Sold a car on ebay auction, New owner now has issues

[jaycey001]

Hello

 

Just want to know where I stand, Sold my car today on ebay and owner collected, here is the advert:

 

http://www.ebay.co.uk/itm/130902652176? ... 1559.l2649

 

I knew it was blowing a bit of black smoke on acceleration so mentioned it on the advert, however I get a call from the new owner saying it is not as described and is blowing significant amounts, he is saying he wants to reconsider and reckons it was not as described.

 

me being a soft git, said to take it to the garage to find out what is wrong before he makes any judgments etc

 

But where do I stand legally if the car did go wrong half hour after sale? Im a private seller and have owned the car for two years without any issues.

 

Any feedback would be appreciated.

 

Thanks

j

[SambaS]

Unlucky him.

[Cheggers]

Unless the car is significantly different to the description he doesn't have a leg to stand on, especially if he accepted the car and drove away. It could have chucked a valve after 100 yards and it simply isn't your problem any more.

 

Private seller = no guarantee, once he's handed over the money it's his car & his problem. Caveat Emptor and all that...

[philibusmo]

Tell him to fuck right off.

 

His idea of 'significant amounts' is probably our description of 'runs perfectly'.

 

If it has gone wrong then that's now his problem. If he's been abusing the car and knackered it then its his look out.

 

I once bought a low miles Ford Sierra 2.0 twin cam. Within two hours the choke got stuck open causing it to rev its bollocks off, blowing the head gasket and a core plug out the back of the head so all the water fell out. I managed to limp it home and fix it. It was my problem because I owned the USED car bought from a private seller which means its sold as seen with no warranty, sales of good act, fit for purpose bollocks.

[Jim Bell]

Sold as seen surely. I think we've all bought/sold enough cars to accept that second hand shite is sold as seen.

 

As long as you described it accurately, obviously.

[Cavcraft]

You're probably banjaxed now you've told him to take it to a garage as he'll go to a mate who'll give it some mental list of knackered things it doesn't really need.

 

You might be considered a trader too, as a reasonable amount of your feedback is from cars and parts. Your only option (that I can see) is to wait to hear back from the garage he takes it too then see what happens from there. If he gets a bit twatty find a local garage you can trust and get them to look over it too, that way you'll have an idea if he's trying to have you over. Or trying to tope up your underselling.

[Bobthebeard]

 

Or trying to tope up your underselling.

 

 

Didn't like to mention that myself, but......

[Negative Creep]

Caveat emptor - tough luck, sold as seen. I'd just send one message to this effect them ignore all further communication

[RedSparrow]

Sure most of us with common sense will accept that old motors are sold as seen. However some dicks have watched too many episodes of rogue traders and think the whole world is trying to rip them off. Always best to get them to sign and date some sort of generic sold as seen sales agreement. That way there's no argument.

 

Tell him if he's that serious to report it to the Police. They'll soon tell him where to go.

[retrogeezer]

don't all diesels chuck out loads of black crap under acceleration?

[willswitchengage]

I'm sure we all watched that "repo man" programme on channel 4 (great stuff) last week. As it accurately put, 99% of people in pubs/on ebay are law school graduates and until one of you punches the other it's a civil matter and the 5-O just stand there twiddling their fingers.

[Pillock]

Not your problem, if you buy a car from a forecourt you get protection from consumer laws, but you pay more for it. Buy private, cheap car, no warranty. Them's the breaks, and even my mum understands the rules.

 

He'll be trying it on, the same as when I bought my Leon and it turned the turbocharger inside out 30 miles later, I texted the seller. Guess how much of a shit he gave? I didn't expect anything but I had to vent my "irritation" somewhere.

[Bobthebeard]

Caveat emptor - tough luck, sold as seen. I'd just send one message to this effect them ignore all further communication

 

+1

Some people want it all. Buying a car 'sold as seen' privately is not the same as buying a car from a dealer/garage. That is why the car is priced much lower! No warranty. Simples.

Ebay is a murky pond, teeming with life forms unfamiliar to most normal folk. He saw, he bought, his problem. If indeed there is a problem! Most likely his wife/dad/bank manager has something to do with the rapid back pedalling on the purchase!

Black smoke my arse!

[Albert Ross]

So wait right there..... he's bought a THIRTEEN year old vehicle, with a description of it blowing smoke, and now he sees that it ACTUALLY b lows smoke, he wants something back off you? The conversation should go something like this.

 

Twunt: "Ere, this motah wot I bought off of you is smoking more than my Nan!"

You: "Yes, that's right, it does, I told you it does"

Twunt: Well I don't want it to smoke, wot you gunna do abaht it den?"

You: "What does it say in the terms and conditions on the Warranty sheet with all the paperwork I handed you when you bought it?"

Twunt: "You didn't give me a Warranty when I bought it!"

You: Click.... Bzzzzzzzzzzzzzzzzzzzz

 

Ad infinitum.

Why did you even ask this question of us lot?

[Negative Creep]

Caveat emptor - tough luck, sold as seen. I'd just send one message to this effect them ignore all further communication

 

+1

Some people want it all. Buying a car 'sold as seen' privately is not the same as buying a car from a dealer/garage. That is why the car is priced much lower! No warranty. Simples.

Ebay is a murky pond, teeming with life forms unfamiliar to most normal folk. He saw, he bought, his problem. If indeed there is a problem! Most likely his wife/dad/bank manager has something to do with the rapid back pedalling on the purchase!

Black smoke my arse!

 

 

"lots of black smoke" is also a very subjective term. Only downside is that you'll get negative feedback from it.

[Micrashed]

You: "What does it say in the terms and conditions on the Warranty sheet with all the paperwork I handed you when you bought it?"

Twunt: "You didn't give me a Warranty when I bought it!"

THIS

post of the week

[Split_Pin]

He should have investigated the black smoke issue further for himself before committing to buy.

 

He didnt, so tough.

 

Dont worry about a neg on e-bay, as long as the rest is clean it will soon dissolve and your score will recover to 100% fairly quickly.

[autofive]

He should have investigated the black smoke issue further for himself before committing to buy.

 

He didnt, so tough.

 

Dont worry about a neg on e-bay, as long as the rest is clean it will soon dissolve and your score will recover to 100% fairly quickly.

 

 

it will take 12 months for your 100% feedback to return

 

and if ANY your 'detailed seller ratings' drop below 4.8 then you will be limited (effectively forever) to ten auctions a month

[purplebargeken]

It seems like you did a straightforward and honest ad. He is a chancer. Tell him to knob off as the car was advertised accurately and he went away with it.

 

To boost your ebay rating after Mr. Prickalot has negged you, just create 30 separate auctions for a single stainless washer for 1p on a free listing day. Tell us about it on here and we will buy and leave super fab feedback, thus eradicating his -ve easily and amusingly. Simples.

[Luxobarges_Are_Us]

I agree with everyone else here. The buyer doesn't have a leg to stand on. If he starts making noises about the matter, just send him a nice little email saying "stop contacting me and sue me within 14 days. If you don't, I will consider any further communication from you to amount to harassment."

[beko1987]

It seems like you did a straightforward and honest ad. He is a chancer. Tell him to knob off as the car was advertised accurately and he went away with it.

 

To boost your ebay rating after Mr. Prickalot has negged you, just create 30 separate auctions for a single stainless washer for 1p on a free listing day. Tell us about it on here and we will buy and leave super fab feedback, thus eradicating his -ve easily and amusingly. Simples.

 

+9. I'm super pleased with my washer already. Fast postage, great transaction. A1+++++11+ etc.

 

If I was interested in a car with black smoke the first thing I would do is Google what the fuck it could be. A quick search on Suzuki vitara diesel black smoke suggests anything from a bottle of redex and a hoon to a new wastegate. I echo others comments that the seller obv hoped it would be fixed for 0.004p and as it can not is trying to bend you over to fix it.

[Guest]

I agree with everyone else here. The buyer doesn't have a leg to stand on. If he starts making noises about the matter, just send him a nice little email saying "stop contacting me and sue me within 14 days. If you don't, I will consider any further communication from you to amount to harassment."

 

 

Please don't do that, as that would be silly. The advice given so far in this thread is well intentioned and mostly correct, but I think that I'm probably the only dude on the thread so far who actually does lawyering for a living, and wearing my lawyer hat I say don't make idle threats about harassment and such. Make any letter you send the buyer short, to the point, and polite. If the bloke pushes the point further, I will happily draft you some letters and. if he is unwise enough to sue, I can draft you a Defence.

 

The suggestion of taking the car to a garage was unwise, but you could now write and say

 

"I have now taken legal advice. This was a private sale of a thirteen year old used car, and the car was sold as seen, without any warranty as to its condition. I accurately described the condition of the car. In these circumstances, I have no liability in respect of the condition of the car."

[Cavcraft]

Yeah, but that's boring! It's the Internet so therefore in e-law you HAVE to suggest something far fetched. Landmark cases such as Cockwarbler Vs Fannybatter ('if that was me I'd have gone round to his house, burnt it down and shagged his wife) and Messers E. Conan and Quay-Boardwarrior Vs Knobwhistle ('I'd punch his lights out and sue him for defection of character') have set precedents.

[RedSparrow]

Don't listen to Cavette. He is a notorious on-line bully on the run from the cyber police for being mean and nasty to people on the internet.

[Luxobarges_Are_Us]

good stuff

 

The thing is, what do you do if you deny liability and they keep pestering you? The Protection From Harassment Act defines harassment as any course of action that the 'perpetrator' knows that the 'victim' considers to amount to that. Classic example: the faux traffic police sending 'fines' for overstaying at the supermarket but (almost) never daring to sue anyone for that. There's got to be a point where you tell them to make good on their threats or go away for good (although I am in full agreement with you that this shouldn't be the first communication you send them!).

 

 

[i am not a lawyer and all that, but I've spent quite a bit of time studying law modules at uni.]

 

Don't listen to Cavette. He is a notorious on-line bully on the run from the cyber police for being mean and nasty to people on the internet.

 

That too.

[Cavcraft]

Don't listen to Cavette. He is a notorious on-line bully on the run from the cyber police for being mean and nasty to people on the internet.

 

 

Fuk ov M8

[FredTransit]

 

Or trying to tope up your underselling.

 

 

Didn't like to mention that myself, but......

 

Also on that note, can I have your recipe for oil?? Sorry.

 

Back on topic, I would tell the seller to FRO then ignor him......

[fordperv]

The buyer must be a right jizz gargler trying his luck he probably thought giving it an Italian tune up on the way home would clear the smoking and shagged it more instead.

 

Out of all the cars I have had I have only contacted the seller afterwards to return 1 that was only because after inspecting it and doing a few checks it became apparent that the car in question was stolen in the 90s never found and belonged to the insurance company I gave the guy the option to accept the car back before I handed it over to the police as I didn't wanna go down that route, the car got destroyed after he had it back

 

As said already I would politely tell this guy to pee off, I think in the manner that breadvan describes is probably the best

[barefoot]

I am not a lawyer and all that, but I've spent quite a bit of time studying law modules at uni

 

You need to hammer a smaller module over it

[tooSavvy]

Don't listen to Cavette. He is a notorious on-line bully on the run from the cyber police for being mean and nasty to people on the internet.

 

Fuk ov M8

 

I will always stand up for Cavette.... but if he maligns me, I might not stand up to him

 

tooSavvy