Sold my project car...Now the buyer wants money back!

Sold my project car...Now the buyer wants money back!

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si.thii

Original Poster:

13 posts

50 months

Saturday 4th June 2022
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Hi everyone!

Hoping I can find some help on here before going to citizens advice (as it's the weekend, and they're not open).

Sold my project car on 1st June that I had owned for around 7 years. Put the original ad up on eBay, got a few bites but nothing serious. Put the car back up for sale on eBay and got a bloke email me and arrange viewing outside of eBay, and subsequently bought the car after haggling.

The car was described to the best of knowledge on the ad. When the guy came and viewed he informed me that on hpi check the car was a Cat D write off from before I ever owned the car for fire damage to the engine compartment. I accepted this was my error, I had never done a hpi check when I bought the car, I hadn't done one when I came to sell. In my mind he had done his due diligence and found an error, which was reflected in the price and during haggling.
He looked over the car for a good hour or so. The car was put back together as best I could to show the parts that were there (I had stripped the car previously to try and repair the rust and everything myself, but never got to that point) He did know this and when he viewed the car I was up front about this.
I had also taken bits off the engine; Radiator and oil cooler were damaged beyond repair so I binned these during my ownership while the car was SORN, he had asked about these and I told him such. The full intake and exhaust manifold (exhauster header was rusted through so binned that years ago) also told him this when he asked, took off the airbox & MAF/throttle body, the rest of the exhaust, full engine loom, ancillaries like water pump, starter motor, distributor, disconnected ABS system, took the brake master cylinder off.
He inspected the engine, asked a few questions about where those things were, I told him the truth that I had kept all the bits in a box and labled everything so I could put it back together (but again I never got to that point). I said he could look in the box to ensure everything was there, he declined.
After everything we came to a mutual agreement in price.
The day after (2nd) he got a mate of his to come and collect the car.

He then text me that evening saying that things were missing, I replied saying I had told him, told him again.Said I did have an aftermarket oil cooler he could have that I had bought for the car.

Text me at gone 23:00 on 3rd June to say he's not happy, saying there are a lot of things missing and he doesnt have the funds to complete the car and now either wants me to retrospectively deduct £1800 from the price paid and give him that £1800 back, or give him a full refund and he gives the car back to me.
Text me again today saying that I have 24 hours to decided what I want to do before he takes legal action against me.
I honestly don't know what to do. I feel that he came and viewed the car, asked questions, and decided to buy it....sold as seen. Apart from the fact I had no idea it was Cat D to start with (I admit thats my error), he still knew this when he bought it, and I had described on the ad on eBay that it was a project car.
Any advice from you guys and girls here?

Thanks in advance, and sorry for the MAHOOSIVE post.

Edited by si.thii on Saturday 4th June 16:11

megenzo

203 posts

126 months

Saturday 4th June 2022
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Caveat emptor

Not your problem if you haven't deliberately miss sold/described something.

LuS1fer

40,356 posts

235 months

Saturday 4th June 2022
quotequote all
Tell him to do one.

Caveat emptor - sold as seen. Even more so with a project car, in bits.
He's clearly changed his mind so he'll have to sell it on.

Daston

6,034 posts

193 months

Saturday 4th June 2022
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If you advertised the car honestly and are a private seller then he hasn't got a leg to stand on.

The Rotrex Kid

29,053 posts

150 months

Saturday 4th June 2022
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If you’re confident you haven’t misled him in anyway or mis advertised the car, then tell him to crack on.

Edited by The Rotrex Kid on Saturday 4th June 16:02

Tyre Smoke

23,018 posts

251 months

Saturday 4th June 2022
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You've sold him a project. You have explained everything. He has pointed out it is a Cat D, you've reflected this in the price agreed. He has paid and now has buyer remorse.

If that is all correct and you aren't a dealer or in the motor trade, then you have absolutely nothing to worry about. Tell him to do one. If he can't afford to build up the car and needs £1800, then he certainly doesn't have the means to take you to court in a civil case.

Tell him once that the price agreed and paid was final in a private sale. Then ignore him.

Djtemeka

1,715 posts

182 months

Saturday 4th June 2022
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No one can prove what was said during the viewing unless it was written down and signed for so all they can go on is the ad. That’s what they will look at for any misselling

si.thii

Original Poster:

13 posts

50 months

Saturday 4th June 2022
quotequote all
Hi everyone, thank you very much for the replies. I had thought as much i.e.; caveat emptor.

I never diliberately mis-advertised or mis-described anything, as I say, I never put in the ad about it being Cat D......I never knew until the buyer told me. But I accepted this and so did he.

And anywho, he came and viewed so knew exactly what he was buying, in what condition. Also, I forgot to add, everything he is saying is missing (except the exhaust, radiator, and oil cooler) I know I put either with the car, or he took with him on the day of purchase, he did take a few boxes to make it easier for his mate.

Also should say I've not replied to any of these last few texts.

Thank you again everyone!

Edited by si.thii on Saturday 4th June 16:12

anonymous-user

44 months

Saturday 4th June 2022
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I think everything contained in the 'Sold a car privately...' sticky in this section applies, it is relevant despite it being a project car plus various boxes of bits.

vaud

47,816 posts

145 months

Saturday 4th June 2022
quotequote all
Private sale
Project car
He inspected it

No comeback. (Provided you did not misrepresent)

Edited by vaud on Saturday 4th June 16:55

LuS1fer

40,356 posts

235 months

Saturday 4th June 2022
quotequote all
A private seller does not legally have to declare a Cat D (uneconomical to repair), only a dealer though must 'fess up, if asked, if known.

The whole point of doing your own HPI check is to check these things before you buy.

motco

15,246 posts

236 months

Saturday 4th June 2022
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Look through this thread and see whether your case could be similar. It ended up with the court dismissing the case.

anonymous-user

44 months

Saturday 4th June 2022
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Tell him to Foxtrot Oscar.

The world is full of morons, you just sold a car to one.

Slk55AMG KiaSportage

4,318 posts

180 months

Saturday 4th June 2022
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Not a great situation but as said tell him to just go away

Geffg

836 posts

95 months

Saturday 4th June 2022
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Just ignore him. I think nowadays a lot of people try this kind of thing on. I’ve had it myself, although not on a car. People seem to expect new things for bargain used prices then complain when it’s not a new item and expect you to compensate them. People want everything for nothing and think they’re doing you a favour paying you buttons for it. Sick of people offering stupid money for stuff then wanting it delivered due to they can’t leave the house coz of they’re sick budgie or some other stupid sob story.

AlexRS2782

7,707 posts

203 months

Saturday 4th June 2022
quotequote all
gottans said:
I think everything contained in the 'Sold a car privately...' sticky in this section applies, it is relevant despite it being a project car plus various boxes of bits.
Link to the relevant Sticky in General Gassing that has a few useful threads linked within it - https://www.pistonheads.com/gassing/topic.asp?h=0&...

OutInTheShed

5,115 posts

16 months

Saturday 4th June 2022
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The OP said some stuff was in a box.
If it was not in the box, then some misrepresentation may have occurred?

It's very easy to say 'buyer beware' and all that, but anyone on either side of a deal like this really needs to be very careful about this kind of thing.
When buying 'basket cases' the content of 'the box' ranges from 'everything you need to finish' to 'a random assortment of irrelevant parts, most of them worn out or broken'.

The sale was 'off ebay'. Was is classified ad or are we talking about naughty people who break contracts with ebay?

I wasn't there. The two people who were there need to be clear about exactly what was said and implied.

Many years ago I bought a junk bike with a 'useful box of spares'. A 'useful box' full of scrap basically.

Tyre Smoke

23,018 posts

251 months

Saturday 4th June 2022
quotequote all
There is absolutely zero proof of who said what to whom at the point of sale. Ultimately there is zero comeback. The buyer with grievance cannot prove what he did or didn't purchase. And since the vendor doesn't have to prove anything, it's all going nowhere. Couple that with the buyer having no money...

anonymous-user

44 months

Saturday 4th June 2022
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He is just trying it on.
Tell him to Papa Oscar

He can try and take u to court but it will just get dismissed

wpa1975

5,999 posts

104 months

Saturday 4th June 2022
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Ignore him, his fault for buying it if correctly described