Need advice

Transform_IT

Transform_IT

Transform_IT

Associate
Joined
18 Oct 2012
Posts
465
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!
 
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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.
jpaul said:
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
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grudas said:
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..
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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.
 
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Begbie said:
Was it a cat s?

£16k seems cheap unless it 100,000++ miles
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Sadly the market has completely fallen on its arse. It made £17,400 on ebay, but after discovering the issues with the paint, it didn't seem fair to proceed with the sale, which I told the winning buyer.

MOTORWAY and WeBuyAnyCar offered £18,000, but again, the paint can't be unseen now, so they wouldn't no doubt knock me down for that. Also, the car was sold with an issue with the amp which needs replacing. This is due to the rear wing filling with water and submerging the amp. A common fault if the drain plugs aren't kept clear.

All of this was factored in when selling the vehicle and the buyer was fully aware.
 
tom_e said:
@Transform_IT We need an update is he still crying into his new car?
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I blocked his number. Transferred the v5 last week with the date of the sale (10th July).

I have received a message today stating he wants me to phone him. I replied stating the above responses and he said:

I’m just driving atm. Please can you return my call when you get a chance. I don’t have the time to compose a long message

What should I do here? I really don't want any comeback from this joker and he strikes me as the type of person who would turn up to my address with a large group.

Thanks.
 
Just had this message from another number:

Hi, I’ve composed this message with hopes that we come to a resolution between ourselves and not have to take matters further.

Firstly, when inspecting the vehicle we noticed the body work was rough and it was in a previous accident which I accepted and negotiated a price to factor the body work condition NOT any mechanical issues. When we finished our local test drive I specifically asked you why the car was idling rough, as if it was misfiring. You assured me it was because the valvetrnoic motor was changed recently and this needed settling in. I took your word out of trust but then double checked this with the specialist mechanic as the misfire has been getting worse and he said you’ve pulled the wool over my eyes as the misfire/rough idle has nothing to do with the valvetronic motor. It’s actually diagnosed to be spark plugs and coils packs as an initial fix… if the problem still persists it will need further diagnosis.

Secondly, as soon as I drove the car onto the motorway to get home I contacted you immediately to say the car was vibrating and not driving right at all. You said it is definitely just the tyres that needed changing so I took your word yet again and changed the tyres. This was an expense from my side which again I accepted but it’s not fixed the vibrations as that leads back to the misfire of the engine and rough idle.

Thirdly, you said I drove the vehicle with no coolant…this was never said so I don’t know where you’ve heard this. What I did say was the coolant tank was leaking and needed to be replaced because it was losing pressure from the leak causing it to bubble up inside. I’ve got a video to illustrate this. Again I replaced this at my own expense.

Last but not least, after diagnosing the car by 2 professional mechanics, one of them being a specialist they have both said the turbo seals are leaking oil which will require replacement turbos as this seal cannot be fixed. If you want further information then please feel free to contact any mechanic or bmw specialist and ask what is the fix to an oil leak in the turbos….this repair is going to cost around £2000 alone hence why I asked you to cover at least half of the repair cost when in reality you should cover the full repair or provide me a refund within 30 days of purchase, this is under the Consumer Rights Act 2015.

Consumer Rights Act 2015
If you’ve bought your used car from a dealership and find a fault with the car within the first 30 days of purchase, take a look at the “short-term right to reject” rule in the Consumer Rights Act 2015.

All I’m asking for is a £1000 contribution to wards the repairs. My original offer made was £15,000 so by contributing £1000 it will mean the car was bought for my initial asking price and any further problems or expenses I will not bother you with at all. I am even willing to
offer, If you need to make 2 instalments of £500 that’s fine I can understand because I know you are going through home renovations. I feel this is more than reasonable as the seller I. This case yourself has the duty of care to cover full cost of repairs or refund the buyer and take the car back UNLESS the car was sold UNFIT for purpose which it was not! I know my rights and I don’t like being taken advantage of, I had full trust in you and this trust was broken from the beginning.

I hope you can do the right thing and accept the above resolution and call this a day. If you don’t want to hep or provide a resolution then we can alternatively take the matter to court which is the last thing I’d like to do because you seemed a genuine fella.


A Shaikh.

#####

Thoughts? Block this new number? This was a private sale, I am not a trader.
 
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lordrobs said:
"Please feel free to contact trading standards to exercise your right to reject the car.

Yours sincerely,

*Your name*
Not A Used Car Dealer"

That said if their comments regarding the misfire and your statement about the cause is true it does put a different spin on things. They may feel that the car was misrepresented at the point of sale.
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The car wasn't misfiring. When idling from cold the revs would bounce slightly. He asked what this was. I was told by my mechanic who changed the valvetronic motor, it needs to bed in and needs a good run and for the engine to learn. This was work which I had carried out in May and I had no reason to question this. Since then it had done 40 miles, so I didn't think this was enough to bed in. There was no smoke or loss in coolant. And the car was test driven hard by the buyer for 20mins, 10 mins by me and left idling for 20-30 minutes over 2 separate days. At no point was there any concern and the only feedback he gave was, the car is mechanically sound, however he is concerned about the bodywork, which he then made an offer of £15,000. I refused, but said I would sleep on it. The following day I asked for £16,500 and we met and agreed at £16,000.
 
My concern is I will all of sudden get a bang at the door with a group of hoodlums waiting outside or a letter from the small claims court, despite me advertising the car properly. I have no doubt the Small Claims Court will favour the seller, however, it's just a whole waste of my times and theirs.
 
Well, I'm about to move house, so have a new address. Previous address was temporary. So, hopefully he will get the hi t with me ignoring and blocking the calls and he doesnt have my new property details.
 
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