Sold car.. after a week buyer contacts asking for refund
- Thread starter wijcc
- Start date
I posted a thread on here a few months back. In summary, a friend sold a car, the buyer kicked up a stink and did actually go through with taking my friend to court.
Court ruled in favour of my friend as he had not been deceitful or lied at any point. It was sold as seen and tested.
Court ruled in favour of my friend as he had not been deceitful or lied at any point. It was sold as seen and tested.
All this shows is how stupid many people often are. It is amazing how many people threaten or allude to court when often they are clueless or are so stupid they lose all objectivity. The 'see you in court' line is up there with 'the cheque's in the post' in its loss of all power. But then again many people in our society often display many psychopathic tendencies, not least believing they are never wrong about anything and that they should be treated as being of higher intellect, when often they are denser than a dense thing covered in dense paper.
![[TW]Fox](/data/man-of-honor/2009.png){kind=avatar}
My dad had a woman take him to court after she knocked him off his bike by trying to go all the way around a roundabout on the left, wouldn't give in, got to court, stood up to defend herself and the first words out of her mouth were 'It's been a while since I read my highway code...'
Needless to say, she wasn't exactly successful in her claims that she wasn't at fault.
Aye, if she wanted it looking over she should have had it checked before the sale.
Tell her to fire up the lawyers.
If she does take it to court replying with smart a$$ answers won't look good.
How was it advertised? Get a copy of the advert and keep it safe in case it's needed - especially if it mentioned the problems. If it goes to court she could claim you never mentioned the issues.
I personally would reply back that you informed her of x, y and z and that she was content to buy and you are unable to accept the vehicle back or assist with the repair costs and that you would be prepared to state that should it go to court. Then ignore any further contact from her.
*to be honest the fact that she listed the problems with the immediate threat of court would get my back up too and would straight away stop me from doing anymore than i had to - stupid bint!*
How was it advertised? Get a copy of the advert and keep it safe in case it's needed - especially if it mentioned the problems. If it goes to court she could claim you never mentioned the issues.
I personally would reply back that you informed her of x, y and z and that she was content to buy and you are unable to accept the vehicle back or assist with the repair costs and that you would be prepared to state that should it go to court. Then ignore any further contact from her.
*to be honest the fact that she listed the problems with the immediate threat of court would get my back up too and would straight away stop me from doing anymore than i had to - stupid bint!*
[TW]Fox;22922036 said:
It is this, not strict caveat emptor. The seller must answer any questions truthfully, but it is up to the buyer to ask the questions. If the buyer asks if it has been (say) crashed, and you say: "no", and it has; then the buyer has comeback. Of course they'd have to prove that you lied. At least on balance of probability, as this would remain a civil matter. If the OP made no false claims in the advert, and answered all questions honestly, then the buyer has no comeback.
I was wondering, when buying a car privately would it be wise and reasonable to take along a simple yes/no questionnaire with generic questions about the car such as "has it ever been involved in an accident" and get the seller to fill it out and sign/date it?
Reasonable idea but it would wind the seller up and have them thinking you are a bit of a numpty
its not that hard to remember a few questions. Most of the time the sellers don’t have a clue anyway so you will learn a lot more from having a good look round and a test drive. I have been asked to sign a slip saying sold as seen when buying a car before. It was cheap so I was happy to do so, but these kind of things usually put people off. If I see a car advert saying sold as seen I will stay well away.
a) i doubt they would sell it to you, thinking they were going to be stitched up
b) a dodgy seller wont sell it given the questionaire
c) if someone was stupid enough to sell it knowing that the car was a rotter, ill cross my fingers for you for when it comes to trying to prove they were dishonest. their answer will be "well im not a professional mechanic, i had no idea that xyz was about to fall out/fail"
the simpler answer is turn up, knowing what youre looking at and getting yourself into, man up and stick by your decision
What the seller thinks of me wouldn't really be any concern of mine. The primary purpose of the questionnaire wouldn't be to remind me of the questions to ask (even though it may help in that regard), the purpose would be for it to act as a record of how it was sold. The buyer could ask all the questions and fill it out him/herself - it's just the signature of the seller that's the important part. It would avoid the he said/she said scenario if things go to court.Reasonable idea but it would wind the seller up and have them thinking you are a bit of a numpty
So ok for the buyer to sign something but not the seller?
Some paranoid people out there I agree!
Isn't that reason enough to do it?
You're right, it would be pointless asking about stuff on it's way out. Non-mechanics like myself will likely just check as many of the consumables and electrics as possible and take the chance on the rest based on a test drive. The questions I would put on the questionnaire would be a little more black and white like the example I gave.
Just trying to think of reasonable ways to help mitigate the risk.
and i really think you should just expect the seller to be dishonest. if they loved the car and were still in the honeymoon period with it, lavishing money on it, they wouldnt be selling it
theyre selling for the usual reasons. they cant afford to run it. they dont like it. its throw a big bill at them. they want cheaper tax. they want mpgzzz.
apart from the owners club people i know, everyone else is completely dishonest when it comes to selling cars. one guy selling a mondeo tcdi what blew black blue and white smoke on start up. same guy sold a dc2 type r which had a non functional cambelt tensioner, the belt was staying timed just by luck. cheap bodged repaired
accept that as normal, accept they are lying to you because they want to sell it. would you buy a swimming pool off me? no, because im not an expert, so why on earth would you buy a car from a complete moron on the street?
theyre selling for the usual reasons. they cant afford to run it. they dont like it. its throw a big bill at them. they want cheaper tax. they want mpgzzz.
apart from the owners club people i know, everyone else is completely dishonest when it comes to selling cars. one guy selling a mondeo tcdi what blew black blue and white smoke on start up. same guy sold a dc2 type r which had a non functional cambelt tensioner, the belt was staying timed just by luck. cheap bodged repaired
accept that as normal, accept they are lying to you because they want to sell it. would you buy a swimming pool off me? no, because im not an expert, so why on earth would you buy a car from a complete moron on the street?
It would if it stops him selling it to you. I wouldn't sell you a car if you turned up and gave me a questionaire to sign even though I'd otherwise be more than happy to answer any questions you might have truthfully or honestly.
It's just a totally weird thing to do and would make me suspicious enough of your motives to decide that, on balance, I'd rather sell the car to somebody else. You'd come across as a potential pain in the neck who will phone me up 6 days later and threaten court because I signed a form saying the entire car was perfect and you later discovered the bulb in the boot light was flickering. Ridiculous, go away, next caller please.
Signing a purchase receipt which says Sold as Seen is standard procedure for a private car sale so its nothing like the same thing.