Sold car privately now they want their money back

[Raspberrysins]

I sold my car to a lady on Facebook. She test drove it on Monday. Picked it up on Friday. Meanwhile I also found a car and bought it with the proceeds. She turned up on my doorstep yesterday claiming the car is ‘no good’ and wants her money back. She said it smells of fumes and that the engine was smoking. She brought another lady who was pretty bolshy. I didn’t know what to do! She demanded that I go and pick it up from her house and so I did this and also I arranged for the garage who’d recently MOT’d it to take it for a check on Monday. I did this all as a gesture of goodwill. I felt sorry for her as honestly the car had been fine for me and just had some work done. I’m feeling so anxious now about what the outcome might be. What if the garage uncover a problem that I didn’t know about? What’s my responsibility? The car is legally hers and my understanding is that with a private sale it’s ‘sold as seen’. It’s up to her to check it properly. I never set out to scam anyone. I know officially I don’t have to do anything but I feel so very anxious. Her son lives in my village and I am worried they might cause trouble.

You didnt have to do anything. If she wanted to escalate it then she would need to take you to small claims court.

If you are absolutely certain that the car was in good condition when you sold it then you shouldnt have taken it back because now you've made it look as though you knew there was a problem.

When someone buys something from a private seller second hand, then they take the risk of the thing breaking apart the next day and they dont have anyway to get their money back.

Has she borrowed it for the weekend perhaps ?
Did you write the mileage down before she took it
What did the receipt say?
Sold as seen should be good

Why on earth did you take it back?

It had recently had some work done in the engine which she knew about. They wouldn’t leave until I said I’d at least take it back to the garage where they did the work as a gesture of goodwill. She’s only had it one day so I felt awful! Her ‘friend’ threatened to call the police and I had no idea what else to do. She refused to drive it herself. I know I didn’t have to do this but I felt in a really difficult position. I’ve said that all I can do is ask the garage to check their work. Beyond that it’s nothing to do with me.

Well I'm afraid it is, now you've taken it back

@Mrsbrownsgargoyle I haven’t taken it back I just delivered it to the garage as she refused to do it herself. I don’t see how this makes me look guilty? Wasn’t I just doing the right thing? It’s a local garage and they did the work on the car.

@Guiltypleasures001 I don’t believe she is trying to scam me. She genuinely wanted the car.

Used cars are sold as seen, and come under the heading buyer beware. You have no obligation to her to check over the car. You sold it in good faith.

Do you believe there was an issue with it? was it very old? just asking out of curiosity.

Now you’ve taken it back it is your problem. Did you have any agreement drawn up to say sold as seen? Because I’m pretty sure there’s a rule somewhere that if they can prove the car was sold with a fault a judge will go in their favour. The same thing happened to m friend and she got awarded the money back. All you had to do when they came round is say you’ve test driven it and there’s no issues from my side so if there’s a problem you take it to a garage. By getting it back yourself you’ve created a huge problem and without knowing accepted the blame.

Don't do anything else. Next time write 'sold as seen' on the receipt. It's not your problem. As a private seller they have no come back through you.

That what I thought @annonnymous. the car was 2012 and mileage of 80,000. Just recently passed the MOT and had some work done on the engine. I told her it probably needed a service. That was all. No issues with it for me whatsoever.

You should never have picked it up. You’re right it’s sold as seen. If she wanted a car with the opportunity to moan about it after she bought it she should have gone to a garage. Like I did recently, I knew I’d pay more but was happy for the peace of mind.

What are you going to do if the garage say it needs xyz doing? Who’s paying for the garage check?

Personally I’d ring the garage first thing tomorrow and cancel the check, take it back to her house and put the key through her letterbox. Warn her if she comes back to your house you’ll call the police.

Caveat Emptor - leave her to it

What’s my responsibility? The car is legally hers

You took it to the garage. She isn't going to be paying any bills now, is she, otherwise she would have taken it to a garage herself. She has come to you with the expectation that you will sort it or refund her for the car. You have put yourself in a precarious position here.

@activitythree the garage are only checking the work they did to see if it’s faulty. They are not doing any work beyond this.

She’s stupid giving you the car back to be honest. Have you sent the log book off yet? She certainly won’t have a new copy from the dvla yet.

Possession is 9/10ths of the law and she can’t prove ownership.

I’m not suggesting you keep it but some less honest people might.

You stop communicating with her. Tell gej garage to ring her and for her to collect.. Did she full in the paperwork?

@NuclearDH yes perhaps this is the best idea

Were you insured to drive the car to the garage?

[quote Raspberrysins]@activitythree the garage are only checking the work they did to see if it’s faulty. They are not doing any work beyond this.[/quote]
You will still have to pay them for labour if it turns out to be unrelated. Argue all you want but by taking the keys from her and driving it to a garage you have now left yourself with a certain responsibility. Not to the buyer, to the garage. The buyer is a CF and an even bigger problem if there does turn out to be an unrelated issue.

As an aside, check she has insured it. Check you can drive it under your own (which will be dependent on her insuring it) and be aware if you crash you will be liable if at fault.

There are so many red flags in this situation.

Yes all the changes with V5 have been done online

Go and get the car. Drop it back off where you picked it up from and post the keys back into the letterbox of the new owner. Did she sign the vehicle registration document? Make sure you send that off ASAP.

@Easterbunnygettingready

You stop communicating with her. Tell gej garage to ring her and for her to collect.. Did she full in the paperwork?

This - step away from it now.

Cross post. Just return car. Don’t let garage touch it. It’s not yours.

You look as though you got caught out, and admitted fault by taking it back.
Really should have let them take you to caught, the garage would have vouched for it's road worthiness.