Car dealer threatening action

[Debussyt]

Looking for some advice on our rights re. a traded in car.




We traded in a 2012 Jeep Compass on Saturday 6th March. We had had some problems with it starting in the cold weather but had been fine recently and salesman took it for a test drive and said nothing.




I noticed the Jeep was then on auto trader from at least 18th March, with photos showing it in a showroom and claiming it has an MOT up until March 2022.




Today my husband received a very angry phone call from the owner of the car garage (more than 3 weeks since we sold the car) accusing us of selling the car to him, knowing it had a massive oil leak. He said it was the worst oil leak he had ever seen! There had been absolutely no sign of this when we sold it! The car was also always parked on our driveway and we would have seen any oil leaking out on the stones.




He is threatening to take us to court and claim back for expenses.




Surely if this has happened in the three weeks since we sold the car, we cannot be held liable? Also, it has been advertised on auto trader in their garage saying it is in great condition etc.




Any advice on how to deal with this m, or what our rights are, would be gratefully received.

[R0b]

Based on what you've said, tough luck to the dealer.

The starting point would be caveat emptor i.e. buyer beware. The onus is on the dealer to take a good look at the car and ensure it is to his satisfaction. There's also the point he is a dealer in the car industry and therefore considered a professional, so it would be expected that he has a greater understanding/knowledge than the ordinary person - I would have expected him to thoroughly check the car.

Would also suggest you grab a screenshot of the Autotrader advert as that would be evidence contradicting his allegations should he decide to pursue you to court.

Unless you've omitted something important, it sounds like he has a weak claim and is trying to scare you.

[islandgirl]

I sold an old Land Rover to a dealer and was completely honest about condition. When it was picked up the car was examined and I got the person to sign that it was sold as seen. Couple of days later a similar angry call to the one described claiming that there were things wrong and that I should refund part of the price paid. Lots of court threats. I told him to go ahead and I would be happy to see him there. I heard nothing more...the car was on his site described in glowing terms a day or so later (priced at higher that the price he had paid me) and removed very soon after presumably sold. I think this was something the dealer probably did every time - if he could get a few grand back then it was worth a try for him.