Do car traders have rights?

[Harry you Potter]

Sold a car to a trader who fully inspected the vehicle prior knocking off a little bit of money for an alloy wheel refurbishment. I used an online buying company to sell the car.

I’ve now received a message saying that they have found further issues and want to return the car. The car ran perfect for me and was excellent so feel like they are at it.

They have threatened me with legal action and want a full refund.

In my eyes the car was as described and it was up to them to do an inspection to the standard which they were happy with.

Just a case of ignore and see what happens ?

[ScoobyChris]

What legal action have they threatened? That the car was mis-represented?

Chris

[paul_c123]

TBH (from a trader's perspective) being able to fully inspect a car before purchase is a luxury, and ought to command a higher price just for the reduction in risk (ie, nearer private sale price than trade-in price). To not take advantage of that, ie to not fully inspect the car, is just bad business.

No, they don't have any rights whatsoever if buying privately.

Just for completeness, can you copy & paste the exact wording you used to describe the car, thx.

[samoht]

Yes, they have rights.... limited ones, when buying a car from a private seller.

Personally I'd reply, say I'm very sorry to hear about the problem. Then I'd lay out the requirements for a private sale. The seller must own the car, the car must be as described, and the car must be roadworthy at the point of sale. And I'd ask them which of these requirements they feel I've not fulfilled, and on what grounds they think that.

That way you can find out quickly whether they might possibly have a genuine case, and respond appropriately either way.

[Deep Thought]

Harry you Potter said:

Sold a car to a trader who fully inspected the vehicle prior knocking off a little bit of money for an alloy wheel refurbishment. I used an online buying company to sell the car.

I ve now received a message saying that they have found further issues and want to return the car. The car ran perfect for me and was excellent so feel like they are at it.

They have threatened me with legal action and want a full refund.

In my eyes the car was as described and it was up to them to do an inspection to the standard which they were happy with.

Just a case of ignore and see what happens ?

The motor trader is deemed the expert, so its their problem.

If the car was mis-described then "maybe" they'd have a case, but they'd have to prove that, i guess.

I suspect its bluster and they're hoping to bully you in to taking the car back for whatever reason.

[OutInTheShed]

The OP describes the car as 'excellent' and 'perfect'.

Those are dangerous words.

Is the OP at risk of looking like a trader himself?

[Deep Thought]

I suspect this is what the trader has found....

"Reinstating a DPF on a car - can of worms or okay ?"

https://www.pistonheads.com/gassing/topic.asp?h=0&...

"What would you do ?"

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Then same day as he deleted the initial messages on those...

"Selling a car to the car buying group"

https://www.pistonheads.com/gassing/topic.asp?h=0&...

So adding 2 and 2 together, he's sold a car to a car buying group with a gutted DPF and they've cottoned on.

I suspect he'll have signed some paperwork to say the car is free from major faults, and theres maybe a clause in there RE: returning the car...

This could get bumpy for the O/P....

[BertBert]

OutInTheShed said:

Is the OP at risk of looking like a trader himself?

What lead you to that conclusion?

[Discombobulate]

Deep Thought said:

I suspect this is what the trader has found....

"Reinstating a DPF on a car - can of worms or okay ?"

https://www.pistonheads.com/gassing/topic.asp?h=0&...

"What would you do ?"

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Then same day as he deleted the initial messages on those...

"Selling a car to the car buying group"

https://www.pistonheads.com/gassing/topic.asp?h=0&...

So adding 2 and 2 together, he's sold a car to a car buying group with a gutted DPF and they've cottoned on.

I suspect he'll have signed some paperwork to say the car is free from major faults, and theres maybe a clause in there RE: returning the car...

This could get bumpy for the O/P....

Good detective work.

[paul_c123]

Deep Thought said:

I suspect this is what the trader has found....

"Reinstating a DPF on a car - can of worms or okay ?"

https://www.pistonheads.com/gassing/topic.asp?h=0&...

"What would you do ?"

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Then same day as he deleted the initial messages on those...

"Selling a car to the car buying group"

https://www.pistonheads.com/gassing/topic.asp?h=0&...

So adding 2 and 2 together, he's sold a car to a car buying group with a gutted DPF and they've cottoned on.

I suspect he'll have signed some paperwork to say the car is free from major faults, and theres maybe a clause in there RE: returning the car...

This could get bumpy for the O/P....

If nothing else, this is a good illustration of why Pistonheads (or, any forum) needs some kind of mechanism whereby if the original post is replied to, the original poster can't go back and wipe out their message(s). It makes for a very disjointed read, and a poorer forum.

If it is the Car Buying Group (a subsidiary/sister firm of Aston Barclay, now part of Constellation, who also own BCA and WBAC) the OP has almost certainly signed a contract and buried somewhere in there will be a clause saying the vehicle must be to the knowledge of the seller, roadworthy).

[123DWA]

Deep Thought said:

I

So adding 2 and 2 together, he's sold a car to a car buying group with a gutted DPF and they've cottoned on.

I suspect he'll have signed some paperwork to say the car is free from major faults, and theres maybe a clause in there RE: returning the car...

This could get bumpy for the O/P....

I think you're right. As a dealer, finding good stock is very hard. So I imagine they would need a very good reason to hand it back something like, say, a grands worth of DPF missing.

[paul_c123]

Harry you Potter said:

Sold a car to a trader who fully inspected the vehicle prior knocking off a little bit of money for an alloy wheel refurbishment. I used an online buying company to sell the car.

I ve now received a message saying that they have found further issues and want to return the car. The car ran perfect for me and was excellent so feel like they are at it.

They have threatened me with legal action and want a full refund.

In my eyes the car was as described and it was up to them to do an inspection to the standard which they were happy with.

Just a case of ignore and see what happens ?

Just in case.....

Also the OP sounded like a private ad was placed and the trader bought it off their own hoofwork as a buyer. If its the Car Buying Group, or any of the other similar ones, the matter is very different because a contract will have been agreed to and signed.

Edited by paul_c123 on Wednesday 28th May 17:49

[Jamescrs]

You may be on a sticky wicket OP given the posts above show you had knowledge of the DPF removal which I assume you didn't declare.

[Belle427]

I still cant see what rights they would have if they inspected the car and were happy with it even if the op did know and pleads ignorance.

[Deep Thought]

Belle427 said:

I still cant see what rights they would have if they inspected the car and were happy with it even if the op did know and pleads ignorance.

Most of those buying sites make you sign a contract and in the T&Cs there will be a right to return if the car is not as described. I would say you sign to declare the car is free from defects or similar.

As i said, i would say the O/P is in for a bumpy ride with the buyer....

Lets be honest, it does appear that he has known about the issue, chanced his arm selling it to the trade and and they've twigged.

[Turn7]

Harry you Potter said:

I am looking to sell my Ford Focus in the next couple of months and stumbled across the car buying group who seem to be part of Aston Barclay.

Has anyone ever used them and did you get a fair price ?

Also on the day what checks did they do on the car ?

Combined with the earlier posts, this is a Smoking gun surely...

[davek_964]

Harry you Potter said:

In my eyes the car was as described

Based on your previous posts that have been found, I rather doubt that.

[shtu]

Harry you Potter said:

Sold a car to a trader who fully inspected the vehicle prior knocking off a little bit of money for an alloy wheel refurbishment. I used an online buying company to sell the car.

I ve now received a message saying that they have found further issues and want to return the car. The car ran perfect for me and was excellent so feel like they are at it.

They have threatened me with legal action and want a full refund.

In my eyes the car was as described and it was up to them to do an inspection to the standard which they were happy with.

Just a case of ignore and see what happens ?

And just for posterity.

[Harry you Potter]

Thanks for the responses. I’m playing to dumb to the missing DPF and have just told them well it has a MOT and I’ve done nothing to the car. It’s surely up to the experts to inspect the vehicle and make sure they are happy with it.

It was an agency driver who collected the car and he didn’t even open the bonnet.

Reckon I’ll be in the clear ? Surely the legal side will not be worth it for the dealer ?

[skyebear]

You should have sold them an extended warranty and pointed them in that direction.