Dealer sold my broken car - any comeback on me?
Dealer sold my broken car - any comeback on me?
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Discussion

brakeson

Original Poster:

5 posts

170 months

Tuesday 1st November 2011
quotequote all
Trying to keep this as short as possible here..

My old car had a suspected headgasket failure. As I needed a bigger car anyway, I took the car to a dealer (work from home sort) who offered me peanuts for it as a P/X for a new car he had. I told him at the time it idled lumpy and smoked a bit, but suggested that he take it for a test drive to make his own mind up (which he did).

2 Days later he puts it on Autotrader and it sells for £500 more than he paid me in PX.

A week later I get a letter from the new owner asking if I was aware of any issues with the car and for a copy of the service history.

As the dealer has a "no returns, sold as seen" policy. I'm wondering if the new owner is maybe angling to try and get me on the hook for the issues with his new car.

Is that possible, should I reply and tell him the dealer stitched him up? Would it even matter as the dealer has shielded himself from any come-back and it's essentially the buyers fault for not getting it inspected.

Soovy

35,829 posts

292 months

Tuesday 1st November 2011
quotequote all
brakeson said:
Trying to keep this as short as possible here..

My old car had a suspected headgasket failure. As I needed a bigger car anyway, I took the car to a dealer (work from home sort) who offered me peanuts for it as a P/X for a new car he had. I told him at the time it idled lumpy and smoked a bit, but suggested that he take it for a test drive to make his own mind up (which he did).

2 Days later he puts it on Autotrader and it sells for £500 more than he paid me in PX.

A week later I get a letter from the new owner asking if I was aware of any issues with the car and for a copy of the service history.

As the dealer has a "no returns, sold as seen" policy. I'm wondering if the new owner is maybe angling to try and get me on the hook for the issues with his new car.

Is that possible, should I reply and tell him the dealer stitched him up? Would it even matter as the dealer has shielded himself from any come-back and it's essentially the buyers fault for not getting it inspected.
1000% not your problem.

Dealer cannot do "sold as seen" - it is HIS problem.

Dog Star

17,212 posts

189 months

Tuesday 1st November 2011
quotequote all
brakeson said:
As the dealer has a "no returns, sold as seen" policy.
He can have a "I only sell cars to bikini babes with machine guns" policy as well, for all the weight that carries.

StottyZr

6,860 posts

184 months

Tuesday 1st November 2011
quotequote all
First response answered your question fully OP. Not your responsibility. The dealer will have to foot the HGF bill as the car was sold un an unworthy condition.

illmonkey

19,496 posts

219 months

Tuesday 1st November 2011
quotequote all
Reply stating you were aware, and you made the dealer aware, of the HG problem. And for the new owner to chase it up with the dealer.

Not your problem, how could it possibly be?!

richard300

1,086 posts

230 months

Tuesday 1st November 2011
quotequote all
I thought there was no such thing as 'no returns' 'sold as seen' etc, when it comes to dealers/traders etc.... Just ones basic consumer rights 'fit for purpose' etc, etc gave a buyer at least a glimmer of hope against being stitched up by some of the more unscrupulous types...


brakeson

Original Poster:

5 posts

170 months

Tuesday 1st November 2011
quotequote all
Thanks boys. So on that note should I be forthcoming with all of the info to the new owner?

My only remaining worry is that the dealer will jump me down a dark alley. He was a giant, and not one who's first language was English.

Codswallop

5,256 posts

215 months

Tuesday 1st November 2011
quotequote all
Let the new owner know that you knew the car had a potential issue, and inform them that the seller is liable as a trader. Point them in the drirection of PH or citizens advice if they need more advice on how best to proceed.

iamed

262 posts

195 months

Tuesday 1st November 2011
quotequote all
I don't think the OP is asking whether it is 'his problem' or not, more that, should he (or would you) 'get involved to help the buyer against the dealer, because of the apparent injustice suffered by the buyer'.

mike325112

1,072 posts

205 months

Tuesday 1st November 2011
quotequote all
brakeson said:
Thanks boys. So on that note should I be forthcoming with all of the info to the new owner?

My only remaining worry is that the dealer will jump me down a dark alley. He was a giant, and not one who's first language was English.
It might be bad form, but I think I'd ignore any request for information to be on the safe side.

JonnyFive

29,738 posts

210 months

Tuesday 1st November 2011
quotequote all
Why don't you just tell the new buyer to take it up with the dealer.. Don't get involved, much easier.

anonymous-user

75 months

Tuesday 1st November 2011
quotequote all
JonnyFive said:
Why don't you just tell the new buyer to take it up with the dealer.. Don't get involved, much easier.
This is the correct advice. There really is no need for you to get involved with the new owner. A simple reply confirming you sold the car to 'x' dealer on 'y' date should suffice.

philmots

4,660 posts

281 months

Tuesday 1st November 2011
quotequote all
JonnyFive said:
Why don't you just tell the new buyer to take it up with the dealer.. Don't get involved, much easier.
^This is what i'd do.

LuS1fer

43,088 posts

266 months

Tuesday 1st November 2011
quotequote all
There is no comeback on you. The new buyer seems to have been tucked up. Ask yourself if it happened to you, would you like the last owner to help you get your money back. I would but I do have a wide moral streak running through me.

brakeson

Original Poster:

5 posts

170 months

Tuesday 1st November 2011
quotequote all
JonnyFive said:
Why don't you just tell the new buyer to take it up with the dealer.. Don't get involved, much easier.
I guess I really just don't want the hassle of potentially being drawn into it all.

For example, what if the dealer lies saying he wasn't aware of any problems with the car. Do I then become the target for abuse?

Soovy

35,829 posts

292 months

Tuesday 1st November 2011
quotequote all
brakeson said:
JonnyFive said:
Why don't you just tell the new buyer to take it up with the dealer.. Don't get involved, much easier.
I guess I really just don't want the hassle of potentially being drawn into it all.

For example, what if the dealer lies saying he wasn't aware of any problems with the car. Do I then become the target for abuse?
How many times.

NOT your problem.

Tell the owner to take it up with the dealer.


StottyZr

6,860 posts

184 months

Tuesday 1st November 2011
quotequote all
^^ I've been told many times Soovy knows his stuff. He will be correct.

LuS1fer

43,088 posts

266 months

Tuesday 1st November 2011
quotequote all
No you don't. You can supply information but you are under no onus to do anything more. Your reticence might actually suggest you weren't entirely honest with the dealer. I suspect that all the buyer is trying to do is get some form of lever to return the car.

brakeson

Original Poster:

5 posts

170 months

Tuesday 1st November 2011
quotequote all
Ok guys, I'll send the new owner a letter back saying something like: "Yes I sold the car because it wasn't running right, I made the dealer aware of this, the dealer has all of the service history for the car." and leave it at that.

StottyZr

6,860 posts

184 months

Tuesday 1st November 2011
quotequote all
Would it be a stupid idea to direct the new owner to this thread? scratchchin