Private seller's obligations?
Discussion
I sold a Lancia Delta Integrale, one of the first ones on January 3rd privately.
It was restored but not perfect.
It had 96,000 miles on the clock.
I told the guy that the one weak area was electrics.
He paid me 12000 cash and did not ask for a receipt.
He now tells me I am being sued as it failed the mot on 4 things electrical.
The current mot is to end of March.
He inspected the car and seemed happy.
He is banging on about small claims court.
What am I obliged to do if anything?
Don't we all take a chance buying private?
It was restored but not perfect.
It had 96,000 miles on the clock.
I told the guy that the one weak area was electrics.
He paid me 12000 cash and did not ask for a receipt.
He now tells me I am being sued as it failed the mot on 4 things electrical.
The current mot is to end of March.
He inspected the car and seemed happy.
He is banging on about small claims court.
What am I obliged to do if anything?
Don't we all take a chance buying private?
CorvetteConvert said:
I sold a Lancia Delta Integrale, one of the first ones on January 3rd privately.
It was restored but not perfect.
It had 96,000 miles on the clock.
I told the guy that the one weak area was electrics.
He paid me 12000 cash and did not ask for a receipt.
He now tells me I am being sued as it failed the mot on 4 things electrical.
The current mot is to end of March.
He inspected the car and seemed happy.
He is banging on about small claims court.
What am I obliged to do if anything?
Don't we all take a chance buying private?
Private sale = pretty much buyer beware.It was restored but not perfect.
It had 96,000 miles on the clock.
I told the guy that the one weak area was electrics.
He paid me 12000 cash and did not ask for a receipt.
He now tells me I am being sued as it failed the mot on 4 things electrical.
The current mot is to end of March.
He inspected the car and seemed happy.
He is banging on about small claims court.
What am I obliged to do if anything?
Don't we all take a chance buying private?
Break all contact with him
If you are a genuine private seller and didn't make false representations about the car then you have nothing to fear.
DO NOT respond to contact from the buyer, it'll only encourage him to keep hounding you.
Buyer beware. The onus is on him to make sure he is happy before committing to the purchase..
DO NOT respond to contact from the buyer, it'll only encourage him to keep hounding you.
Buyer beware. The onus is on him to make sure he is happy before committing to the purchase..
In approximate terms a private seller has very little to worry about - unless he has acted fraudulently.
An aggrieved buyer always has to "prove" his case in court. So unless, for instance, the car is very obviously not as described in the advertisement he hasn't got a leg to stand on.
Whether he thinks you misled him in what you said so will come and throw a brick though the windscreen of your new car is, of course, quite another matter.
An aggrieved buyer always has to "prove" his case in court. So unless, for instance, the car is very obviously not as described in the advertisement he hasn't got a leg to stand on.
Whether he thinks you misled him in what you said so will come and throw a brick though the windscreen of your new car is, of course, quite another matter.
king idiot make sure you tell him that when you confirm to him he can jog onCheers for the input.
I have had Buyer Remorse myself a few times.
He may have that!
He reckons I said it was restored hence it should be perfect.
But these cars were not perfect a year old let alone 20.
If he is serious then I might have to give him back the ahem 8000 he paid me!!!!
No receipt!!
I have had Buyer Remorse myself a few times.
He may have that!
He reckons I said it was restored hence it should be perfect.
But these cars were not perfect a year old let alone 20.
If he is serious then I might have to give him back the ahem 8000 he paid me!!!!
No receipt!!
If she was honestly described you are done.
How aggressive do you want to be? You can respond and tell him any future correspondence will be charged at the Litigant in Person rate for your time. You will await his claim and will make an application to strike it out pre-allocation so as to recover any and all costs you incur in disposing of this matter.
How aggressive do you want to be? You can respond and tell him any future correspondence will be charged at the Litigant in Person rate for your time. You will await his claim and will make an application to strike it out pre-allocation so as to recover any and all costs you incur in disposing of this matter.
CorvetteConvert said:
If he is serious then I might have to give him back the ahem 8000 he paid me!!!!
You said he paid 12000 - are you going to claim he paid you less?Have you retained enough details to be able to check the MOT status online to see whether he really has MOT'd it early?
CorvetteConvert said:
The latest email says that as it failed the mot it is not fit for purpose.
But for me that would hold more water if i was a dealer.
All the MOT states is that the car passed a test on a day last March. It guarantees nothing!But for me that would hold more water if i was a dealer.
He is on a hiding to nothing as long as you didn't say it was "perfect" or some such.
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