Ive searched and found info that says he hasn't a leg to stand on ans is more than likely just trying it on, bully boy dealer tactics..
can anyone offer any advice on this please ?
thanks in advance :thumb:
Click to expand...

This dealer sounds like the class clown. So what if you knew of any faults anyway, that is on your conscience but that is what the "dealer" margin is for. They are experienced, in the trade, able to inspect a car should they wish, and the price you received will be poor relative to market and reflective of this. Same as if you sell private to private, no warranties are implied either. Caveat emptor.

BUT the law is obviously a bit trickier to navigate where you have provided any express warranty or assurances as to condition or roadworthiness on the sale, which might alter the situation somewhat..... One does have to be carfeful describing anything as "mint" or "in good condition" or "drives like new" because they can all come back to haunt you.......

If you have any particular concerns about things you may have said verbally or in writing, feel free to PM me....
 
You sold your car to a dealer.

He bought it.

End of story.
 
Perhaps this is what he's referring to.

"The most significant of these is the Sale of Goods Act 1979 (as amended). This gives buyers a remedy (like a refund, replacement or damages) if they are sold goods which are not of satisfactory quality, consistent with their description and fit for purpose.

However, there are many exceptions to the Act, notably:

Auction sales (in most cases)
When the seller is a private individual
Sale of real estate"

I'd be giving him the big on. Who knows what's happened to the car since they've had it.

But for clarity, did you sell a car to him that has since been discovered to have borescore when a new owner did a PPI?

I can't imagine the dealer getting in a rage unless it was a big bill like an engine rebuild.
 
I believe the Consumer Rights Act (2015) is mainly used against car dealers. As a private seller:

There is no legal requirement for a car to be of satisfactory quality or fit for purpose.

But contractual rules about misrepresentation do apply. So, legally, the seller must:

1) accurately describe the second-hand car. For example, an ad must not say 'one owner' when the car has had several
2) not misrepresent the second-hand car, ie tell you something about it which isn't true. For example, if it's been in an accident, the owner mustn't tell you it hasn't.

If you're buying from a private seller, the onus is on you as the buyer to ask all the right questions before making the purchase.

The seller doesn't have to volunteer extra information so, if you don't ask questions, you may not have the full picture of the car's history or be aware of any potential faults.
Click to expand...
 
thanks for reply, no nothing like that, its a cayenne turbo, hes bought, its apparently not showing a engine management light at start up, so hes claiming it should not have passed a mot in april for this, bear in mind he bought it begginning may its now july... and hes starting getting a maybe i removed the bulb ! why would i ? and besides im pretty sure these have soldered leds on the dash, not the old fashioned bulbs, so hes saying i sold him a car thats not fit for the road, ie a mot fail.. which i didnt declare at time of sale .. which i had no idea about.. i do feel hes just trying it on as a dealer who probably wont make the mark up he wanted.. but he states he is going legal on me, so i need to have a reply and be ready i guess... im not paying him a penny.


FZP said:
Perhaps this is what he's referring to.

"The most significant of these is the Sale of Goods Act 1979 (as amended). This gives buyers a remedy (like a refund, replacement or damages) if they are sold goods which are not of satisfactory quality, consistent with their description and fit for purpose.

However, there are many exceptions to the Act, notably:

Auction sales (in most cases)
When the seller is a private individual
Sale of real estate"

I'd be giving him the big on. Who knows what's happened to the car since they've had it.

But for clarity, did you sell a car to him that has since been discovered to have borescore when a new owner did a PPI?

I can't imagine the dealer getting in a rage unless it was a big bill like an engine rebuild.
Click to expand...
 
Email him a link to this thread and the Gmund thread and I am sure you will hear nothing further. :bandit: :thumb:
 
Idiot!

He should know better but he's clearly trying his luck.

If it's been fine for a couple months and the engine light only just came on, what the hell is he smoking thinking he has a leg to stand on.

Tell him to ***** off and get a crystal ball obd2 code reader next time.
 
From what you say, he has absolutely no case against you whatsoever.
I would tell him that any further contact from him will be regarded as harassment that will be reported to the police, then have no further contact with him.
He's trying to bully you into paying. Don't fall for it, and if he says he'll "get legal" just ignore it, because it's an empty threat.
 
The sale of goods act only safeguards consumers, not businesses. Tell him to take a running jump.....
 
Keep evidence of his 'communication" and give him a cease and desist notice under the harassment act, usually works a treat :grin:
 
I wouldn't entertain him, willing seller & willing trade buyer, don't elaborate in protracted emails, the 2-3 months on is too late for a dealer to come back on you.
 
Ask if the letters F O mean anything to them. Seriously - this is a chancer trying to intimidate you into giving them something to which they are not entitled for free.
 
So the car had been working fine for 2 month's, as others have said tell him to 'jog on' :roll:

Who is the dealer?
 
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