Sold a Car that has broken down HELP ASAP
Discussion
http://www.theaa.com/motoring_advice/car-buyers-gu...
Private
If you buy privately, it's a case of 'Buyer Beware'. You won't have the same legal protection as you would if buying from a dealer and it's up to you to ask the right questions and inspect the car thoroughly before you buy. It's a good idea to get an independent engineer to give the car a thorough mechanical inspection, and to get a car history check to make sure there's no shady past.
Because your legal rights are more limited, unscrupulous dealers may masquerade as private sellers: be very wary if a private seller wants to meet you somewhere other than at their home, or if their name is not on the V5C registration document. A dealer pretending to be a private seller is committing a criminal offence.
The only legal terms that cover a private sale contract are:
the seller must have the right to sell the car
the vehicle should match the description given by the seller
the car must be roadworthy - it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today.
Private
If you buy privately, it's a case of 'Buyer Beware'. You won't have the same legal protection as you would if buying from a dealer and it's up to you to ask the right questions and inspect the car thoroughly before you buy. It's a good idea to get an independent engineer to give the car a thorough mechanical inspection, and to get a car history check to make sure there's no shady past.
Because your legal rights are more limited, unscrupulous dealers may masquerade as private sellers: be very wary if a private seller wants to meet you somewhere other than at their home, or if their name is not on the V5C registration document. A dealer pretending to be a private seller is committing a criminal offence.
The only legal terms that cover a private sale contract are:
the seller must have the right to sell the car
the vehicle should match the description given by the seller
the car must be roadworthy - it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today.
OP, you need to say to your buyer what Jack Carter shouted at the bloke in the multi storey car park as he walked away:
"Stroll on!"
In the meantime, google "buyer's remorse"
; I suggest that your buyer has had a kicking in their painful bits from their significant other and feels obliged to blame you for their limp and crossed eyes 
(in the absence of their trashing the thing on the way home etc as suggested upthread).
ps has anyone said it's not your problem - and be glad he turned down your £250 - yet?
they have, and they're 100% correct 
.
"Stroll on!"
In the meantime, google "buyer's remorse"
; I suggest that your buyer has had a kicking in their painful bits from their significant other and feels obliged to blame you for their limp and crossed eyes (in the absence of their trashing the thing on the way home etc as suggested upthread).ps has anyone said it's not your problem - and be glad he turned down your £250 - yet?
they have, and they're 100% correct .The English used in that email is not that of a "genuine buyer" it is that of a "genuine scammer".
NO person uses English like that on the first email for having car issues.
That email has been refined over many iterations....UNLESS the guy is an A-grade lawyer in this field - but then he wouldn't be buying S2000 privately.......
As others have noted - you have swallowed the bait, by attending and offering recompense. The said gentleman knows he has a live one on the line and just has to reel you in...this is the same as email scams.
Others have advised ceasing contact - I suspect you will find that hard to do......but the advise is correct.
NO person uses English like that on the first email for having car issues.
That email has been refined over many iterations....UNLESS the guy is an A-grade lawyer in this field - but then he wouldn't be buying S2000 privately.......
As others have noted - you have swallowed the bait, by attending and offering recompense. The said gentleman knows he has a live one on the line and just has to reel you in...this is the same as email scams.
Others have advised ceasing contact - I suspect you will find that hard to do......but the advise is correct.
Surely you'd know from your 5k+ posts Dan that, as long as you've been truthful, it's a case of telling the buyer to jog on?
DO NOT enter into any correspondence with him. He does not want to compromise and as such, any correspondence is worthless. His one and only aim here is to be refunded his money and return to you a faulty car. He's waiting for you to slip up and say "oh, maybe there was a slight issue however nothing major". Ignore him.
DO NOT enter into any correspondence with him. He does not want to compromise and as such, any correspondence is worthless. His one and only aim here is to be refunded his money and return to you a faulty car. He's waiting for you to slip up and say "oh, maybe there was a slight issue however nothing major". Ignore him.
TVRnutcase said:
The English used in that email is not that of a "genuine buyer" it is that of a "genuine scammer".
NO person uses English like that on the first email for having car issues.
That email has been refined over many iterations....UNLESS the guy is an A-grade lawyer in this field - but then he wouldn't be buying S2000 privately.......
Indeed, it stinks of scam.NO person uses English like that on the first email for having car issues.
That email has been refined over many iterations....UNLESS the guy is an A-grade lawyer in this field - but then he wouldn't be buying S2000 privately.......
The ONLY course of action the OP should take is to do and say nothing. If he sold the car in good faith there is nothing the buyer can do - it's all faux-legalese and bluster.
I felt bad hence offering the money back. I offered him £250 back as he offered me that originally for the car so I thought guy it soften the blow slightly.
I am a Honda guy yes, I bought the car to go to Munich and back last month and it went there without a problem. 3k miles done last month without issue.
I feel sorry for the guy but hope he doesn't end up trying it on even more. I know what you southerners are like
Thanks for all the replies
I am a Honda guy yes, I bought the car to go to Munich and back last month and it went there without a problem. 3k miles done last month without issue.
I feel sorry for the guy but hope he doesn't end up trying it on even more. I know what you southerners are like
Thanks for all the replies
DanielJames said:
Thanks for the replies all.
I just stayed with the lad whilst the recovery came. I offered him £250 back to cover the recovery and inspection etc but he refused and said he wants to get it looked over by a professional first.
I'm worried he might be taking it to a friend and get some bs engineering report done or something.
Can anyone link me to some reading I can do about this situation? Not that I don't trust the responses, but on Google I'm only finding links to other forum posts...
FFSI just stayed with the lad whilst the recovery came. I offered him £250 back to cover the recovery and inspection etc but he refused and said he wants to get it looked over by a professional first.
I'm worried he might be taking it to a friend and get some bs engineering report done or something.
Can anyone link me to some reading I can do about this situation? Not that I don't trust the responses, but on Google I'm only finding links to other forum posts...
Can you just read the thread and all the replies and take our advise, tell him its not your problem, now jog on mate!
Doesn't matter if the engineers report shows up 10,000 issues, he saw the car and presumably test drove it with a working engine, anything after that is his problem.....
i wonder who will get all the possible sh!t from parking eye if he leaves it in the KFC car park too long, assuming it's anpr'd car park and RK details not up to date 
I sold a truck on years ago and within 2 weeks the gearbox went over 1k to fix, I'd had the truck from new,It was only sold at that month as i was moving on, it would have been my problem if it the gearbox had gone a month earlier or I'd stayed an extra month, it was bad luck for the new owner but totally unknown about any condition problems (no i didn't pay anything)
I sold a truck on years ago and within 2 weeks the gearbox went over 1k to fix, I'd had the truck from new,It was only sold at that month as i was moving on, it would have been my problem if it the gearbox had gone a month earlier or I'd stayed an extra month, it was bad luck for the new owner but totally unknown about any condition problems (no i didn't pay anything)
Edited by anonymous-user on Sunday 30th August 06:58
I thought you said he was waiting for the RAC. Did they not recover the car and take it to his home. I don't understand why the car is a KFC car park.
Also how much did you sell the car for? (if were talking hundreds I would of probable paid him back as its not worth the hassle)
His letter sounded as though he is a law student or taken some advice or on a fiddle
Also how much did you sell the car for? (if were talking hundreds I would of probable paid him back as its not worth the hassle)
His letter sounded as though he is a law student or taken some advice or on a fiddle
DanielJames said:
For all I know he's been ragging it, missed a gear and spun a shell!
Dan
keep telling yourself this. like all others have said, no more contact. and again....Dan
Edited by nick heppinstall on Saturday 29th August 20:36
DanielJames said:
For all I know he's been ragging it, missed a gear and spun a shell!
Dan
Dan
Edited by nick heppinstall on Saturday 29th August 20:36
OP can you clarify what you mean when you said "I offered him £250 back as he offered me that originally for the car so I thought guy it soften the blow slightly".
It reads that he offered you £250 for the car originally so is that the total amount he paid for the car and how would it soften the blow slightly.
Then you said "I offered him £250 back to cover the recovery and inspection etc but he refused and said he wants to get it looked over by a professional first".
How much did you sell the car for.
It reads that he offered you £250 for the car originally so is that the total amount he paid for the car and how would it soften the blow slightly.
Then you said "I offered him £250 back to cover the recovery and inspection etc but he refused and said he wants to get it looked over by a professional first".
How much did you sell the car for.
Edited by btcc123 on Sunday 30th August 08:35
DanielJames said:
I bought the car to go to Munich and back last month and it went there without a problem. 3k miles done last month without issue.
You only had the car a month?If the buyer is genuine (I have no idea), then this is where he will feel stitched up. He maybe thinks you knew about a problem and moved it on.
DanielJames said:
Dear Dan
I entered into the contract in reliance on statements made by you that are untrue. These false statements amount to fraudulent misrepresentation. I intend to bring an action against you for misrepresentation and will be claiming rescission. This is without prejudice to my right to claim damages on the fraudulent basis.
As someone else said, the only recourse is if you do not have the right to sell the car, the car is not roadwoerthy or if it was mis-advertised. He is trying it on with the latterI entered into the contract in reliance on statements made by you that are untrue. These false statements amount to fraudulent misrepresentation. I intend to bring an action against you for misrepresentation and will be claiming rescission. This is without prejudice to my right to claim damages on the fraudulent basis.
DanielJames said:
.
I will be arranging for the car to be taken to my home in Gloucestershire and will be arranging for an expert's report on the car. I will also be asking the expert to compare the state of the car with the statements that you have made about the car.
cant see how this is relevant: he has driven it since. The info you gave were at that time, not afterwards. Think about it: can a description of a car still be valid afterwards? Really? How long for? 1 week? 1 year??? if this happened 6 months down the line, is your description still valid? Of course not. What did the engineers report say before he bought the car??I will be arranging for the car to be taken to my home in Gloucestershire and will be arranging for an expert's report on the car. I will also be asking the expert to compare the state of the car with the statements that you have made about the car.
DanielJames said:
By taking the car to Goucestershire in order to arrange an expert's examination, I am not affirming the contract. I am rejecting the car. After I have obtained an expert's report, I will then be commencing proceedings and will be claiming rescission and damages and costs.
Someone with more contract law then me will confirm I am sure: he cannot reject the car. You are not a dealer, so he cannot reject the car. This paragraph was probably cut and pasted from someone talking to a dealer. Also, who is the expert? What are they an expert in? Are they really going to compare what you said with what they found, and comment (in a VERY legal sense). They may produce a report saying what is wrong. But it wont be dated before you bought the car
JZZ30 said:
Dan said:
I bought the car to go to Munich and back last month and it went there without a problem. 3k miles done last month without issue.
You only had the car a month?If the buyer is genuine (I have no idea), then this is where he will feel stitched up. He maybe thinks you knew about a problem and moved it on.
TVR1 said:
I was wondering why your name is in the edit? Some sort of skulllduggerty or perhaps a double identity. But then, I noticed your profile........
Yellow wedge? You could be Jack the Ripper but all would be good.
Unfortunately I've not had the yellow 400 for some years.... I just don't have to heart to change the pic though !Yellow wedge? You could be Jack the Ripper but all would be good.
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