Unroadworthy Car - Court Proceedings

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Joined
8 Apr 2007
Posts
139
Hi all,

I have a dilemma,

I recently sold my car privately using a well known site, I advertised it correctly and gave a correct description.

I advertised the car for under £1,000 which was less than what they generally go for as I just wanted the money after buying a new vehicle.

So I have this 1 person come around to look at the car first time, I let them drive it and do what ever they feel is necessary and they liked it but said they would come back.

Next time the person comes back with a mechanic this time, I give them the keys and let him go and drive the car and look around, the mechanic says the brakes are not great, I never had a problem with the brakes when I drove it, I mean its not going to brake like a brand new car but they did there duty and stopped the car accordingly then they left again and said they would be in touch.

So they come back for a third time, had another look and decided to buy the car and wanted money off because they wanted to get the brakes done so I reduced the amount by £100.

Few days later I received a formal letter from the buyer wanting me to refund them the full amount or pay to repair the car for faults I never encountered when owning the car. The buyer had taken the car to there mechanic and he found a list of things which needed doing and said the car is unroadworthy.

Now I am no mechanic but when I was driving the car it was a really nice car, it was smooth and there was no noises and I have never had a problem with it, the car was MOT'd 2 months prior to the sale as well with no faults.

So I guess I am just looking for advise as I don't really know what to do or where I stand.
 
What were the faults, and what were the faults that deemed it un-roadworthy. I'd contact a lawyer really or do some research yourself.
 
Private sale - sold as seen. You can politely ignore any requests for reimbursement.
 
Tell him to take a hike, private sale, sold as seen, he had THREE opportunities to inspect the vehicle prior to purchase and it's his problem now.
 
Sold as seen. As long as you didn't lie, he doesn't have much recourse afaik. It's a risk buying privately, which is reflected in the lower prices and some people's reluctance to do so.
 
I always thought a private sale is sold as seen, he had more than enough opportunity to inspect before paying for it and agreed a price based on his assessment of the condition when he paid it.
 
A car still has to be roadworthy if it left on the road driving. But these guys are right, if they're not taking you to small claims ignore them
 
Even if it went to small claims the buyer had a mechanic check the car out before he bought it and negotiated a £100 reduction in price for the condition. He has no further claim to anything.
 
People like this make my bloody boil.

I have only ever sold one car, and it put me off for life! Buyer making out the car had been involved in a crash and all sorts.

Just ignore, it was sold as seen. You weren't aware of any faults and it was MOT'd 2 months previous.
 
A car still has to be roadworthy if it left on the road driving. But these guys are right, if they're not taking you to small claims ignore them

It doesn't have to be roadworthy to be sold though. If it has an MOT certificate and the sill has since rusted away, as long as the buyer is unaware or points it out, it can be sold. It's up to the buyer to ensure it's in the condition described and any other faults are identified.
 
The faults which the buyer quoted were;

Sills Corroded

Issues with front discs and pads and possibly callipers in which they negotiated £100 deduction but I never had any problems with the brakes anyway so I dont know how this has came out the wood work suddenly.

front break sticking on

1 Shock Absorber leaking, I never had any leaks on the drive?

Rear Brakes Pipes Corroded
 
Sold as seen, or is he really trying to say his mechanic friend couldn't check the sills before he paid for the car? If the shocks need replacing thats another easy roadside test and you knocked £100 off cos he said the brakes needed looking at. Tell him to jog on.
 
If they bought the car and their mechanic couldn't spot rusty sills then he should not be a mechanic. Also wouldn't a caliper sticking make it pull to one side?

Buyer is a moron or trying to shaft you.
 
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