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Classic car buyer wants refund after private sale

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  • Classic car buyer wants refund after private sale

    #1 Private sale buyer wants refund.

    Today, 14:39:PM
    Hi all I recently sold a classic car which was 38 yrs old in a private sale sold as seen. I have a written receipt with date sold as seen by who to who etc.
    The guy now wants a full refund after having the car for 10 days.
    He did ask if the car had rust in a text to me. I said there is no rust, meaning the bodywork and then went on to say the underside of the car had been undersealed
    and was OK as far as I could see. He was ok with this and bought the car after his friend who owned a classic car and had worked at a classic car garage had inspected it. They were at my property for 4 hours in all.
    The guy honestly had no idea how to even start the car. I think he must have push button ignition on his car. He started the car revving it to the point of really screaming and kept the key turned so the starter was still engaged. He did this twice. His friend and I had to have words with him about it.
    Later that day he sent a text saying how pleased he was and had been out for an evening drive etc.
    10 days later he wants a refund as he took it to his mechanic who says its got corrosion under neath everywhere and is mechanically dangerous. He didn't explain why. He asked for a date he could return the car. I've told him I will not accept the car back and I could not be expected to see corrosion under the car. Bear in mind his friend checked it too and it had 9months MOT with no mention of corrosion. I just feel if you pay a garage to look for issues they will find them especially on an old car.
    My only real worry is I said no rust( which to the bodywork there wasn't. ) but could I be expected to know if there is corrosion underneath. I have blocked his number now as he kept texting quoting this act and that act. I have a feeling it's to go to small claims. I can honestly say as far as I was aware the car was fine. Surely that is what the MOT inspection is for. Do you guys know for sure if your own car is OK underneath. I think he has changed his mind about owning a car he has no clue about and is looking for a way out. I wouldn't be happy taking a car back after seeing how he treated the engine. I feel I should fight my corner on this. Any thoughts please. Thanks.
    Tags: None

  • #2


    If he is attempting to reject the car on the basis of your innocent misrepresentation ("I said there is no rust, meaning the bodywork and then went on to say the underside of the car had been undersealed and was OK as far as I could see"), IMO he would be unsuccessful.
    You said it was rust free, as far as you could see and he had the opportunity (which he took) to have it examined prior to purchasing.
    Like you I'd be surprised if corrosion worsened over a three month period after an MOT when it wasn't even mentioned to cause the vehicle to be described as dangerous

    I'm nosey... so what was the car?
    Mine are a 1971 MGB GT and a 1951 2 ltr AC saloon

    Comment


    • #3
      Thanks. Trouble is I think he's friendly with a garage and I expect a damning report trashing the car. It's a 81 mini.

      Comment


      • #4
        The important point is that in private sales it is for the buyer to beware.
        However the seller must not misrepresent or wrongly describe the item
        Now you said the car was free of rust as far as you could see.
        IMO those words put the buyer on notice that you are not warranting the absence of rust, so there is no misrepresentation.

        It matters not that the claimants garage produces a damning report

        Comment

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