Car sold privately - broken down, where do I stand?
Discussion
Im located in washington state in the US. From what I have read the lemon law applys only to car dealers, and people who give a writen warrenty. I never gave him a warrenty, in my ad it was posted at the bottem it said, "car is sold, as is,", he test drove it and left. what im thinking he did was overheat the car on his long drive home and messed the car up and now he is pissed cuz he tryed telling me he would take half his money back and give me back the car, im trying to pay for a wedding so i told him he bought the car as is, sorry. If i have to go to court then im sure i will be fine but im just double checking.
I believe it works the same in Washington as it does in the UK for private sales - "buyer beware". I'd maybe check with someone local though. If that is the case, have no more communication with the buyer - none, zero, nada, zilch...this is the one bit of advice most of the people asking these questions seem unable to follow - don't respond to text/email, don't answer phone etc. If they continue to try and phone and/or seek to find you physically then contact the police and ask them about harassment.
you can tell him to go do 1 if you want, politely tell him that you are not a dealer and have fun and then never speak to him again.
I sold my Mitsubishi GTO about 10 years ago it was modified and was a lot quicker than standard, the guy i sold it to asked me what the top speed was " i would say 170" i told him, he paid me and left, the next morning i get a phone call at 7 am there was a lot of noise on the other end of the line and it was the guy asking me why i lied about the top end as he was currently going 160 on the motorway and it would not go any faster?
I told him he was a t
t and put the phone down.
I sold my Mitsubishi GTO about 10 years ago it was modified and was a lot quicker than standard, the guy i sold it to asked me what the top speed was " i would say 170" i told him, he paid me and left, the next morning i get a phone call at 7 am there was a lot of noise on the other end of the line and it was the guy asking me why i lied about the top end as he was currently going 160 on the motorway and it would not go any faster?
I told him he was a t
t and put the phone down.Mr serge said:
you can tell him to go do 1 if you want, politely tell him that you are not a dealer and have fun and then never speak to him again.
I sold my Mitsubishi GTO about 10 years ago it was modified and was a lot quicker than standard, the guy i sold it to asked me what the top speed was " i would say 170" i told him, he paid me and left, the next morning i get a phone call at 7 am there was a lot of noise on the other end of the line and it was the guy asking me why i lied about the top end as he was currently going 160 on the motorway and it would not go any faster?
I told him he was a tt and put the phone down.
Ah so you misrepresented the car??? I sold my Mitsubishi GTO about 10 years ago it was modified and was a lot quicker than standard, the guy i sold it to asked me what the top speed was " i would say 170" i told him, he paid me and left, the next morning i get a phone call at 7 am there was a lot of noise on the other end of the line and it was the guy asking me why i lied about the top end as he was currently going 160 on the motorway and it would not go any faster?
I told him he was a t
t and put the phone down.Joking apart I wonder what the legal position is on this, as well with people saying 'runs about 300bhp'. What if it's only 280? I'd feel pretty pissed off if the car was 20bhp down!
I may be wrong but I'm not too sure the three pages of comments are strictly true. When I called trading standards about a car I bought from a dealer they told me even private sales wern't "sold as seen".
I understand "sold as seen" is the process followed at car auctions, but I've also been told this is because you purchase the car as a trader so it isn't a private sale...
Does anybody actually know the legal stance on this?
I understand "sold as seen" is the process followed at car auctions, but I've also been told this is because you purchase the car as a trader so it isn't a private sale...
Does anybody actually know the legal stance on this?
IforB said:
You have no idea how the car has been treated since you handed it over. He may have been screwing around royally.
As already mentioned, you have no legal responsibility for this car now. You aren;t the owner and as it was a private sale, that's it.
I would point them in the direction of the garage that did the work, but that's it.
+1. I would help out by giving him a copy of the receipt for the work done, but that's about it.As already mentioned, you have no legal responsibility for this car now. You aren;t the owner and as it was a private sale, that's it.
I would point them in the direction of the garage that did the work, but that's it.
StottyZr said:
I may be wrong but I'm not too sure the three pages of comments are strictly true. When I called trading standards about a car I bought from a dealer they told me even private sales wern't "sold as seen".
I understand "sold as seen" is the process followed at car auctions, but I've also been told this is because you purchase the car as a trader so it isn't a private sale...
Does anybody actually know the legal stance on this?
Trading Standards often don't seem to have a clue what they are talking about, if you believe all the buyers who can apparently go off and sue the private person they bought a car off that had a problem 6 months later... I understand "sold as seen" is the process followed at car auctions, but I've also been told this is because you purchase the car as a trader so it isn't a private sale...
Does anybody actually know the legal stance on this?
Sold as seen may well not mean much as a subnote to any invoice, but caveat emptor sure does still mean something.
Nick3point2 said:
Ah so you misrepresented the car???
Joking apart I wonder what the legal position is on this, as well with people saying 'runs about 300bhp'. What if it's only 280? I'd feel pretty pissed off if the car was 20bhp down!
"About 300bhp" - 280 is within 10% either way. If the precise power output matters to you, pay to have it tested on a dyno, assuming the seller is happy to let you.Joking apart I wonder what the legal position is on this, as well with people saying 'runs about 300bhp'. What if it's only 280? I'd feel pretty pissed off if the car was 20bhp down!
Do you always assume when buying a used car that unless it has been modified, it will always give its original factory power output? Have you ever noticed any missing horses?
With regard to the Sale of Goods Act 1979, the terms regarding the quality and fitness of the goods extend to:
SoGA said:
Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
With regard to the situation in the O: (Sorry, wrong thread - this was fr the heated seats one). SoGA said:
13 Sale by description.
(1)Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description.
(1A)As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.
(2)If the sale is by sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
(3)A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer.
(1)Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description.
(1A)As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.
(2)If the sale is by sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
(3)A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer.
SoGA said:
34 Buyer’s right of examining the goods.
Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.
35 Acceptance.
(1)The buyer is deemed to have accepted the goods-
(a)when he intimates to the seller that he has accepted them, or
(b)when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.
(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract, and
(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.
(3)Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.
(4)The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.
(5)The questions that are material in determining for the purposes of subsection (4) above whether a reasonable time has elapsed include whether the buyer has had a reasonable opportunity of examining the goods for the purpose mentioned in subsection (2) above.
As for what constitutes a "reasonable time", no specific duration is mentioned.Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.
35 Acceptance.
(1)The buyer is deemed to have accepted the goods-
(a)when he intimates to the seller that he has accepted them, or
(b)when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.
(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract, and
(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.
(3)Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.
(4)The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.
(5)The questions that are material in determining for the purposes of subsection (4) above whether a reasonable time has elapsed include whether the buyer has had a reasonable opportunity of examining the goods for the purpose mentioned in subsection (2) above.
SoGA said:
59 Reasonable time a question of fact.
Where a reference is made in this Act to a reasonable time the question what is a reasonable time is a question of fact.
Where a reference is made in this Act to a reasonable time the question what is a reasonable time is a question of fact.
Edited by Zwoelf on Monday 18th July 11:53
OP,
Legal position aside (which is tell her to do one)...
If you still had the car, you'd be straight round to the garage pointing out a clutch should last longer than 3k miles. With your receipt, the kid / mother can do that.
The garage will easily spot if the lad is in fact telling orkies, and he melted it doing a failed burnout - either way it's not your problem. I would let the wife have the receipt though, if it wasn't already in the history file.
Legal position aside (which is tell her to do one)...
If you still had the car, you'd be straight round to the garage pointing out a clutch should last longer than 3k miles. With your receipt, the kid / mother can do that.
The garage will easily spot if the lad is in fact telling orkies, and he melted it doing a failed burnout - either way it's not your problem. I would let the wife have the receipt though, if it wasn't already in the history file.
Without any real details I am getting the picture that the car was bought by a youngish lad, late teens early twenties. Possibly mum is involved as their offspring never do anything wrong and 'Our Albert would never in a million years buy a modified car and rag the tits out of it at the first opportunity to try and impress his mates, but due to his over exuberance or lack of experiance/mechanical sympathy trash the clutch doing something increadibly stupid'.
Well thanks you guys, i guess if i get something in the mail about going to court I will, and im gonna let him have it right back, since he did recored our conversation without my consent and I didnt know he was doing it till he told me the next day, thats illegal over here and if he trys to use it in court even tho there is nothing said on it because i remember everything i said, im gonna tell the judge that he is trying to use illegally obtained evidence, That should be fun for him haha. 
Your laws are totally different to ours, similar caveat emptor clause for private sales though I expect. Find a [presumably] US forum and see what they say rather than relying on guessed stuff!
TheEnd said:
Check the dates before posting a reply, people!
it's a carry on by someone with a similar question who got here by using the search!happy diesel said:
Im located in washington state in the US. From what I have read the lemon law applys only to car dealers, and people who give a writen warrenty. I never gave him a warrenty, in my ad it was posted at the bottem it said, "car is sold, as is,", he test drove it and left. what im thinking he did was overheat the car on his long drive home and messed the car up and now he is pissed cuz he tryed telling me he would take half his money back and give me back the car, im trying to pay for a wedding so i told him he bought the car as is, sorry. If i have to go to court then im sure i will be fine but im just double checking.
There are no real workable laws on vehicle warranties in Washington State.Unless the sale was through a licensed dealer and the car was basically dangerous, there is no chance of any legal action.
Most cars for sale at dealers are as is, no warranty. Mechanical warranty isurance is available..at a price
Private sales are always as is, no warranty.
The big issue is the buyer not transfering the title to their name.
If, in the case of your sale, the buyer did not transfer the title (which you should have gone a local DMV and carried out, with the buyer present so they could sign) any tickets, towing charges and storage are your responsibility.
D900SP said:
There are no real workable laws on vehicle warranties in Washington State.
Unless the sale was through a licensed dealer and the car was basically dangerous, there is no chance of any legal action.
Most cars for sale at dealers are as is, no warranty. Mechanical warranty isurance is available..at a price
Private sales are always as is, no warranty.
The big issue is the buyer not transfering the title to their name.
If, in the case of your sale, the buyer did not transfer the title (which you should have gone a local DMV and carried out, with the buyer present so they could sign) any tickets, towing charges and storage are your responsibility.
Ya I took the top part of the title paper that a seller can turn in saying i sold the car to him and went down and took it out of my name and under his, so he will have a problem of a big fee if he dosnt put it under his name fully after so many days. They said down at the DMV im no longer responsable for the car so i should be good pluse i have the paper work from them also. so if i do have to go to court he is just throwing more money down the drain from what i have read from other people and looking around online. Unless the sale was through a licensed dealer and the car was basically dangerous, there is no chance of any legal action.
Most cars for sale at dealers are as is, no warranty. Mechanical warranty isurance is available..at a price
Private sales are always as is, no warranty.
The big issue is the buyer not transfering the title to their name.
If, in the case of your sale, the buyer did not transfer the title (which you should have gone a local DMV and carried out, with the buyer present so they could sign) any tickets, towing charges and storage are your responsibility.
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