Unroadworthy Car - Court Proceedings

When selling a car always write out a receipt stating "SOLD AS IS AND AS SEEN WITH NO RETURN OR GUARANTEE IMPLIED" or words like that. Signed by both parties.

I know its too late now for this one but going forward do this, then you both know exactly where you stand and there can be no problems down the line.
 
Thanks for the advice guys, if the buyer does take it further I will update as they did say they are willing to take it to the small claims court, so we will see.

For now I will ignore there demands.
 
If they actually take you to the small claims court, do not ignore it as you will need to deal with it to ensure you don't lose.
 
Assuming you did not lie or misrepresent the car then tell them politely to shove it up their own exhaust pipe. Let them take you to court. It was sold as seen and he viewed it three times along with an alleged mechanic. He had ample opportunity to check for all faults and undertake further tests if he wanted. He will get laughed out of court. But as mentioned above, make sure you do attend so that you don't get a default judgement against you for not submitting a defense.

So as long as you did not cover anything up, misrepresent anything, or lie, then letting him take you to court should be an entertaining day. If he really wanted a fault free car with a guarantee that he can get money back or repairs made, then he should have paid more to buy from a dealer where he gets some limited protection.

** Unless he can demonstrate that you are a dealer of course. e.g. if you have sold multiple cars in a short time then it could be argued that you are a dealer and so protection would apply.
 
If he is likely to take it to court, whilst still fresh in your memory, it would be worth noting things down like the dates he viewed the car, approx. length of test drives etc. so if you ever do end up in court, you can happily reel it all off by precise dates and times not just 'umm well he looked at it once and then again about a week later and again a few days after'.
 
I'd also make a note of when you had last sold a car before this date, to demonstrate that you are not a motor trader and as it is a private sale it is up to the buyer to assess the condition of the car.
 
Brookert said:
If it does go to the small claims court, don't be shy when claiming all your expenditure back for attending court :D
Click to expand...

It's the only fair thing to do given that they've wasted your time over the whole ordeal. It will hopefully put them off trying to do something like that again.
 
So what he is saying is that his mechanic friend was incapable of spotting faults before he bought the car? If I was him I'd be going after the mechanic.
 
Kenai said:
private sale, sold as seen, he had THREE opportunities to inspect the vehicle prior to purchase and it's his problem now.
Click to expand...

Ignore all communication and wait for a court summons - IF they go this route. I personally think they are trying it on as they have already got you to reduce it by £100.

If it does come to court they have had plenty of opportunity to inspect the vehicle and a court would more than likely find in your favour.

I think you were more than helpful by allowing 3 visits and giving them the keys for a test drive :eek::eek::eek:
 
You must log in or register to reply here.
Back
Top Bottom