Good evening everybody.
I am a new member to the site, so hello! I've heard good things about LegalBeagles and I hope somebody here may be able to help me with what I hope doesn't turn out to be a financially painful experience for me, I'll itry and provide as much detail as necessary, but keep it to the point... oh - and I'm a private seller. No history of selling cars other than when I've changed my own personal car.
Last summer, I bought a 2005 Toyota Land Cruiser (100 Series 4.2TD for those who care) for £17,000. I paid for it outright from a combination of savings and a small inheritance from a Grandparent who had recently passed away. I thought it was an ideal vehicle as I was working outside of the city in the construction industry and had a company vehicle for most of my mileage. It was more of a toy than anything else, to go and see family in the countryside, go on climbing trips and enjoy a big comfortable 4x4. In November, I was offered a new job in a different industry, working in the centre of the city. I would not be provided with a work car and therefore needed to have something more economical. I decided to travel between November and December - nothing like a decent break to make sense of the world...
When I returned, with a little more clarity, I realised it was pointless paying the extortionate VED/insurance and FUEL!! etc on the big truck and to downsize to a more conventional estate car. So I put the Land Cruiser on eBay classifieds, and it sold the next day.
I've copied the ad in .pdf format to the post for your information.
The buyer came down with his daughter to look at it, we went on a 20 minute or so drive, I showed him the MOT certificate and the pretty extensive paperwork predating my ownership, etc. and after he 'went off to have a think' for half an hour or so, we agreed on a price of £15,000 (£1500 lower than my original asking price). [These things do hold their value well!] He drove it back to his home 2 hours or so away and texted me to let me know he'd got home safely and asked something about the 'change light' (I still don't know what this is). and I thought no more of it.
A day or two later, he had called me a few times, but I had been busy and am not in the habit of checking voicemails often. I never saved his number and I tend not to answer calls to unknown numbers. Approximately 5 days after the sale I checked my voice messages, and found a rather irate voicemail stating I should return his calls "or else he would have to take further action", but not telling me what the call regarded. Concerned, I immediately called him back and he said he had had his mechanic (I understand he is a farmer with a number of vehicles) check it over. A number of faults had transpired to be present.
These, I was told, included:
- leak in fuel tank when full;
- some fluid visible around brake pipes;
- battery light had come on at some point during his drive home.
I thanked him for letting me know, reminded him he had privately purchased a 14 year old used vehicle with 136,000 miles on it, and provided him with the details of the MOT centre from its last MOT (August 2018, no advisories and done not many miles covered since).
I heard nothing for roughly two weeks until this evening, when I received the following text:
"Hello [my name], Keeping you up to date with the Toyota, Replaced all the front break pipes, new fuel tank (£350 plus fitting) all new suspension pipes (£1200 plus fitting), alternator, and I've only driven it back from [my home city] so far, I will send you copies of the final bills and will be seeking some compensation, sorry for the bad news. I hope you understand. Thanks [buyer's name]" [sic].
Essentially, I am worried that he will chase me for costs associated with his repairs. I do not believe I am liable for them. We test drove the car (I drove it as he was not insured), it ran, stopped, started etc as it should and he was evidently satisfied. I showed him all of the 'gadgets' in it working, was very honest (it had been completely reliable for me), and his reasoning for 'bartering' the price down was that, as it was a fairly old vehicle, it would probably need some work done on it. I am not a mechanic, nor am I mechanically minded and at no point had, or realistically could I have been expected to, realise the significant presence of any issues he has raised with me. It genuinely drove brilliantly, for a car of the age, mileage and type. It is important to say that I have not offered him any money, nor admitted any kind of liability or fault for any of the issues present.
So what I am asking is, what should I say and do?
I have read a couple of threads on PistonHeads and on MSE which indicate that there have been times that a private seller has been held liable for repairs to privately sold vehicles in the SCC. I was the private owner and holder of the V5 of the vehicle, had the right to sell it, and sold it in all good faith to a buyer who I believe(d) bought it in good faith. To the best of my ability I advertised it clearly and accurately, and do not believe I mis-described the vehicle nor its condition. I do not believe it was misrepresented in the advertisement. I was genuinely unaware of the 'issues' I have been presented with, and its clear MOT from August 2018 enforced my understanding that the vehicle was in good roadworthy condition.
So, what is my likely legal standing in this situation? I do not have the time nor energy to deal with SCC proceedings, I do not have money to throw at this to 'make it go away' (and nor would I want to even if I did have the money) and whilst so far I have tried to be courteous and polite, I feel the buyer is not likely to remain so for much longer if I refuse to 'compensate' him. He knows where I live, and nothing would stop him returning here, although he seemed a nice man when I met him.
Thanks for reading my essay, and thank you in advance for your replies.
I am a new member to the site, so hello! I've heard good things about LegalBeagles and I hope somebody here may be able to help me with what I hope doesn't turn out to be a financially painful experience for me, I'll itry and provide as much detail as necessary, but keep it to the point... oh - and I'm a private seller. No history of selling cars other than when I've changed my own personal car.
Last summer, I bought a 2005 Toyota Land Cruiser (100 Series 4.2TD for those who care) for £17,000. I paid for it outright from a combination of savings and a small inheritance from a Grandparent who had recently passed away. I thought it was an ideal vehicle as I was working outside of the city in the construction industry and had a company vehicle for most of my mileage. It was more of a toy than anything else, to go and see family in the countryside, go on climbing trips and enjoy a big comfortable 4x4. In November, I was offered a new job in a different industry, working in the centre of the city. I would not be provided with a work car and therefore needed to have something more economical. I decided to travel between November and December - nothing like a decent break to make sense of the world...
When I returned, with a little more clarity, I realised it was pointless paying the extortionate VED/insurance and FUEL!! etc on the big truck and to downsize to a more conventional estate car. So I put the Land Cruiser on eBay classifieds, and it sold the next day.
I've copied the ad in .pdf format to the post for your information.
The buyer came down with his daughter to look at it, we went on a 20 minute or so drive, I showed him the MOT certificate and the pretty extensive paperwork predating my ownership, etc. and after he 'went off to have a think' for half an hour or so, we agreed on a price of £15,000 (£1500 lower than my original asking price). [These things do hold their value well!] He drove it back to his home 2 hours or so away and texted me to let me know he'd got home safely and asked something about the 'change light' (I still don't know what this is). and I thought no more of it.
A day or two later, he had called me a few times, but I had been busy and am not in the habit of checking voicemails often. I never saved his number and I tend not to answer calls to unknown numbers. Approximately 5 days after the sale I checked my voice messages, and found a rather irate voicemail stating I should return his calls "or else he would have to take further action", but not telling me what the call regarded. Concerned, I immediately called him back and he said he had had his mechanic (I understand he is a farmer with a number of vehicles) check it over. A number of faults had transpired to be present.
These, I was told, included:
- leak in fuel tank when full;
- some fluid visible around brake pipes;
- battery light had come on at some point during his drive home.
I thanked him for letting me know, reminded him he had privately purchased a 14 year old used vehicle with 136,000 miles on it, and provided him with the details of the MOT centre from its last MOT (August 2018, no advisories and done not many miles covered since).
I heard nothing for roughly two weeks until this evening, when I received the following text:
"Hello [my name], Keeping you up to date with the Toyota, Replaced all the front break pipes, new fuel tank (£350 plus fitting) all new suspension pipes (£1200 plus fitting), alternator, and I've only driven it back from [my home city] so far, I will send you copies of the final bills and will be seeking some compensation, sorry for the bad news. I hope you understand. Thanks [buyer's name]" [sic].
Essentially, I am worried that he will chase me for costs associated with his repairs. I do not believe I am liable for them. We test drove the car (I drove it as he was not insured), it ran, stopped, started etc as it should and he was evidently satisfied. I showed him all of the 'gadgets' in it working, was very honest (it had been completely reliable for me), and his reasoning for 'bartering' the price down was that, as it was a fairly old vehicle, it would probably need some work done on it. I am not a mechanic, nor am I mechanically minded and at no point had, or realistically could I have been expected to, realise the significant presence of any issues he has raised with me. It genuinely drove brilliantly, for a car of the age, mileage and type. It is important to say that I have not offered him any money, nor admitted any kind of liability or fault for any of the issues present.
So what I am asking is, what should I say and do?
I have read a couple of threads on PistonHeads and on MSE which indicate that there have been times that a private seller has been held liable for repairs to privately sold vehicles in the SCC. I was the private owner and holder of the V5 of the vehicle, had the right to sell it, and sold it in all good faith to a buyer who I believe(d) bought it in good faith. To the best of my ability I advertised it clearly and accurately, and do not believe I mis-described the vehicle nor its condition. I do not believe it was misrepresented in the advertisement. I was genuinely unaware of the 'issues' I have been presented with, and its clear MOT from August 2018 enforced my understanding that the vehicle was in good roadworthy condition.
So, what is my likely legal standing in this situation? I do not have the time nor energy to deal with SCC proceedings, I do not have money to throw at this to 'make it go away' (and nor would I want to even if I did have the money) and whilst so far I have tried to be courteous and polite, I feel the buyer is not likely to remain so for much longer if I refuse to 'compensate' him. He knows where I live, and nothing would stop him returning here, although he seemed a nice man when I met him.
Thanks for reading my essay, and thank you in advance for your replies.
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