Any legal eagles here?!

[Tealeaf]

:confused:

HI all

Last night I sold SWMBO's '98 Escort LXTD. Asked £995 for it and accepted £880. Sold it privately. Car had 82k, MOT to run to Mar next year. Guy test drove it, had his mate with him and they looked round it. Asked what I'd take for it...I said £900. I even gave him £20 back for some deisel on the way home! Now regretting it. He called me tonight to say he isn't happy with it. Says second gear is crunchy and that the turbo is "broke" (his words). Basically told me I was a liar and had sold him a pup (reckoning I must have known the turbo was broke! which it isn't as far as I'm concerned) Apparently he feels the car is very slow for a turbo. Tried to tell him on the phone tonight that it's an 8 yr old Escort with a 70BHP engine not a boy racer machine. Incidently car has only done 1000miles since its last MOT and as far as I'm concerned is driving great. We had it for 3 yrs. Anyway he is demanding is money back. I feel he is wrong. The car was sold as seen (although the ad did not say this...not sure if that makes a diifference?) I did not make any claims in the ad that I can't stand over...also think it was priced to sell. Am off the opinion he bought it, had enough opportunity to test drive it and it was up to him whether he bought it or not. I can honestly say as far as I'm concerned he got a great little car ( my wife's run about). Anyway sorry for the moan but it annoyed me that he came on the phone and got quite abusive....any advice? Thought I'd come on here to vent my spleen?

[mluton]

my brother had a simular problem with his vw convertible carmen golf.

his advert was very basic, my brother new of a few things needing doing to the car, but did not advertise this. a few days later the person that bought the car called up saying it wasnt as advertised, it was a reck.

the car was not a reck just needed a bit of TLC to make it better.

my brother stated to him, you test drove the car, had a look so it was sold as you seen, although it wasnt advertised as sold as seen, he looked over the car and used his own opinion and bought it. in my brothers eyes "sold as seen"

we had one following call after that one and never heard anything again.

i dont think he has any come back.

[robmawer]

The only obligation you're under is that the car is "as described" - if he wanted a 30-day no-quibble return policy he should've bought privately from the dealer.

If fulfilled that obligation, tell him to get the AA or similar to do one of their checks on the car and then use the results to pursue through small claims...shouldn't be a problem!

Rob.

[expostmanpat]

Send your portion of the v5 asap, this muppet could have done anythng in 'your' car in 24 hours and be trying to land you with the blame :eek:

[Tealeaf]

Cheers mluton, thanks for a quick reply. Am of the same opinion.

[Tealeaf]

Cheers too, postmanpat. Will walk to the post box later with the V5. It was filled out, he has signed as new keeper, I even gave him a receipt that he signed and I have a copy off...already starting to feel better.

[Tealeaf]

Thanks, Robmawer, car is definitely as described, in fact it had about 500 miles less, I ust rounded it up for the ad. Yeh, glad I came on here.....you're def right postmanpat, I have no way of knowing what he's been doing in it since yesterday!

[expostmanpat]

Glad to be of help buddy

[ric04vrs]

was his a mate a mechanic and did he tell him it was a good car for the price , the best policy is to write on the receipt "sold as seen" or words to that effect , i dont think he can do anything as it is buyer beware when it comes to buying cars privately

[ScoobyChris]

Yeah I'd always make sure that the wording on the receipt makes them sign to say they are happy with the state/condition, etc of the car at the time of sale as they could have done anything in the 24 hours since it was sold to damage it.

Chris

[KenONeill]

He test-drove it, so unless he's disputing that the car's roadworthy, he's got no comebacks. Bank the readies, and send in the V5 if you've not already.

And take it from someone who recently upgraded TDs, the older ones (even once best in class like mine) don't match the latest ones on go or flexibility.

[Goochie]

Yeah I'd always make sure that the wording on the receipt makes them sign to say they are happy with the state/condition' date=' etc of the car at the time of sale as they could have done anything in the 24 hours since it was sold to damage it.

Chris[/quote']

When we sold our 1970 Beetle we asked the buyer sign a recipt to say that she had checked the vehicle and she was happy that it's condition was reflected in the price.

[cheezemonkhai]

IMHO it's a TD escort, of course it will be slow. My old BX 19RD with over 200k miles easily out accelerated one of those **** mobiles. No disrespect but the endura TD was a totally cr*p engine,

[VRSPhil]

He has no comeback. I know it's not nice to be in a situation like this but it's his problem, not yours. If he contacts you again in an abusive mannor then I would consider contacting the police.

[Tealeaf]

Cheers everyone, it's good to know that others agree. I honestly think he got a good little car, but I suppose it takes all sorts...will let you know how it pans out.

[Chris GB]

Hi

It is a private sale I assume? If so it is very much buyer beware.

Chris

[Tealeaf]

Update:

He just left me a msg to say "let's call it quits" and that he's happy to keep the car. RESULT! Might have had something to do with the advice I took from this thread. Told him I had taken legal advice, and that under no circumstances would I be accepting the car back...and that V5 was already with DNLNI.

Thanks to all!

[Tealeaf]

I meant DVLNI off course!

[cheezemonkhai]

Nice result.

IMHO the turbo wasn't broken, he just expected too much from an old car.

[KenONeill]

Result then!