Need advice

Associate
Joined
18 Oct 2012
Posts
446
Hi everyone,

I need some advice regarding a recent car sale that has turned problematic. Here's what happened:

On July 8, I had a potential buyer come to view a BMW M4 that I had listed for £18,000 on Facebook Marketplace. After some negotiations over Facebook Messenger, we agreed on a price of £17,000 because I needed the funds urgently for a house purchase.

The buyer, who claimed to be a car detailer, pointed out some issues with the bodywork that I wasn't aware of, indicating it might have been repainted. He inspected the car thoroughly, including under the bonnet, and took it for a test drive. Although he drove it aggressively, he seemed satisfied with its mechanical condition but concerned about the bodywork.

Initially, he offered £15,000, which I declined. Eventually, we settled on £16,000. He insisted on completing the sale that evening despite the rain. He came back with his girlfriend and another friend, inspected the car again, and transferred the money.

I didn't have the V5 document at hand since it was in storage, but I had applied for a replacement, which has now arrived and been sent to him.

Ten days later, he contacted me, reporting several issues:
- A coolant tank leak.
- Blue smoke from the exhaust.
- A vibration possibly due to a leaking CV joint boot.
- Hesitation and misfiring diagnosed as a turbo oil leak, requiring turbo replacement.

He claims these problems weren't present during the test drive and wants me to either:
1. Accept a return of the car.
2. Pay half of the repair costs, amounting to £1,000.

I was unaware of these issues at the time of the sale. The car had passed an MOT and I had receipts for recent repairs, totaling £1,650. The sale was at a lower price due to my urgent need for funds.

I'm unsure of my legal standing. Does anyone have advice on how to handle this situation? I sold the car as seen, and these issues could have arisen post-sale.

Thanks in advance for your help!
 
Last edited:
Soldato
Joined
7 Nov 2004
Posts
15,703
Location
East of England
Chancer. Tell them to get lost as you’re a private seller.
Literally this - from the sound of him, we all know the type, this is probably a tactic he uses on every car purchase he makes and 6/10 it works. The fact he's even stated that the problems weren't present on the test drive further weakens his idiotic position that you knowingly sold him a dodgy car.

You have two options - block him and delete him. Or reply a simple message saying that none of these issues were present on the car during your ownership, they weren't present on the test drive which he has attested to, so you will be paying him absolutely nothing and since you have nothing further to say to him, you will be blocking and deleting him.

Either way, don't worry about it. He hasn't got a leg to stand on.
 
Soldato
Joined
24 Sep 2007
Posts
4,857
I'm unsure of my legal standing. Does anyone have advice on how to handle this situation? I sold the car as seen, and these issues could have arisen post-sale.

Legally you are fine, because there is no comeback for a buyer in a private sale, it is buyer beware. I would be polite about it, but firm and just say sorry they weren't present when you sold the car, you weren't aware of any problem at selling, and that he got a good deal anyway because you had to sell in a hurry. None of it sounds that big a deal to fix and these things should be expected when buying a secondhand car. Just be polite but firm and say sorry but sold as seen.
 
Last edited:
Associate
Joined
23 Nov 2018
Posts
387
Hi everyone,

I need some advice regarding a recent car sale that has turned problematic. Here's what happened:

On July 8, 2074, I had a potential buyer come to view a BMW M4 that I had listed for £18,000 on Facebook Marketplace. After some negotiations over Facebook Messenger, we agreed on a price of £17,000 because I needed the funds urgently for a house purchase.

The buyer, who claimed to be a car detailer, pointed out some issues with the bodywork that I wasn't aware of, indicating it might have been repainted. He inspected the car thoroughly, including under the bonnet, and took it for a test drive. Although he drove it aggressively, he seemed satisfied with its mechanical condition but concerned about the bodywork.

Initially, he offered £15,000, which I declined. Eventually, we settled on £16,000. He insisted on completing the sale that evening despite the rain. He came back with his girlfriend and another friend, inspected the car again, and transferred the money.

I didn't have the V5 document at hand since it was in storage, but I had applied for a replacement, which has now arrived and been sent to him.

Ten days later, he contacted me, reporting several issues:
- A coolant tank leak.
- Blue smoke from the exhaust.
- A vibration possibly due to a leaking CV joint boot.
- Hesitation and misfiring diagnosed as a turbo oil leak, requiring turbo replacement.

He claims these problems weren't present during the test drive and wants me to either:
1. Accept a return of the car.
2. Pay half of the repair costs, amounting to £1,000.

I was unaware of these issues at the time of the sale. The car had passed an MOT and I had receipts for recent repairs, totaling £1,650. The sale was at a lower price due to my urgent need for funds.

I'm unsure of my legal standing. Does anyone have advice on how to handle this situation? I sold the car as seen, and these issues could have arisen post-sale.

Thanks in advance for your help!
As it's 50 years in the future, when he comes to buy the car just say no :p

(
sorry, couldnt resist!)
 
Soldato
Joined
27 Sep 2004
Posts
13,334
Location
Glasgow
Legally you are fine, because there is no comeback for a buyer in a private sale, it is buyer beware. I would be polite about it, but firm and just say sorry they weren't present when you sold the car, you weren't aware of any problem at selling, and that he got a good deal anyway because you had to sell in a hurry. None of it sounds that big a deal to fix and these things should be expected when buying a secondhand car. Just be polite but firm and say sorry but sold as seen.
Absolutely this and don’t let it worry you or play on your mind. There’s absolutely nothing he can do about it and more the fool if he’s even admitted over text/email that these issues weren't present when he bought it.

He’s likely used to getting his way, bullying other folks. If he starts any nonsense just report him.
 
Associate
Joined
19 Dec 2002
Posts
2,036
had this problem years ago... as said private sale no comeback. i sold a old mondeo years ago , guy came test drove it and paid cash and took it , came on the phone giving it the big i am expecting us to take the motor back , when i refused it was i know where you live usual stuff and threats.
wife got worried and to be honest i was rattled a bit , he kept ringing , in the end i went to the local plod and was standing there when he rang threatening on loud speaker ...pc behind desk soon straightened him out explained difference between buying private and from a garage ...never heard a thing after that:)
 
Soldato
Joined
1 Mar 2010
Posts
22,340
Has he got a sold/received, as seen, signed letter too, from the point where money changed hands;
obviously sounds bizarre that he would exchange money without seeing v5 as proof of ownership
 
Soldato
Joined
12 Mar 2008
Posts
23,026
Location
West sussex
he’s got no real rights as a private seller/buyer. The only time it’s an issue is if you knew about it and misrepresented the car. But good luck proving that..
 
Associate
OP
Joined
18 Oct 2012
Posts
446
I have a hand written receipt which we both signed stating the car, the price, the reg and the fact V5 would be sent after sale.
Has he got a sold/received, as seen, signed letter too, from the point where money changed hands;
obviously sounds bizarre that he would exchange money without seeing v5 as proof of ownership
 
Associate
OP
Joined
18 Oct 2012
Posts
446
he’s got no real rights as a private seller/buyer. The only time it’s an issue is if you knew about it and misrepresented the car. But good luck proving that..
No, I didn't know of any mechanical issues other than the bodywork, which was only apparent after he pointed them out to me. His intention was to wrap the vehicle as he didnt like the colour. On the drive home he phoned me and said there was a vibration when doing 80mph on the motorway, I said it was likely the tyres as they were old and needed replacing which agaon was discussed prior to the sale. He said that's fine as he was buying new alloys and tyres anyway. He then messaged me a few days later saying he'd been to a tyre specialist who confirmed the two front tyres had bulges and would be the reason for the wobble.

10 days later he is now saying with the new alloys there is still a vibration and believes it's the exhaust, which makes no sense or the CV joint which has a perished boot.

He then said the car has developed a misfire and there is blue smoke and as a result the exhaust valves don't open fully. He has had the issue diagnosed and it's apparently the turbo seals. He has been told if hes replacing the seals, he may as well replace the turbos as the labour is the largest cost and whilst they are there and in bits it makes financial sense and will future proof the car. He has been quoted a minimum of £2.2k for this work. He has also said that he drove the vehicle for a bit and heard a hissing sound, and when he pulled over he popped the bonnet and the coolant tank was empty. He opened the head tank and the coolant began bubbling and was very low. None of these issues were present when the vehicle was sold. The first day he viewed it, he had it sat idling from cold for 20 mins and then i took him out in it and after 10 minutes he drove it for 20 mins. The next day when he returned to pay and collect the vehicle he had it idling from cold for 30 mins, again no smoke or running issues. He then drove it home 45 mins and then contacted me 10 days later with these issues. He did say he hadn't driven the vehicle since and this was the first day of driving it due to being away.

He has asked to either return the car, which I'm not in a position to do as the monies have been spend paying the deposit of my new house. Or, for me to pay him £1000 to help him pay for these repairs. He has said a family member who is clued up on law has advised him to do this.

Thanks.
 
Last edited:
Don
Joined
19 May 2012
Posts
17,626
Location
Spalding, Lincolnshire
He has asked to either return the car, which I'm not in a position to do as the monies have been spend paying the deposit of my new house. Or, for me to pay him £1000 to help him pay for these repairs. He has said a family member who is clued up on law has advised him to do this.
He isn't returning the car and his family member isn't very clued up as he has no rights to return the car.
Tell him to jog on and if he thinks there's an issue to take it up with the police (who will also tell him to officially jog on)
 
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