Sold car privately, buyer wants money back
Discussion
Raccaccoonie said:
biggbn said:
As it was when Jane's son bought the car. He has been lucky enough to dodge the bullet of having not done HIS due diligence. I can see both sides, neither buyer nor seller completed the checks they should have yet seller has lucked out. Lesson for all.
A private seller doesn't have to do any "checks" besides legal right to sell.andymc said:
I sell cars for a living and regularly have people trying to trade write offs in and claim they didn't know, the fact they bought it at half price is usually a giveaway
Indeed. The OPs story that she was acting for a son who is out the country and willing to sell the car cheaply ("they got a good deal because he was moving to Australia") and it then turns out it's a cat car that she couldn't possibly have known about has several markers of an iffy story. But roll the dice and see what the court says. Or offer to split the difference to keep it out of a judgement. deebs said:
Indeed. The OPs story that she was acting for a son who is out the country and willing to sell the car cheaply ("they got a good deal because he was moving to Australia") and it then turns out it's a cat car that she couldn't possibly have known about has several markers of an iffy story. But roll the dice and see what the court says. Or offer to split the difference to keep it out of a judgement.
he could have known it was a cat, he doesn't have to say, unless asked. Edited by Raccaccoonie on Saturday 13th May 15:05
deebs said:
Indeed. The OPs story that she was acting for a son who is out the country and willing to sell the car cheaply ("they got a good deal because he was moving to Australia") and it then turns out it's a cat car that she couldn't possibly have known about has several markers of an iffy story. But roll the dice and see what the court says. Or offer to split the difference to keep it out of a judgement.
Not a story. This is 100% the truth. I really don’t appreciate you implying I am lying. deebs said:
andymc said:
I sell cars for a living and regularly have people trying to trade write offs in and claim they didn't know, the fact they bought it at half price is usually a giveaway
Indeed. The OPs story that she was acting for a son who is out the country and willing to sell the car cheaply ("they got a good deal because he was moving to Australia") and it then turns out it's a cat car that she couldn't possibly have known about has several markers of an iffy story. But roll the dice and see what the court says. Or offer to split the difference to keep it out of a judgement. Don’t make this sound like it’s a 50/50 chance of the OP winning.
Court cases are never open and shut, no matter the circumstances, but I’d be stunned if the buyer’s case was anything other than quietly sniggered at if the OP has given us the complete story.
Even if the OP did know it was a Cat car (which they say they didn’t) there’s still no obligation to reveal that. It’s on the buyer to complete due diligence.
Edited by Muzzer79 on Saturday 13th May 15:42
sandman77 said:
Where was it advertised? Can we see the advert?
It was advertised on Facebook. I took It down after it was sold cos I was still having messages about it even though I put sold on it. I’ve tried to see if I can get it back or find it somewhere but looks like it’s gone. Any ideas if it gets stored somewhere? Thanks
Plainjane91 said:
I am hoping that the buyer has kept the ad to be honest
Yeah but if it helps your case they are unlikely to produce it. From the advice on here it sounds like you have nothing to worry about anyway. I personally would feel bad about unwittingly selling someone a written off car and offer to share the financial loss with them but that’s just me.
The buyer doesn't have a leg to stand on IMO.
First thing to do if you are looking at buying any car is get a HPI / car vertical report in your name.
That way you understand the history of the car, any outstanding finance, crash damage etc and the insurance cover that comes with it is yours.
To buy a car without doing so is simply foolish.
It is buyer beware all the way.
As long as the seller does not mislead the buyer (e.g. Provides a knowingly incorrect answer to a reasonable and direct question)
If the buyer has the opportunity to inspect it, test drive it and signed the paperwork in person, then they cannot say they were in anyway mislead and the price paid reflects the vehicle as sold.
They could run away from the deal at any point
There will be no comeback, but you need to respond to the court papers
First thing to do if you are looking at buying any car is get a HPI / car vertical report in your name.
That way you understand the history of the car, any outstanding finance, crash damage etc and the insurance cover that comes with it is yours.
To buy a car without doing so is simply foolish.
It is buyer beware all the way.
As long as the seller does not mislead the buyer (e.g. Provides a knowingly incorrect answer to a reasonable and direct question)
If the buyer has the opportunity to inspect it, test drive it and signed the paperwork in person, then they cannot say they were in anyway mislead and the price paid reflects the vehicle as sold.
They could run away from the deal at any point
There will be no comeback, but you need to respond to the court papers
Raccaccoonie said:
MuscleSedan said:
Some brave comments categorically stating the OP is in the clear. Nothing is cut and dried until it has been heard.
laws that have been tested time and time again for over 100 years, yeh i think, as log as the OP has been truthful is in the clear.
Valuable life lessons here, do your due diligence and don't but from Facebook. I've never even been on Facebook so don't know how it works but it seems strange, and rather awkward that the ad can't be retrieved in any way, shape or form as it may prove integral to the case either way. What's to stop the buyer, if they are crooked, claiming it was advertised as never repaired and claim free? One person's word against another's then? Plainjane91 said:
selym said:
Plainjane91 said:
I am hoping that the buyer has kept the ad to be honest
The ad will be in your marketplace selling history. Marketplace - Sell - Your listings and it should be there.
By some crazy coincidence it appears this has happened to you twice. Once back in March where the only difference was you were selling on behalf of your daughter and not your son.
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