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Seeking Advice: Issues with Car Buyer Demanding Money Post-Sale

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  • Seeking Advice: Issues with Car Buyer Demanding Money Post-Sale

    Hi everyone,

    I need some advice regarding a recent car sale and the subsequent demands from the buyer. Here’s the detailed situation:

    In February 2024, I purchased a BMW M4 that had several issues not mentioned in the description. I spent £1650 to rectify these, including replacing the valvetronic motor, servicing, fixing the ABS sensor, and addressing a water ingress issue which flooded and damaged the amp.

    I listed the car for sale at £18,000 and a buyer contacted me via Facebook. He inspected the car twice, test drove it extensively, and noted some paintwork issues. After negotiations, we agreed on £16,000. The buyer inspected the car with his associates for a significant amount of time during both viewings.

    On 9th July, the buyer and his friends thoroughly checked the car, including starting it and running it for 30 minutes. They even drove it hard during the test drive, and the buyer confirmed the car was mechanically sound but had concerns about the paintwork. On 10th July, the buyer completed the purchase with a part bank transfer and £2500 in cash.

    The buyer called me on the way home mentioning a vibration at 80mph, which he later confirmed was due to the tyres. On 19th July, he contacted me again, claiming the car had smoke coming from the exhaust, misfiring, a vibration from the exhaust, a split CV joint, and a leaking coolant tank. He said the turbo seals needed replacement, costing £2000, and asked me to cover half of this cost.

    I informed the buyer that the car was sold in good faith with no such issues present during the sale and that I am not in a financial position to assist due to purchasing a new house. He then threatened to take the matter to court under the Consumer Rights Act 2015.

    I responded that the car was sold as seen, and any issues now are due to his usage. I have since blocked him based on advice that this might be a common scam.

    On 30th July, the buyer messaged again via Facebook, demanding a resolution and threatening court action. Here’s part of his message:
    "All I’m asking for is a £1000 contribution towards the repairs. My original offer made was £15,000 so by contributing £1000 it will mean the car was bought for my initial asking price and any further problems or expenses I will not bother you with at all. I am even willing to offer, If you need to make 2 instalments of £500 that’s fine I can understand because I know you are going through home renovations. I feel this is more than reasonable as the seller I. This case yourself has the duty of care to cover full cost of repairs or refund the buyer and take the car back UNLESS the car was sold UNFIT for purpose which it was not! I know my rights and I don’t like being taken advantage of, I had full trust in you and this trust was broken from the beginning."
    I am feeling stressed and anxious due to these ongoing demands and threats. I believe that as a private seller, I fulfilled my obligations by allowing a thorough inspection and test drive. The car was sold in good faith, and the issues he claims arose after the sale.

    Here’s my query:
    1. Am I legally obliged to pay anything to the buyer or accept the car back?
    2. Does the buyer have any grounds to take me to court under the Consumer Rights Act 2015, considering I’m a private seller?
    3. How should I proceed if the buyer continues to contact and threaten me?

    Any advice or similar experiences would be greatly appreciated. Thanks in advance for your help!

    Shep.
    Tags: None

  • #2
    One post is enough. I see you have been flooding the forum.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Apologies. My head is a mess with stress and worry. I wasn't sure where to post it. Please delete the other posts if they are in the wrong area.

      Comment


      • #4
        Provided you are a private seller and not a used car dealer (a person or business that buys and sells cars to make a profit), the CRA does not apply
        With private sales, the principle is caveat emptor, let the buyer beware. You gave the buyer plenty of chance to inspect and test drive the car, which he did.
        If the buyer persists in harassing you, you should reply if he doesn't stop you are going to report him to the police

        Comment


        • #5
          Originally posted by Pezza54 View Post
          Provided you are a private seller and not a used car dealer (a person or business that buys and sells cars to make a profit), the CRA does not apply
          With private sales, the principle is caveat emptor, let the buyer beware. You gave the buyer plenty of chance to inspect and test drive the car, which he did.
          If the buyer persists in harassing you, you should reply if he doesn't stop you are going to report him to the police
          I replied with the following and then blocked him:

          I hope this message finds you well. I am writing to address the concerns you have raised regarding the vehicle purchased from me.

          Firstly, I would like to reiterate that the car was sold as seen. It was meticulously inspected by you and your associates on two separate occasions. You expressed satisfaction with the mechanical condition of the car, noting only the paintwork as a concern. The vehicle was sold in good faith, and any mechanical issues that have arisen since the sale were not present at the time of sale and are beyond my control.

          I have consulted with legal advisors who confirmed that as a private seller, I am not bound by the Consumer Rights Act 2015 in the same way a dealer would be. You and your associates had ample opportunity to inspect and test the vehicle extensively, and you even drove it hard during the test drive. All known issues were disclosed, and the vehicle passed its MOT with no advisories before the sale.

          Your recent demands for a contribution towards repairs and threats of court action are causing considerable stress and anxiety for me and my family. I have been advised that this situation borders on harassment and that I am within my rights to report this to the appropriate authorities.

          I kindly ask you to cease any further contact regarding this matter. If the harassment continues, I will have no choice but to take legal action to protect my rights and well-being.

          I wish you all the best with the vehicle and hope you understand my position on this matter.

          Sincerely,

          Comment


          • #6
            That's a good letter. I would be surprised if you hear from the buyer again

            Comment

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