legal help

[paul jones]

hi peeps realy need a bit of advise the story gos like this i sold my beloved surf on friday running fine put on receit sold as seen and no refunds given get home tonight to a call from to buyer to tell me he broke down today and the garage pressure tested it and say the head has gone ......... not sure wot to do i had new head fitted just under 2yrs ago

[Apache]

Sounds like 'sold as seen' covers you mate. Wouldn't worry too much.

[paul jones]

Sounds like 'sold as seen' covers you mate. Wouldn't worry too much.

thanks for putting me at ease just feel a bit bad about it

[joker??]

check up on trading standards site , aint to sure but think item sold must be fit for use, i dont think a week is long enough
dont know if that old chesnut of sold as seen still holds water ,
cant you get it tested then come to some agreement with buyer ??

[coolsv650]

Sounds like 'sold as seen' covers you mate. Wouldn't worry too much.

yep I would agree with that one, anyway seeing as today is Monday he has ran it all weekend, who is to say he hasn't caused the problem himself by overheating it?!?!?!

Even better than that I would think the garage has made a good assumption that the head is gone, a blown gasket could give the same reading. Your buyer would be well advised to have the head removed, it might just be the gasket (& I might never have to change a dirty nappy!!)

I wouldn't lose sleep over it, stuff like this happens the buyer needs to beaqr in mind these are old motors.

[Apache]

'Sold as seen' though is like saying you dont know if there's faults so buyer beware.

If I bought something 'sold as seen', I'd go over it with a fine toothed comb, and if something went wrong afterwards, I'd be a bit p1ssed, but would find it hard to go back to the seller.

As Joker says though, it might be best to help out the guy a bit. Point out that the car was in fact sold as seen, which he agreed to, but you are prepared to help arrange repair and perhaps help with costs. Goodwill and all that.

I would not entertain the idea of funding the complete repair though. You gave no guarantee or warranty did you?

[stormforce]

Who was it on here that the same thing happened to when he sold his truck and the head went but he said to the buyer if you get any probs then get back to me and he ended up paying some of the bill

[coolsv650]

check up on trading standards site , aint to sure but think item sold must be fit for use, i dont think a week is long enough
dont know if that old chesnut of sold as seen still holds water ,
cant you get it tested then come to some agreement with buyer ??

from my motor mechanic days I understood it as a trader or garage HAS to give a 90 day warranty, no get out on that one but a private seller cannot be expected to warrant a vehicle is not defective, hence sold as seen, yes as joker says it has to be fit for purpose & if you knew the head was on the way out it would be a very very sticky wicket, but you have had the head done and if it dosen't lose water then you sold it under good faith.

I would agree that it might be worth offering some assistance, for example, offering to pay for the head removing, but as Apache states I wouldn't offer to get saddled with the whole repair

[plumb bob]

from my motor mechanic days I understood it as a trader or garage HAS to give a 90 day warranty, no get out on that one but a private seller cannot be expected to warrant a vehicle is not defective, hence sold as seen, yes as joker says it has to be fit for purpose & if you knew the head was on the way out it would be a very very sticky wicket, but you have had the head done and if it dosen't lose water then you sold it under good faith.

I would agree that it might be worth offering some assistance, for example, offering to pay for the head removing, but as Apache states I wouldn't offer to get saddled with the whole repair

The garage will charge anything upto £1400 to replace the head, so I wouldn't make any offers at this stage, and as stated he has had the car for the weekend (although not long) so who knows if he's thrashed it up hill and down dale and had a hose leak or something, and caused an overheat.

I'd say it's just bad luck and sh1t happens, but as a private seller I don't think there are any obligations on your part,it would be his obligation to make sure he was happy with the car before he parted with any cash.

If, for instance, you had leant him the car for the weekend and (as far as you were aware) it was all in good working order, and he brought it back will a blow head, who,s fault is that? yours, sitting at home dringking tea, or the driver of the vehicle??

If he wanted a warrenty, he should have gone to a dealer and payed the premium for it.

[jamsironwork]

plumb bob is spot on, pay a dealers price and you get a warranty, save some money on a private buy and you take the chance. i reckon the guy has a cheek bothering you with his problam

[RodLeach]

Again i agree, Its not your problem.

Car auctions do "sold as seen" all the time. you take the chance!

sh*t happens, clearly for the guy who owns it now at least. Tell him about Stevo etc n tell him to go an see TonyN or somet. Offer advice but if he wants his cash tell him to get lost!

[max6674]

I have been in the same boat but as the buyer. I bought a car from a dealer and it went TU and I only drove it 3 miles home, he said it was sold as seen but as he was a dealer he had to cover the cost of the works as the car was not fit for purpose.

Trading standards told me that if it was a private sale I wouldnt have a leg to stand on unless I could prove the seller knew the car was at fault, which yours wasnt, so it was sold as seen and was working when you sold it. Its not your fault and I wouldnt worry about it at all...

[max6674]

Offer advice but if he wants his cash tell him to get lost!

I agree.. he could be trying it on just to get some of the cash back he has paid you for the cost of the car.

[joker??]

from trading standard site
Private sales

When you buy goods from a private individual, you don't have the same rights as when buying from a trader. The legal principle of caveat emptor, or ‘buyer beware’, operates. You have no rights to expect that goods be of satisfactory quality or fit for their purpose, but there is a requirement that they should be ‘as described’. You should check goods thoroughly before you buy them.

Second-hand goods

The Sale of Goods Act applies to second-hand goods. When considering whether goods are of satisfactory quality one must take into account the lower expectations of second hand goods. For example, it wouldn't be reasonable to expect a ten-year-old, high mileage car to be completely free from fault, or to perform in the same way as a brand new vehicle, or to last as long. Second hand goods will have part-worn parts which will not be as durable as a new model

its up to you how you play
seeing as he only had it 3 days i would pay towards repair if it was me

[max6674]

its up to you how you play
seeing as he only had it 3 days i would pay towards repair if it was me

What if he has ragged it about over the weekend or is trying it on... ?


Sold as seen.. tough titty for the buyer if it was me who sold it