Private Buyer Threatening Small Claims Court

[JJE1]

HI, I would welcome your advice as I am concerned about an unfair claim.

I sold a 31 year old car privately before Christmas (I am a private seller not a dealer nor a dealership). The advert described the car as good overall condition and had been relacquer on the paintwork. The buyer contacted me outside of the original advert and asked a few questions, them main one here being could I describe the paint condition. in response I sent the buyer over 20 close up photographs and explained the paint overall was in good condition but there was some contamination in the lacquer that I suspect would machine polish out. The buyer conceded before buying that he would get a local paint shop to look at the photos, he then came back and agreed that the defects should polish out. I subsequently sent him more photos on the back of which he agreed to buy the vehicle and arrange collection without viewing.

I think its pertinent to mention that the advert invited viewing, and on 2 separate occasions I invited the buyer to view. Its also worth mentioning the buyer "knows" me through a classic car club and has see 2 other classics that I have/had over many years of showing.

1 week after receiving the car the buyer contacted me saying he was disappointed in the paint, and although he believes defects will polish out he simply doesn't want to do it. He also clearly states "having seen my 2 other show cars he assumed the car was of equal quality".

Further to this he has pointed out that one panel swage line is out of line on the front wing to door - and he assumes that this is because it had a bump at some point. Again this is his second point - to which I would say that the car shows no evidence of accident damage, the wing fitment is commensurate with factory fitting and not indifferent to typical wing fit of other cars. There is no history in an extensive history file (the car is a 1 previous owner fully documented car) has no recorded accident damage, has no MOT history indicating the need for panel replacement so his assumption of an accident is just that.

The buyer has also since receipt of the car started working on the car, polishing and also removing side decals (making the wing fit more visible and prominent.

I feel I went above and beyond describing he car and providing photos, repeatedly invited the buyer to view as clearly the quality of the paint was a primary concern to him ( I answered all his questions honestly). This feels more like buyer remorse and a buyer saying the car didnt meet his own expectations rather than my description

Appreciate your thoughts....

[ostell]

As a private seller then it's caveat emptor, buyer beware. As long as you have not been untruthful there is nothing he can do.

He knew work had been done on the paintwork and in places it was not quite up to standard but he accepted that.

[islandgirl]

Agree entirely. What does he want?

[DE DOGS]

Agree entirely. What does he want?

May I suggest ? His money-back ?.

[islandgirl]

Well that is the most obvious possibility. Or the return of the cost of a respray. Or his money plus travel costs to collect and return etc. I would not entertain the claim.

[echat11]

Just in case he (the buyer) makes a claim against you, it's a good idea to keep all the evidence i.e. texts, emails, pictures etc. Write a summary of events.