Yes, Caveat , Private sale, but advice sought please
Discussion
I am assuming the answer will be, private sale so no rights etc but i would still like some advice as its not a small amount of money being discussed and i might be at the mercy/opinion of a Judge.
I sold a car privately. Chap inspected it, test drove it etc. Knocked off some money as you do and the front tyres were due a change in the near future.
No engine noises etc, no lights on the dash, no knocks/bangs etc. Car was in good condition, and was my daily pretty much up to that point and still had my baby car seats in.
Car was serviced last year, oil change + filter plus coolant change. Car also had an MOT.
A week after the sale, the Chain Tensioners make a funny noise and the chap asks me for a contribution. I Advised private sale, sorry im not contributing.
Fast forward to a month later i recieve a letter asking for £12,000 and 14 days to think about it. ( no mention of small claims)
Under the sales of goods act 1979 etc
He is stating the goods were misdescribed,not of satisfactory quality and were not fit for puropse.
The ad had a full history and MOT, well maintained and the supercharger was fault free and the car was road worthy.
He has also attached a letter from an Engine build company for a repair. This letter states the car engine failed due to poor maintenance and the new owner added 3.5 litres of oil to the car. They appear to have replaced the engine.
I responded to the email asking for more time to reflect, which was responded with a yes but we will be going to small claims.
I am aware small claims courts have a limit, so he will probably be taking bit off the invoice for the claim.
Also aware sales of goods act 1979 has been superceded by the consumer rights act 2005 and also apply to trade sales, unless the car was massively misdescribed, which it wasn't.
Genuinely i haven't glossed over anything on the car. I understand his frustration but for me thats the life/risks of private sales. Once we exchanged money/keys. The car is his responsibility.
So i was planning to respond to the letter stating it was a private sale and he inspected the car and was happy to purchase so i am not liable for anything in his ownership.
Any other tips for a response?
Does anyone have any recommendations for a solicitor to help me , if the claim does go to small claims.
Apologies for the length but im just writing everything down in my head and the kids are tearing the house down!!
I sold a car privately. Chap inspected it, test drove it etc. Knocked off some money as you do and the front tyres were due a change in the near future.
No engine noises etc, no lights on the dash, no knocks/bangs etc. Car was in good condition, and was my daily pretty much up to that point and still had my baby car seats in.
Car was serviced last year, oil change + filter plus coolant change. Car also had an MOT.
A week after the sale, the Chain Tensioners make a funny noise and the chap asks me for a contribution. I Advised private sale, sorry im not contributing.
Fast forward to a month later i recieve a letter asking for £12,000 and 14 days to think about it. ( no mention of small claims)
Under the sales of goods act 1979 etc
He is stating the goods were misdescribed,not of satisfactory quality and were not fit for puropse.
The ad had a full history and MOT, well maintained and the supercharger was fault free and the car was road worthy.
He has also attached a letter from an Engine build company for a repair. This letter states the car engine failed due to poor maintenance and the new owner added 3.5 litres of oil to the car. They appear to have replaced the engine.
I responded to the email asking for more time to reflect, which was responded with a yes but we will be going to small claims.
I am aware small claims courts have a limit, so he will probably be taking bit off the invoice for the claim.
Also aware sales of goods act 1979 has been superceded by the consumer rights act 2005 and also apply to trade sales, unless the car was massively misdescribed, which it wasn't.
Genuinely i haven't glossed over anything on the car. I understand his frustration but for me thats the life/risks of private sales. Once we exchanged money/keys. The car is his responsibility.
So i was planning to respond to the letter stating it was a private sale and he inspected the car and was happy to purchase so i am not liable for anything in his ownership.
Any other tips for a response?
Does anyone have any recommendations for a solicitor to help me , if the claim does go to small claims.
Apologies for the length but im just writing everything down in my head and the kids are tearing the house down!!
A lot will depend on the exact wording of your advert OP. As long as you didn’t say anything overly positive about the car and you stuck to simple details, then you should be OK. Did you give a receipt for the vehicle? If so, what did you say on the receipt. AIUI you need to add something along the lines of, “sold as seen, after inspection by buyer, with no warranty offered or implied.” It could be that the new owner is trying it on, or he could have just been unlucky, alternatively, he may have ragged the arse off it. In all of those cases, it is not your problem as a private sale, provided your advert was strictly factual.
bennno said:
What make / model / age of car?
12years old
Roughly what value was it sold for?
15k
Was the v5 in your name and how long had you owned it?
Yes and 2-3 years
Was the copy bill from a main dealer or a back street type establishment
I bought the car privately
Did you put fault free in the advert?
Honestly can't remember. Will chase up with AT.12years old
Roughly what value was it sold for?
15k
Was the v5 in your name and how long had you owned it?
Yes and 2-3 years
Was the copy bill from a main dealer or a back street type establishment
I bought the car privately
Did you put fault free in the advert?
Stupidly I didn't give a receipt. Lesson learnt
Two options:
1. Simply respond saying that it was a private sale and as far as you are concerned ‘caveat emptor’ applies.
2. Ignore him. Block his number, ignore all correspondence. There’s a chance he’ll get bored and realise he has no case.
Using this tactic, only engage if something formal like a small claims court letter eventually comes.
You can then formulate a defence if that happens, rather than dealing with something now that may never happen.
1. Simply respond saying that it was a private sale and as far as you are concerned ‘caveat emptor’ applies.
2. Ignore him. Block his number, ignore all correspondence. There’s a chance he’ll get bored and realise he has no case.
Using this tactic, only engage if something formal like a small claims court letter eventually comes.
You can then formulate a defence if that happens, rather than dealing with something now that may never happen.
Muzzer79 said:
Two options:
1. Simply respond saying that it was a private sale and as far as you are concerned ‘caveat emptor’ applies.
2. Ignore him. Block his number, ignore all correspondence. There’s a chance he’ll get bored and realise he has no case.
Using this tactic, only engage if something formal like a small claims court letter eventually comes.
You can then formulate a defence if that happens, rather than dealing with something now that may never happen.
What he said1. Simply respond saying that it was a private sale and as far as you are concerned ‘caveat emptor’ applies.
2. Ignore him. Block his number, ignore all correspondence. There’s a chance he’ll get bored and realise he has no case.
Using this tactic, only engage if something formal like a small claims court letter eventually comes.
You can then formulate a defence if that happens, rather than dealing with something now that may never happen.
But do 1 first
Then immediately 2
Range rover by any chance?
chinnyman said:
I'll do 1 then 2
What do I do when county court letter comes?
Not from Birmingham.
If it does, I doubt it will, you need to enter your defense, it was a private sale with" no warranty given or implied"What do I do when county court letter comes?
Not from Birmingham.
I always put that on a receipt, " sold as seen and inspected with no warranty given or implied " always change the V5 online, and put the date and time of collection on the receipt, signed by me and buyer, two copies signed.
The one time I had hassle with was the Golf MK8 write off, Copart sold it before it was paid out, handed over the full V5, I got speeding tickets and parking tickets, before I got paid out, from Birmingham
chinnyman said:
bennno said:
What make / model / age of car?
12years old
Roughly what value was it sold for?
15k
Was the v5 in your name and how long had you owned it?
Yes and 2-3 years
Was the copy bill from a main dealer or a back street type establishment
I bought the car privately
Did you put fault free in the advert?
Honestly can't remember. Will chase up with AT.12years old
Roughly what value was it sold for?
15k
Was the v5 in your name and how long had you owned it?
Yes and 2-3 years
Was the copy bill from a main dealer or a back street type establishment
I bought the car privately
Did you put fault free in the advert?
Stupidly I didn't give a receipt. Lesson learnt
Was the repair bill your buyer shared from a main dealer, or from a backstreet establishment?
Did you put fault free on the advert, how many miles / time period from purchase to fault all very relevant.
It’s a private sale so it’s likely there’s no comeback, but I’d definitely not start quoting caveat emptor, I’d also check what you put on the advert.
bennno said:
Sorry what make and model car was it? [Presumably a Jaguar or landrover?]
Was the repair bill your buyer shared from a main dealer, or from a backstreet establishment?
Did you put fault free on the advert, how many miles / time period from purchase to fault all very relevant.
It’s a private sale so it’s likely there’s no comeback, but I’d definitely not start quoting caveat emptor, I’d also check what you put on the advert.
Audis have issues with chains and tensioners and have superchargers ….. just saying Was the repair bill your buyer shared from a main dealer, or from a backstreet establishment?
Did you put fault free on the advert, how many miles / time period from purchase to fault all very relevant.
It’s a private sale so it’s likely there’s no comeback, but I’d definitely not start quoting caveat emptor, I’d also check what you put on the advert.
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