Private car selling rights

[xvickyx]

Hi

I sold my 1986 Golf GTI CC (24 years old) on the 25th May 2010.

The buyer came from London to come and view, didn’t test drive the car, just looked around and asked if it started and ran OK, which it did.

He emailed the day after saying it had cut out on his way home. The car was “sold as seen and tested”

I hadn’t heard from him since, but on the 26th June 2010 he emailed to say that he has fixed a cutting out problem at a cost of £245 and that he had rights as my advert was not “as described”

At the time of selling the car did run perfectly with no cutting out, so it was not misleading in any way and a perfect representation of how the car was working for us at time of sale.

He has also text me on my phone today to say that I have until Friday 2nd July to respond or he will start court proceedings.

Are you able to advise me on what to do next?

Thanks

[elbmek]

Re: Private car selling rights

I bought a citroen xsara from norwich via ebay (licenced dealer) who offered it with zero warranty although I argued that 3 months was the norm - might be right, might be wrong. But it was such a nice car I decided to take it, especially as I had gone such a long way. There was an indentifiable fault, the fan would not shut off. I took the car and drove it to a citroen dealer in Norwich who were very helpful but said I needed a complete new temperature control module (£300 fitted). I had no comeback, no warranty, so paid it and went home with an operating temp control. What I didn't know was that, as it was January, the air con was not working. I put it on at the beginning of the hot spell - and it was blowing hot air. Fixed, working great - my responsibility end of. I At the beginning of this month, I broke down in nottingham, but as I has full recovery, and a half hour later was on my way home via Green Flag. It was a split pulley wheel (which had been breaking slowly for quite some time) and missed on a Citroen dealership service. I went to a recommended small independent garage who fixed it at minimal cost. I stay with him now, no more dealerships.

Buying from a private seller is very much a risk also. A friend of mine on Merseyside travelled to Nottingham to buy a car for his daughter, on the way back the gearbox fell off!!

Buying as seen is very dangerous, as you can see from the two examples above. I recommend, and did not do myself, that you pay £130 or so for an RAC man to have a look at it. The examination is very thorough and you can easily see if its worth it, or renegotiate price on the basis of his report. It also saves you a trip if the report is bad.

The bottom line is its is your money, its up to you.

[Guest]

Re: Private car selling rights

It is unlawful for a dealer not to offer a warranty. This is a breach of the Sale of Goods Act 1979 among others as this Act applies to second hand goods also.

In your case, since you did have a problem, the dealer may be guilty of committing an unfair commercial practice, which is a criminal offence.

Did the dealer inform you of the fault with the fan before you purchased the car?

Regarding purchasing from a private seller. Buyers again have rights, for example, in the case of your friend, it is a criminal offence to sell an unroadworthy car and the seller would also be responsible for giving a false description, even if they believed it to be true.

There is an excellent factsheet here, http://www.adviceguide.org.uk/c_secondhand_cars.pdf from the Citizens Advice Bureau.