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I sold a vehicle recently (I'm a private seller). It had an MOT issued approx 6 weeks previously. MOT had advisories for 2 tyres which I informed any potential buyers of, and offered to either replace the tyres prior to purchase or discount the cost from the purchase price.
It is an old vehicle (over 20 years old) and it had over 140000 miles on it. I disclosed to the buyer everything I knew about this vehicle, which I had owned for 2.5 years, including telling them that I had recently had an independent inspector view it on behalf of a client. I have not seen their report but was told verbally by the inspector that there was nothing on it that was structural or dangerous, nothing that would fail an MOT but it had a lot of rust and he would be advising his client not to buy it because once a vehicle has rust, it is a costly process to keep on top of it. I told the buyer about this before they came to view as they were travelling some distance and bringing a mechanic, and I did not want to waste their time and money if they were expecting to find it in better condition than it was. I photographed the areas of rust that were causing concern and emailed them to the buyer, and I have an email chain with them regarding this.
Buyer and their mechanic came out to view it. Mechanic found one issue that he claimed should have been an MOT failure, although it could have happened since the MOT, but said it was a minor part (£5 ish) to replace. Apart from that he listed a few items that he would advise they need to get done and thought on the whole with a bit of TLC they would be able to keep it on the road for a few years yet. Mechanic estimated it would need £600 spent to do these repairs. We negotiated a price of £750 less than the asking price to include this work and the 2 tyres which I knew would need replacing. Both of us were happy with this.
Buyer purchased the vehicle the following week. I issued a receipt for each of us stating "sold as seen, tried and tested" which we both signed. Buyer drove the vehicle some 100+ miles home and sent me a text to say they were back safely and all was good.
A few days later the buyer took the vehicle into her local garage (not the same mechanic as who viewed the vehicle). They've got it up on the ramps and listed a number of items that they say are MOT fails. They have been quoted a cost of £1300 to make it roadworthy. Buyer has contacted me to say the vehicle is unroadworthy and have stated they would ideally like me to take the vehicle back. I have no use for the vehicle and obviously I'd have to pay to tax, insurance and get breakdown cover, not to mention costs to recover it over 100 miles if it's not roadworthy.
Buyer has reported my garage to VOSA/DVSA and is in the process of getting an independent MOT done on it to prove it is unroadworthy.
As the seller of the vehicle, where do I stand with this? One of my concerns is that the vehicle is out of my possession and I dont know what prodding/poking her garage may have done that could have made worse any minor issues to the point of an MOT fail. Also that the buyer can influence the garage they are taking the vehicle to for an independent assessment by noting all the possible fails in advance.
If the vehicle is found to be unroadworthy, what are my obligations? Do I have to take the vehicle back (which I really dont want to do because of the additional costs involved, the distance away that it is and the fact that I think it will be harder to resell with this in its history). Am I liable for the costs to make good anything that is deemed to be an MOT fail? Can I negotiate and only offer to pay for anything that would have been unidentifiable by her mechanic / on the test drive?
I am an honest person and I believe the buyer realises this. We are both caught up with what her garage says against what mine says. I am distraught to find myself in this situation as I do believe I did everything I could to describe this vehicle accurately, and I never anticipated I could have found myself in this situation.
It is an old vehicle (over 20 years old) and it had over 140000 miles on it. I disclosed to the buyer everything I knew about this vehicle, which I had owned for 2.5 years, including telling them that I had recently had an independent inspector view it on behalf of a client. I have not seen their report but was told verbally by the inspector that there was nothing on it that was structural or dangerous, nothing that would fail an MOT but it had a lot of rust and he would be advising his client not to buy it because once a vehicle has rust, it is a costly process to keep on top of it. I told the buyer about this before they came to view as they were travelling some distance and bringing a mechanic, and I did not want to waste their time and money if they were expecting to find it in better condition than it was. I photographed the areas of rust that were causing concern and emailed them to the buyer, and I have an email chain with them regarding this.
Buyer and their mechanic came out to view it. Mechanic found one issue that he claimed should have been an MOT failure, although it could have happened since the MOT, but said it was a minor part (£5 ish) to replace. Apart from that he listed a few items that he would advise they need to get done and thought on the whole with a bit of TLC they would be able to keep it on the road for a few years yet. Mechanic estimated it would need £600 spent to do these repairs. We negotiated a price of £750 less than the asking price to include this work and the 2 tyres which I knew would need replacing. Both of us were happy with this.
Buyer purchased the vehicle the following week. I issued a receipt for each of us stating "sold as seen, tried and tested" which we both signed. Buyer drove the vehicle some 100+ miles home and sent me a text to say they were back safely and all was good.
A few days later the buyer took the vehicle into her local garage (not the same mechanic as who viewed the vehicle). They've got it up on the ramps and listed a number of items that they say are MOT fails. They have been quoted a cost of £1300 to make it roadworthy. Buyer has contacted me to say the vehicle is unroadworthy and have stated they would ideally like me to take the vehicle back. I have no use for the vehicle and obviously I'd have to pay to tax, insurance and get breakdown cover, not to mention costs to recover it over 100 miles if it's not roadworthy.
Buyer has reported my garage to VOSA/DVSA and is in the process of getting an independent MOT done on it to prove it is unroadworthy.
As the seller of the vehicle, where do I stand with this? One of my concerns is that the vehicle is out of my possession and I dont know what prodding/poking her garage may have done that could have made worse any minor issues to the point of an MOT fail. Also that the buyer can influence the garage they are taking the vehicle to for an independent assessment by noting all the possible fails in advance.
If the vehicle is found to be unroadworthy, what are my obligations? Do I have to take the vehicle back (which I really dont want to do because of the additional costs involved, the distance away that it is and the fact that I think it will be harder to resell with this in its history). Am I liable for the costs to make good anything that is deemed to be an MOT fail? Can I negotiate and only offer to pay for anything that would have been unidentifiable by her mechanic / on the test drive?
I am an honest person and I believe the buyer realises this. We are both caught up with what her garage says against what mine says. I am distraught to find myself in this situation as I do believe I did everything I could to describe this vehicle accurately, and I never anticipated I could have found myself in this situation.
xx
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