info required - private used car sale

[Paul in North Lincs 15]

I would like some advise if at all possible.

Hi folks - I need abit of info if anyone can help.

 

About 3 weeks ago I sold my old car from card in the car window to a local man,who sells a few cars on ebay. He was happy when he viewed it, test drove the car, had someone look at it. He paid cash and signed a reciept saying 'sold as seen', with the mileage at that date and price paid.

 

He called me today saying that he had subsequently sold the car on ebay after he'd only travelling 9 km in the same. After the new (new) owner came to pick it up yesturday, the head gasket unfortunately blew on his way home.

 

Now as far as I am aware the liabilty has now passed onto the chap I sold it to ( the trader), but he says he can sue me for the repairs, as it appears that the theremostat has been removed at some point?.

 

When he initally viewed the car it had a leaking water pump, I had it repaired by an old chap who used to be a mechanic who does odd jobs in his garage....the trader wants his details to so he can have a go at him as well f.f.s

 

Having never sold a car in my life, or indeed being a machanic, I am at odds what to do other than to seek legal advise, but before I inccur costs, I wonder if anyone on here had any experience of something similar.

 

Many thanks All

 

 

Paul

[Chid 6,444]

he is just trying to get money out of you...

how would you know some one had took the thermostat out of it !

dont give him anybodies contact details ..

 

and a head gasket can go at any time ...

 

aslong as on the receipt you put sold as seen your covered ..

[riohog 5,689]

the car was ..sold as seen .. no warranty he is trying it on ..take no notice his loss

[artic 595]

Sold as seen, reciept given, signed by both buyer and seller, cash exchanged.

 

Sold as seen, means what it says! If your friend did do the repair, then i would get it on paper x2 what he has done, and forward one copy to the trader, IF NEED BE.

 

Who's to say he hasn't fiddled with the car for some reason after buying it from you, OR JUST BAD LUCK.

 

Yes he can go to a small claims court, but this seems very unlikley at the minute, and i dont think a judge would take this minor civil dispute serious enough.

 

Who will really know what happened to the vehicle after the sale?

 

This is between the trader and new buyer and not you.

[Guest eastmids]

he,s trying his luck,dont discuss it with him any further, if he persists just tell him youve said your peice on it,and you,ll wait for the summons.

[stubby 175]

sold as seen, finished

 

but if he contacts you again, tell him you have given all the info to your solicitor,

[terrierone 32]

SOLD AS SEEN MEANS JUST THAT CONTACT TRADING STANDARDS YOU HAVE RECIEPT THAT TRADERS KNACKERED ATB T1

[stick 2]

as you are a private seller, sold as seen means exactly that. you say he is a trader and had someone else look over the car too, if the head gasket was gone when he bought it from you, even my mrs would have spotted it and she needs someone to reverse the car off the drive for her.

 

if he starts babbling about the trades descriptions act etc, saying it has to be fit for purpose and what not. ignore it, this act is only applicable to traders.

 

basically its as everyone else said, he's trying it on, so dont give anyone else's details to him, they need the headache even less than you do. if him and his more mechanically minded friend couldnt spot head gasket failure then they are both in the wrong business and its their own fault.

 

my advice, cease all communication with him apart from to tell him to communicate in writing if he must persist. then you have records and copies of everything that is said if he does try to take you to court. my bet is, faced with having to write a letter and post it, he'll give up.

 

also, well done for asking, because i come across loads of people who are too worried about looking an idiot to ask for this kind of advice and just give in to the threats.

[rickyspringer 15]

Paul do not worry bud, you sold the car at the right time and the trader hasn't got a leg to stand on, as mentioned he is after some money and playing scary tactics... UNLUCKY to him and well done to you, I hate traders anyways

[fatdog 9]

f**k him chancing c**t sold as seen he sold it on so its problem

[matt_hooks 188]

Whatever it says on the receipt, sold as seen or anything, is meaningless.

 

Basically for him to have a claim he'd have to prove that you knew it was fnorked when you sold it, and deliberately acted in a dishonest manner to conceal it.

 

As you sold it in good faith, he hasn't get a leg to stand on. As a private seller, you are not bound by the sale of goods act, so things like "fitness for purpose" "reasonable quality" and "substantially as described" are irrelevant!

 

I'm afraid he has cocked up, but doesn't want to admit it. It's his loss buddy, sold in good faith, and as soon as the money has changed hands it becomes his property and his liability!

 

Tell him if he wants to try and claim against you he can take you to court, they'll laugh him into next week!

[boyo 1,398]

been in the motor trade nearly 30 years and dont worry he is trying it on as a private sale whether he is a trader or not he hasnt got a leg to stand on.sold as seen by the way isnt worth the paper its wrote on the only way you can sell a car sold as seen is if you get them to sign sold for spares or repairs to be towed or trailered away but if you try this most people dont want to do it no m,atter how cheap the vehicle is and ricky springer you cant stand traders well believe me joe public can be ten times worse than traders and get away with it .why is it so bad to earn a livingselling motors i bet theres not one person on here oer any other forum that goes to work and doesnt want paying at the end of the week.sorry to go on but paul take it from me you have nothing to worry about if he keeps on tell him to go to trading standards and they will tell him same as me no chance . he is just tryiong it on mate good luck .

[jordy123 0]

hi pal, trust me he is having a laugh which by the sounds of it he wants to do at your expense, tell him to do one and leave the ball in his court you wont hear another thing!!!!