Private car sale help

[a803sgo]

Hello,

I sold a Golf last week (17/9/14) and the buyer paid and collected a couple of days later, he spent 2 hours looking over the car and I ended up taking a hit on the asking price as I needed to get rid and pay the loan back as quickly as possible.

Since he took the car he's been texting me complaining about all sorts of thing like, no oil, noisy starting, smell of petrol - none of these things were a problem when we had it.

And the biggie - the clutches in the DSG are worn and need replacing, he test drove the car and we owned it for nearly 2 years and the gearbox has never been a problem and in fact he said he hadn't noticed any problem with it until the dealers told him otherwise.

He only took it to the dealers because I had told him to do so as the car was due a recall on the DSG and we never got round to doing it before selling.

VW want £750 to fix the gearbox and the buyer wants £300 from me as compensation because he states I knew the problem was there when I sold it.

Do I pay up?

He made subtle threats on the phone ("see you soon" or "see you around") and my wife is worried and doesn't feel safe at home as he only lives a few miles away.

I don't think he's trying to scam me as he emailed me a copy of the quote from the VW dealer and he's said I can meet him there and pay my share direct to them.

If I don't pay he stated he'd be taking me to court and that I "wouldn't have a leg to stand on", according to advice given to him by his lawyer.

He also stated that once I pay he’d leave me alone and delete my number off his phone.

Any advice would be appreciated as he wants an answer by tomorrow evening.

Thanks.

[des8]

Re: Private car sale help

Hi and welcome.

Short answer is tell him to take a hike.
He saw the vehicle, he examined the vehicle, he then purchased the vehicle.
You have no liability to him, so long as you answered all his questions truthfully
The legal rule of "caveat emptor" or "buyer beware" puts responsibility for buying goods (faulty or not) privately onto the purchaser, not the seller.

If he obtained his advice from a lawyer, tell him to change his lawyer.

My daughter went through a similar scenario as you when she sold her car last year. The purchaser actually issued proceedings, and we filed a defence before the case was withdrawn.
If he;s issuing veiled threats, report to police if you think he is serious, but it does sound like bluster to frighten you into compromise with him.

If YOU think he has a moral claim, you could arrange a partial refund without admitting any liability, (but I personally don't deal with people who issue threats).

[des8]

Re: Private car sale help

Have just reread your post.
Did he pay for the car before seeing it?
If he did, was this as a holding payment with the possibility of not completing the purchase?
I doubt it makes any difference to the legal position as you did warn him the car was due a recall on the DSG,, and so long as you describe the vehicle accurately you are OK.

[a803sgo]

Re: Private car sale help

Thanks for all the replies so far.

Short answer is tell him to take a hike.

This is what everyone is telling me to do but they're not having to put up with the guy phoning and texting all the time and with him only living round the corner there's always a possibility of bumping into him.

If he's issuing veiled threats, report to police if you think he is serious.

My wife is doing this today.

If YOU think he has a moral claim, you could arrange a partial refund without admitting any liability

I offered him £100 as a goodwill gesture but he turned it down and will only settle for £300 and if I paid this what's to say he still wont try and go to court anyway?

Did he pay for the car before seeing it?

No, he spent 2 hours loooking it over and went for a drive then came back a couple of days later with the money.

As you did warn him the car was due a recall on the DSG

Not inititally, he text me a few days later asking if the DSG oil had ever been changed and I told him it didnt need doing as the 7 speed DSGs were sealed for life, this is when I mentioned the recall and told him to contact VW who would take care of it.

[des8]

Re: Private car sale help

Great answers.
You appear to have acted responsibly and fairly.
IMO he has no claim against you, and would fail in court.
Starting now keep a written record of what has happened : copy of your advert, notes about when and what was said at the time of sale, notes of subsequent contacts and hard copies of emails, texts, facebook contacts etc.
If he should chance his arm at court this will only help you, and you can always come back here for help in drafting your defence

Regarding his harassment I do understand what you mean. My daughter had similar problems with constant texts, calls in middle of night, a facebook campaign etc.
She just blocked the buyer and ignored it.
I'm afraid one meets bullies in all walks of life, and somehow you have to deal with them.
I think you are doing the right thing reporting to BiB.