Sold a car, buyer isn’t happy
Discussion
Before anyone replies with caveat emptor this story has a twist.
A friend of mine recently sold his car. The buyer arranged a viewing, he inspected and test drove the car, a price was negotiated and the car was sold.
Unfortunately the following day my friend received a text from the buyer. He had since HPI checked the car and it was a category D write off. As this wasn’t disclosed at the time of sale he wasn’t happy and wanted a full refund and to return the car.
My friend claims he knew nothing regarding the cars past history, and I believe this. He’s now worried he’ll have to refund the buyer, made all the more difficult as he’s since spent the money on his replacement car.
I’ve read enough threads about private sales gone wrong to know about caveat emptor and all surrounding it. If the car had broken after the sale I would have reassured my friend with this, as there would have been little the buyer could have done. However under the circumstances I’m not sure, could the buyer claim misrepresentation?
Help will be much appreciated.
A friend of mine recently sold his car. The buyer arranged a viewing, he inspected and test drove the car, a price was negotiated and the car was sold.
Unfortunately the following day my friend received a text from the buyer. He had since HPI checked the car and it was a category D write off. As this wasn’t disclosed at the time of sale he wasn’t happy and wanted a full refund and to return the car.
My friend claims he knew nothing regarding the cars past history, and I believe this. He’s now worried he’ll have to refund the buyer, made all the more difficult as he’s since spent the money on his replacement car.
I’ve read enough threads about private sales gone wrong to know about caveat emptor and all surrounding it. If the car had broken after the sale I would have reassured my friend with this, as there would have been little the buyer could have done. However under the circumstances I’m not sure, could the buyer claim misrepresentation?
Help will be much appreciated.
Surely it is just caveat emptor as your friend knew nothing about the history, so had no way of declaring it (assuming he didn't declare to the buyer something like "never been involved in any accidents")?
There seems little point in doing an HPI check after the purchase. The buyer should have done it beforehand.
There seems little point in doing an HPI check after the purchase. The buyer should have done it beforehand.
What value was the car?
Ultimately, the only way the buyer can force the issue is to sue the seller. Common sense would say he shouldn't win as he should have checked before purchase but if it's small claims level then the outcome can be almost random.
It will take many months before there's a hearing.
Ultimately, the only way the buyer can force the issue is to sue the seller. Common sense would say he shouldn't win as he should have checked before purchase but if it's small claims level then the outcome can be almost random.
It will take many months before there's a hearing.
Sounds clearer cut than I first thought.
It wasn’t advertised as having never been in an accident, and as far as I know the question wasn’t asked by the buyer.
It wasn’t advertised as having never been in an accident, and as far as I know the question wasn’t asked by the buyer.
selwonk said:
Sounds like a scam to me. What does the buyer want; to return the vehicle or some cash back?
The buyer wishes to return the car and be issued with a full refund.Strange I thought that, If a car has been subject to a VIC test, then that will show on the log book, not the category.
If your log book stated that your car has been VIC'd, the odds are it is a CAT C, but if your car is a CAT C ,that does not meen it has had a VIC check!
Cat D cars are not usually subject to a VIC test so therefore are not on the log book.
If your log book stated that your car has been VIC'd, the odds are it is a CAT C, but if your car is a CAT C ,that does not meen it has had a VIC check!
Cat D cars are not usually subject to a VIC test so therefore are not on the log book.
The legal postion has been set out above.
Morally - I think if the car is a CAT D, he should settle with the buyer, either split the discount due to it being cat d, or money back (less a little to cover sellers fees, costs etc)
I assume the seller didn't do a HPI when he bought it, if so how would he have felt discovering after it was a cat D.
Flame me as you see fit, I'm not trying to set out the legal postion but instead the gentlemen fair thing to do.....not always seen as important these days
Morally - I think if the car is a CAT D, he should settle with the buyer, either split the discount due to it being cat d, or money back (less a little to cover sellers fees, costs etc)
I assume the seller didn't do a HPI when he bought it, if so how would he have felt discovering after it was a cat D.
Flame me as you see fit, I'm not trying to set out the legal postion but instead the gentlemen fair thing to do.....not always seen as important these days
Buyers problem it's up to him to inspect the car and get a hpi, doing this afterwards is too late,
I had a mate buy a car that had been clocked the seller never disclosed it but never hid it, only when he went through the mots did he realise tried to sue and lost
So I'd say same applies could have easily found out if he had done his homework not your mates problem
I had a mate buy a car that had been clocked the seller never disclosed it but never hid it, only when he went through the mots did he realise tried to sue and lost
So I'd say same applies could have easily found out if he had done his homework not your mates problem
ging84 said:
why would you do a hpi check after you've bought a car?
If you bought a car, seemed in good nick, paid a good price for it, and you are happy, why would you pay someone £35 to do nothing other than make you potentially unhappy.
because some people are stupid and go to their mates, check out the car i just bought, impressive isn't it, and their petrol head mate goes, cool so did you check the service history and do an HPI check and they go no, whats that, and then....... they find out.If you bought a car, seemed in good nick, paid a good price for it, and you are happy, why would you pay someone £35 to do nothing other than make you potentially unhappy.
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