Sold a Car that has broken down HELP ASAP
Discussion
This afternoon I sold my S2000 to a nice chap from down south.
Long story short he's done about 10 miles and the engine has started knocking.
He wants his money back, it was fine when I sold it.
Where do I stand? I'm currently with the lad now and have offered some money back so to not be a
but he's not having it and claims he's going to take me to court.
For all I know he's been ragging it, missed a gear and spun a shell!
Advice welcome.
Dan
Long story short he's done about 10 miles and the engine has started knocking.
He wants his money back, it was fine when I sold it.
Where do I stand? I'm currently with the lad now and have offered some money back so to not be a
but he's not having it and claims he's going to take me to court. For all I know he's been ragging it, missed a gear and spun a shell!
Advice welcome.
Dan
Edited by nick heppinstall on Saturday 29th August 20:36
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...
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...
So despite the guy seemingly leaving on a positive note ive just as this email.
Dear Dan
I am writing in relation to the car registration number:
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.
The car is currently undriveable and is currently in a kfc car park in Manchester. 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. 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.
Regards
Not too happy to be receiving that.
Dear Dan
I am writing in relation to the car registration number:
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.
The car is currently undriveable and is currently in a kfc car park in Manchester. 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. 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.
Regards
Not too happy to be receiving that.
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
Thanks for the replies all.
To clarify on the price , the advertised price was £6500, he offered £6k and we met in the middle. As consolation I offered him the £250 back meaning he would have got the car for £6k.
I know there wasn't any obligation to do that but I didn't think he was trying it on and genuinely felt bad for the guy. The car owed me £6k anyway so I didn't feel bad about giving him back the "profit".
I got the call at about 7pm, went down to the KFC they were stranded at (about an hour and half from Manchester btw), and stayed until around 10pm to try and find a conclusion to the problem.
I thought I was more than reasonable but as soon as we left (on a handshake) the email was sent stating he rejected it.
I'll not respond to the email.
Thanks for the replies.
To clarify on the price , the advertised price was £6500, he offered £6k and we met in the middle. As consolation I offered him the £250 back meaning he would have got the car for £6k.
I know there wasn't any obligation to do that but I didn't think he was trying it on and genuinely felt bad for the guy. The car owed me £6k anyway so I didn't feel bad about giving him back the "profit".
I got the call at about 7pm, went down to the KFC they were stranded at (about an hour and half from Manchester btw), and stayed until around 10pm to try and find a conclusion to the problem.
I thought I was more than reasonable but as soon as we left (on a handshake) the email was sent stating he rejected it.
I'll not respond to the email.
Thanks for the replies.
I could prove the car was in Munich as we parked in the hotel car park and have the reg. Also have the ferry crossing information that proves it went overseas.
I don't see that I could be said to be a dealer. I have all time job but have had a few cars this year out of a hobby more than anything. Never to make any profit.
This is the advert that he is claiming misrepresentation from:
http://www.pistonheads.com/classifieds/used-cars/h...
I don't see that I could be said to be a dealer. I have all time job but have had a few cars this year out of a hobby more than anything. Never to make any profit.
This is the advert that he is claiming misrepresentation from:
http://www.pistonheads.com/classifieds/used-cars/h...
Thanks - I do usually enjoy the process of selling a car but this has been a nightmare.
I sold my 330i to a chap on here back in May and the whole thing was a pleasure. Then again, it didn't break down on the way home.
As its bank holiday Sunday i think I had better go to the Winchester, grab a pint, and wait for this thing to blow over.
I sold my 330i to a chap on here back in May and the whole thing was a pleasure. Then again, it didn't break down on the way home.
As its bank holiday Sunday i think I had better go to the Winchester, grab a pint, and wait for this thing to blow over.
btcc123 said:
rigga said:
Did the OP ever answer the question did he hear the knocking noise when he turned up where the buyer was?
No I do not think he answered that question which is surprising as he was with the buyer at the KFC for 3 hours.Did he wait for the RAC man to turn up and what did he think was wrong with the car.We also had the issue where someone called nick heppinstall edited the OPs opening post and although he came on here to say hello no explanation was given.Can a stranger edit another members post.They both live in Yorkshire I notice so perhaps they are a tag team.
Good point from a previous poster if he sold the car on Pistonheads there is a good chance the buyer is reading this thread.
OP do not reply to any communication from the buyer just ignore him as you may say something that may seam innocent but in the future may come back and bite you in the bum.
As the OP has not posted for a while part of me thinks as the new school term starts soon his mum has told him to get a haircut and needs some new school uniform.
Edited by btcc123 on Monday 31st August 10:42
Yes, I heard the noise. It was terrible, and definitely not there when the buyer drove off in the car.
I waited with the lad for the RAC hoping they would be able to diagnose the fault or perhaps give an insight to the failure.
You can f
k off with that last line too. Ive been on here long enough now, I shouldn't be getting the school accusations. 
It was definitely my car, I haven't responded to any of the allegations of a scam as I don't think that is what has happened at all. As most have said, were it a scam, it's a pretty crappy scam.
With regard to the engine oil I changed it only about 50 miles ago. This engine didn't use any engine oil, unlike other Hondas (I've had a few). I checked it religiously as I do with my DC2 and it never used a drop.
I think it's more extremely bad luck, of which it would need to be VERY bad luck for one of these engines to just fail out of the blue, or that it was over revved. It's easy to do driving a new car especially one with such a tight gearbox, one of my friends destroyed another's DC2 at the 'ring by mis-shifting as he was used to a VAG gearbox.
I haven't really thought what I will do when this engineering report lands, if it does. Obviously it is going to tell me that the car is fked, but the fact remains that after his inspection and test drive he was happy with the car and made the purchase.
I don't see where the case for misrepresentation lies, though I am not trained in law, and I know it doesn't always follow the rules of common sense.
I kind of wish I had made this thread from the buyers perspective, to see if the replies were different.
With regard to the engine oil I changed it only about 50 miles ago. This engine didn't use any engine oil, unlike other Hondas (I've had a few). I checked it religiously as I do with my DC2 and it never used a drop.
I think it's more extremely bad luck, of which it would need to be VERY bad luck for one of these engines to just fail out of the blue, or that it was over revved. It's easy to do driving a new car especially one with such a tight gearbox, one of my friends destroyed another's DC2 at the 'ring by mis-shifting as he was used to a VAG gearbox.
I haven't really thought what I will do when this engineering report lands, if it does. Obviously it is going to tell me that the car is f
ked, but the fact remains that after his inspection and test drive he was happy with the car and made the purchase. I don't see where the case for misrepresentation lies, though I am not trained in law, and I know it doesn't always follow the rules of common sense.
I kind of wish I had made this thread from the buyers perspective, to see if the replies were different.
Edited by DanielJames on Monday 31st August 15:07
Kinky said:
The OP has been around PH long enough to see similar threads of the same nature over the past few years and the eventual outcomes, considering the same threats from the buyers.
'nuff said.
Indeed, but when it happens to you, it is a shock.'nuff said.
I'm glad so many have taken the time to respond, even if they are repeating themselves.
Thanks chaps.
To confirm...
I changed all the oils and fluids on the car before going bar brake fluid as that had been done prior to me getting the car in June.
After returning from Germany, I changed the oil and filter again, for peace of mind. I didn't have any plans to sell the car at this point, but I knew it would be up for sale before the end of the year. That was always the plan with the car, I've always wanted to own one and wanted to do so before buying a house. The road trip was just an excuse to see a beautiful city, and to do some miles in a beautiful car. It was excellent.
I changed all the oils and fluids on the car before going bar brake fluid as that had been done prior to me getting the car in June.
After returning from Germany, I changed the oil and filter again, for peace of mind. I didn't have any plans to sell the car at this point, but I knew it would be up for sale before the end of the year. That was always the plan with the car, I've always wanted to own one and wanted to do so before buying a house. The road trip was just an excuse to see a beautiful city, and to do some miles in a beautiful car. It was excellent.
Breadvan72 said:
Whilst on what we have been told by the OP the buyer appears to have a weak claim, I would not recommend that the OP should refuse to communicate with the buyer. If the buyer decides to sue, then silence from the OP will not reflect well on him in court. Better to respond in a measured and civil manner, politely refusing to accept liability. NB, we do not know if the OP made any remarks while the buyer was looking at the car before buying which could be relied on as a representation. GIGO, so we are dependent on the OP giving us the full story in order to make any meaningful suggestions.
Of course I don't recall exactly what words were said in the 30 minutes or so that they were here.I showed them around the car, how the roof works, how the boot opens, that usual stuff.
What could I have said that wrong?
MOTK said:
Just a thought.. I bought my Z4MC over a year ago in a private sale from a chap who seemed a decent enough family guy etc. He had owned the car for a year and had no servicing done in that time (service schedule was fine though), lived in London and had covered around 5k. He sold it to me for what he paid. I test drove the car and having previously had an e46 m3 (same engine) I felt reasonably satisfied that the car was in decent health. It was due an oil service imminently, I booked it into my m3 specialist indy to have a full inspection II for piece of mind perhaps 2 weeks later.
Car looked, drove and sounded fine right until the point the garage dropped the oil and lifted the cam cover in order to do the valve clearances.
Long of short of it was that the cams and followers were completely fubar. Cue ~3k bill for top end rebuild.
I knew I did not have a leg to stand on with the seller in terms of asking for money from him, I honestly believe he did not know anything about the problem, even my shop (who deal with the S54 engine all the time) thought it sounded fine. It was not however a problem that I could have created within those 2 weeks and it certainly looked like the last garage had put the incorrect oil in. In any case, not his problem.
I did however drop him a polite note noting my disappointment. I received a msg the next day that he had spoken with his wife and that they would like to contribute to half of the costs. I was pretty staggered as I hadn't even asked him for any money.
I realise the OP's situation is somewhat different (like the fact I didn't send a nasty demand like his buyer) and that yes, he has zero obligation to be involved in this at all, however if he does think this guy is genuine then I would consider offering to help somewhat. What goes around, comes around after all right?
That's a great story, and I was all for that... until after leaving he sent the email as noted in an earlier post mentioning legal action. Car looked, drove and sounded fine right until the point the garage dropped the oil and lifted the cam cover in order to do the valve clearances.
Long of short of it was that the cams and followers were completely fubar. Cue ~3k bill for top end rebuild.
I knew I did not have a leg to stand on with the seller in terms of asking for money from him, I honestly believe he did not know anything about the problem, even my shop (who deal with the S54 engine all the time) thought it sounded fine. It was not however a problem that I could have created within those 2 weeks and it certainly looked like the last garage had put the incorrect oil in. In any case, not his problem.
I did however drop him a polite note noting my disappointment. I received a msg the next day that he had spoken with his wife and that they would like to contribute to half of the costs. I was pretty staggered as I hadn't even asked him for any money.
I realise the OP's situation is somewhat different (like the fact I didn't send a nasty demand like his buyer) and that yes, he has zero obligation to be involved in this at all, however if he does think this guy is genuine then I would consider offering to help somewhat. What goes around, comes around after all right?
Edited by MOTK on Monday 31st August 17:39
The Spruce goose said:
jeff666 said:
The OP's advert mentioned Yellow stuff pads, could it be the car had been tracked in the
past ?
he went to the 'burg', i think.past ?
i think hard driving or track use is what buyer aiming at.
This is a sports car after all. You'd expect that it's had its neck run once in a while. It's not like I bought it, thrashed the f
k out of it and sold it on. I did all the proper maintenance to the car before even thinking of pushing it.SarGara said:
As the buyer purchased the car via PH classifieds is there potential he will spot this thread and post his side of the story? Could get interesting 
How do you know he bought it via the classifieds? It was up on 4 or 5 different sites. The buyer seemed like a nice guy as I have said, up until the point that email was sent...
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff