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Vehicle buyer not happy - advice needed

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  • Vehicle buyer not happy - advice needed

    Hi everyone, first post here. Sorry for the information dump!

    I'm in a bit of a pickle and really unsure what to do or where I stand.
    I recently listed a horse box for sale on eBay. Here is the description word for word.

    76k miles.
    Professionally converted in 2010 and owned since.
    3.5 tonne so can be driven on normal licence.
    Lots of history and mechanically well looked after. Paint work is showing signs of age but in ok condition considering type and age of vehicle.
    Can fit up to 16.2 hh or two smaller ponies.
    Fresh clean MOT - expiry 31 January 2022
    Air blower in cab only works on the lowest or highest setting.
    £8000 ono

    I received an offer from a buyer in Cumbria of £7400 which I accepted. No questions were asked, no inspection etc, just an offer to buy. Bear in mind, we are based in East Sussex, so quite a journey.
    So we agreed a date for them to travel down and collect and to be honest I was somewhat expecting it not to happen as I've had timewasters etc on eBay before. However the husband of the buyer turned up as planned.
    Between having the fresh MOT put on and the sale, the van had sat on the drive and wasn't used. When I started to get it ready on the day of collection, I noticed that the radio had stopped working (it has always worked perfectly). So when the buyer arrived, I explained that I can't understand why it happened and apologised, taking another £150 off the price as I'm sure it was probably something as simple as a fuse! We had a quick walk around the van, a look inside, started it up etc. The buyer didn't want to take it for a test drive and didn't even lift the bonnet/look underneath/inspect it in any great detail. One thing he did spot was the drivers locking mechanism probably needed replacing (I'm no mechanic, in fact it's all pretty alien to me) so we agreed a further £150 off. So the final purchase price was £7100. Everyone was happy, money paid via transfer, documents handed over etc. In all, the buyer was there probably about 30 mins.
    Whilst he was there, I explained that we had hardly used it in the 11 years we had it, only putting 8000 miles on the clock and it's just sat around for pretty much 2 years only driving to be MOT'd and back. This didn't seem to put him off etc. I was very honest and upfront with everything. He said he was a motor dealer in a previous life so knew what to look for, and that they had found the vehicle on the conversion website in their gallery and had done all the checks they needed etc.

    So everyone seemed happy until I get a text about 2 hours later saying that he has broken down on the M25. He sent a photo so I knew he wasn't trying it on. Obviously I was shocked and a bit embarrassed thinking "oh god have I missed anything obvious". Turns out the alternator belt had snapped so they had to get that repaired overnight, so he had to stay in a hotel to carry on the next day. I said "I'm really shocked to hear that, I can only assume that where it's been sat around for so long it may have perished?". That was the best idea I could come up with after googling potential causes!
    The next day, another text. The headlights turn off when the indicator comes on! At this point I'm really thinking...what is going on here! I replied back "it has a fresh clean MOT and wasn't used since. If it had that problem, then it wouldn't have passed it's MOT?".
    So eventually they arrive back home in Cumbria and I get the inevitable, getting a mechanic to look at it this week. I didn't reply back to this.

    Yesterday, I get a text message saying on top of the £595 they spent getting it home, the mechanic has had to replace 3 injectors today. He went back through the MOT history and apparently it was clocked in 2008. They are seeking advice.
    As you can imagine, this absolutely shocked me. But they sent me a photo and I did go onto the gov website to check and yes, in 2009 at MOT it was listed as 174,865 and in 2010, 68,062 miles. I'm actually pretty heartbroken. When we purchased the van, it was from a professional conversion company who is still operating today. However we received no paperwork with it and this was back when well, checking online wasn't as well known or easy today. Naively we didn't even bat an eyelid considering we were buying it from a reputable company. We've had no reason to check that far back online so we honestly didn't know this was the case! Obviously we purchased the vehicle after this "clocking" had occurred, and since then we have saved every bit of paperwork for repairs/maintenance etc which was handed over when we sold it. The buyer didn't check this by the way! Just put it all in his bag.

    To be honest, I'm really A, sad this has happened and B, worried! The van was sold in good faith, and only because our horse is too old to travel and it's just been sitting around! The buyer and I signed a copy each of a receipt each (the AA buyer/seller contract one) detailing the agreed negotiated price and why I had taken the extra £300 off. We have a copy each. It states "It is understood by the purchaser that the vehicle is sold as seen, tried and approved without guarantee."

    I replied back this morning to the message stating: we purchased from the company in good faith, if it was clocked it was done prior to our ownership and we had no idea. I stated I advertised the van accurately, and provided all the history and work we have done on it. We had a clean MOT put on (and it wasn't used in the month since) so it was deemed roadworthy. That they had said they'd done the checks etc prior to purchase. Reminded them it was a private sale and I'm not a trader or a mechanic and we both signed a receipt stating sold as seen".

    I was trying to draw a line underneath it.

    They have since replied back "yes but it's still not as described. I'm really sorry but I will be making a claim through eBay and a solicitor".

    I really don't need this in my life right now. It's making me feel like a crook when I'm anything but. Had it not been for the mileage issue, I would have been fairly confident sympathising with them but stating, bought at distance without viewing or test etc. Sorry but I'm not paying anything.
    However, where do I stand with the issue that it was clocked (before my ownership) but I didn't know about it myself? I'm not trying to pull the wool over anyone eyes, or con someone. I'm honestly shocked about what's happened. We were even considering keeping the van at one point to convert back into a van! We had no idea about this. But part of me also thinks, that a buyer should do appropriate checks etc themselves prior to purchase, especially at distance?

    How should I respond to this, if at all?

    Any advise would be greatly appreciated.

    Thank you.
    Tags: None

  • #2
    It's sold as seen, in writing so it's a case of buyer beware and not your problem. I'll expand on this later.
    Last edited by EnglandPi; 12th March 2021, 11:32:AM.

    Comment


    • #3
      Originally posted by EnglandPi View Post
      Was there any paperwork / emails involved with the sale like Sold as Seen etc?
      No emails or questions prior to purchase. Just an offer on eBay that I accepted.

      On the day of purchase, I provided them with all our receipts from 2010 (when we got the van, it didn't have any history when bought it) but the buyer didn't even inspect them. I showed him round the van and was honest and upfront about a couple of extra things I/he had spotted and such further money was taken off. He didn't open the bonnet, look in or around the engine bay, under the vehicle or take it for a test drive. I assume they had pre-insured the vehicle prior to purchase as he drove it off straight away.
      After the money was paid via bank transfer, we both signed the AA car buyers contract that you can download from their website. I listed on it the mileage (as per the dashboard), total price paid, noting what we had taken the extra off for. We both signed the 2 copies so we have one each, both are identical. The contract states, "It is understood by the purchaser that the vehicle is sold as seen, tried and approved without guarantee".

      Comment


      • #4
        Originally posted by EnglandPi View Post
        It's sold as seen, in writing so it's a case of buyer beware and not your problem. I'll expand on this later.
        Thank you

        Comment


        • #5
          I sold a vintage Land Rover to a "reputable" dealer once. Signed "sold as seen" and taken away. A day or so later I got the "not as described" email (it was) and all sorts of threats to take me to court. My response was that I was more than happy and looked forward to seeing him there. I heard nothing more. Ebay is a different thing I know and there are other issues but it seems to be a common ploy...

          Comment


          • #6
            In my opinion for what it's worth, you have offered the vehicle for sale as seen and approved by the buyer, now this is the usual situation arises when the buyer tries to extract money back, there is no point in being told that the vehicle has developed faults once BOUGHT AS SEEN and accepted, how do you or I know how the vehicle was driven on the return journey ?, it is as said Caveat Emperor, in common words BUYER BEWARE they inspected the vehicle, and you refunded money once small faults were developing / showing, personally you sold in good faith that is the end of the problem, as for clocking that was done before you bought the vehicle, and so you have not committed any offence.

            Comment


            • #7
              Hi all,

              Thanks for your thoughts so far. Just an update:

              I haven't replied to the last text message I was sent.
              I have received a message on eBay from the buyer basically listing the issues they have found with the vehicle since purchasing.
              They are demanding a full refund, plus £1000 already spent on the vehicle for roadside repairs/work already carried out by their mechanic. No mention of giving the vehicle back.

              I am planning on replying with something along the lines of: reiterating the points I have already made, stating signed as sold as seen and that I will have no further communication with them.

              Comment


              • #8
                Sold as seen, the onus was on them to carry out all checks. Fan belt is a wear and tear item, as is clutch, tyres etc.

                Comment


                • #9
                  Yes I think that is the way to go TF03. Is there ahy way that Ebay would refund this person and chase you? I don't use it much so am not sure. If so you will need to do something about it before the other party does!

                  Comment


                  • #10
                    Presunably fe paid you in cash (not paypal/card/cheque/etc). From a legal point of view you are a private seller so not obliged to do anything.

                    As has already been said: Caveat Emptor - let the buyer beware.

                    Comment


                    • #11
                      efpom

                      Comment


                      • #12
                        The buyer complaining to eBay won't help him get a refund.

                        To take advantage of their buyer protection policy the buyer
                        • You must complete and pay for your purchase on eBay.co.uk using an eligible payment method at checkout;
                        • eligible payment methods:
                        • Credit card or debit card
                        • PayPal or PayPal Credit
                        • Apple Pay or Google Pay

                        Comment

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