Private car sale/swap issues....

[Danlaw87]

Hi, I am hoping for some help regarding a recent car sale I have been involved in.
The swap took place just 3 days ago. I swapped my 04 plate, 77k mpv for an 08 plate 155k saloon . I also added £300 into the swap.

Both if us test drove each others vehicles, and we're happy. We also conversed that evening via text about how the cars seemed to drive well (he had driven a 45 minute journey home).
Today a light appeared on the 08 dash, which was remedied via a £130 purchase of a new battery. Also today the clutch failed on 04 mpv requiring a replacement clutch (not yet repaired)

I had not attempted redress for the battery issue as I believed sold as seen meant just that. Now the clutch has failed the other party wants to roll back the contract, or for a contribution/total contribution to the replacement clutch.

During our text conversation I have said the vehicles "only issue is a sticky bonnet " during verbal negotiations, the clutch was noted as being high, which I stated truthful that it had been during my ownership (5 monthd) but had driven fine. I also mentioned that the zircon runs warm in ticker and a couple of bodywork issues (scratches) which the other party hadn't noticed.

I guess what I'm asking us what should I do.

[ostell]

Re: Private car sale/swap issues....

Legally nothing. Private sale, no false claims (?), no liability either way. You could mention that you've had to replace the battery (that was expensive!!) so perhaps just call it quits. You could offer to make a contribution to the clutch replacement.

[Danlaw87]

Re: Private car sale/swap issues....

No, no false claims, I was open and honest, even to highlighting body issues he had not noticed. He noted the clutch was high, but still drive it home fine, and the test drive went well.
The only issue I have with my conduct, after reading some bits online regarding car sales. Is me saying "the inky issue is the sticky lock" but then verbally communicating other issues.
I did not know the clutch would fail, but was aware it was high, as was he and this, as I say above was communicated.
I do not wish to offer a contribution for 2 reasons.

1. I am already 500 into the new car (300 from the deal, plus the battery, a vallet, an air con re-gas new number plate (other was cracked) and a couple other sundries. So I'm broke lol

2. When I contacted him initially about the battery light (just asking if he'd ever seen it before, or knew of it was normal) he said no nevery happened to me, sorry, but made no offers (not that I asked considering the caveat emperor state of the sale)

I do however feel for the guy, despite my own expense... but if legally I am fine, I will make my moral peace with it

[Snoopy1948]

Re: Private car sale/swap issues....

From what you say, this is a 'purchased as seen' agreement and there can be no redress on either side. The only rider I would say is if you actually knew that the clutch was failing and didn't mention it. However, proving it is one thing. But in fairness both cars had substantial mileages and both parties should accept this as a caution in the transaction.

[Danlaw87]

Re: Private car sale/swap issues....

Hi 'snoopy. I have very little knowledge of cars. This was my first used car, and though the clutch was high, it always worked (I've done 4k in it in the 5 months I had it).

The buyer is now complaining of a fuel smell in the cabin whilst at standstill. I have no idea what that could be....
But went on to say the car drove fine today.

Im ar a loss as to wgat to say, so have just wis he'd him lucheck, and seby my wis he's that thevery repair i's nit expensive.

[Snoopy1948]

Re: Private car sale/swap issues....

Hi again ... I think you have to take the emotion out of this ... You have already taken on board the battery problem without asking to see the other guys chequebook and I believe he should do the same. This is the swopping of two high mileage vehicles and it seems that the other party is regarding you as a commercial seller with full warranty facilities ... Not so, he is trying it on and I think you need to just establish that these vehicles were exchanged as seen with all known problems admit at the time. Ask said, his only recourse could come from if you misrepresented the vehicle in any way which you state you did not ... You need to start ignoring him otherwise ( and I mean this nicely ) he may feel he can exploit any weakness that you may have ...

[Danlaw87]

Re: Private car sale/swap issues....

Thank you snoopy, I appreciate your words. Also can I apologise for all the type errors in the posts (I'm not sure how you read it!) I'm using a tablet with a poor keyboard.

Thank you, I shall begin to ignore him.