Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Sold car privately now they want their money back

221 replies

Raspberrysins · 14/03/2021 16:19

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.

OP posts:
ItsNotLoveActually · 14/03/2021 21:45

Years ago my ex brought a car 2nd hand, private sale. After about a week, something blew (can't remember what) and he took it to the garage. Turns out there was a major issue which the seller had covered up by a temporary shoddy fix. The garage wrote a report. Ex took the seller to the small claims court. Seller obviously denied all knowledge of the cover up. Ex didn't win his case - caveat emptor, however, the seller then tried to claim his loss of earning for having to turn up. The judge then said, whilst he had by law to throw out ex's case, he believed there was a 'cover up' and wouldn't award his loss of earnings.
So, long story short - she's paid for the car, get her to pick it up from the garage - end of. If she still protests, tell her politely you sold it in good faith and that's the end of it as far as you're concerned. She wont win in court.

FunnyWonder · 14/03/2021 21:48

@Essentialgarage

I didn't suggest the garage was some sort of mediation. What a ridiculous thing to say, based on my comment. The mechanic won't give a flying one who they're talking to. He/she will check the car over and let the owner know if there's an issue.

Jeez.

prh47bridge · 14/03/2021 21:56

my understanding is that with a private sale it’s ‘sold as seen’

I'm afraid this is wrong, as are many of the comments on this thread.

If you buy a car from a private seller, it must be fit for purpose (i.e. it must be roadworthy), it must match any description given (e.g. if the advert says it has air conditioning, air conditioning must be fitted and working) and the seller must not have misrepresented the car. A common mistake made by private sellers is to describe the car as a "good runner", which is an implied warranty that it is free from defects. It doesn't matter what the seller does. They can write "sold as seen" on the receipt, put it in the advert or whatever but it will make no difference. These conditions will still apply.

prh47bridge · 14/03/2021 22:02

Pressed sent too early...

So, if your advert on Facebook was truthful and didn't say anything that implied it was free of faults, you are in the clear. However, if you described it as a "good runner" or said anything similar you may be liable if the car is faulty.

And just to clarify something, for a private sale, fit for purpose simply means the car must be roadworthy. It does not mean it has to be fit for any purpose the buyer has in mind. Even if the buyer tells the seller they want to use it to pull a caravan, for example, the seller does not have to ensure that the car is capable of doing so.

Original poster
Raspberrysins · 14/03/2021 22:12

@prh47bridge I've just checked my advert and these were my exact words: Lovely condition little polo. Just had MOT with two new tyres. Smart tinted windows. Selling due to upgrade.

OP posts:
NuclearDH · 14/03/2021 22:19

I think you’d be fine with that. Lovely condition is ambiguous and could refer to the interior or bodywork? 🤷‍♀️ You’ve made no specific claims about the engine, etc.

I recently bought an old car from a dealer and it had multiple issues, some of which made it not road worthy/major faults. Ie, speedo only worked intermittently. He had a legal obligation to sort it but gave me the run around for months. It wasn’t worth the hassle of taking him tomcourt. I paid £150 to fix it and left a shitty review on google for him. I can’t imagine this woman is going to try legal action and even if she did I doubt she would get anywhere.

prh47bridge · 14/03/2021 22:26

@Raspberrysins - The risky bit in that advert is "lovely condition". The rest of it is fine. But it could be argued that any fault means it is not in lovely condition. If you'd left out the word "condition" you would definitely be in the clear. Also, you may have weakened your position by taking the car to the garage.

However, none of that means you should cave in and give her a full refund. She will need to go to court if she wants to force that. There is a decent chance she won't actually do so, particularly if there is nothing wrong with the car and she's just trying it on. I would be clear with her that you only took the car to the garage as a gesture of good will, that it is still her car and that you are not giving her a refund.

annacondom · 14/03/2021 22:43

Well you could ring the garage and ask their opinion about the oil. Make it clear, though, that you've sold it, just want to put the buyer's mind at rest, and that it's not your responsibility any more. Then tell them to phone her and put her mind at rest and come and collect it.

Theunamedcat · 14/03/2021 22:56

By passing the mot its deemed roadworthy anyway and you couldn't duplicate the fault driving it if the garage finds no issues she has lost before she starts

Theunamedcat · 14/03/2021 22:57

Were you driving it daily until you sold it?

Original poster
Raspberrysins · 14/03/2021 23:01

I was driving it daily yes. Also when I drove it yesterday it seemed fine. No warning lights have come on either.

OP posts:
Theunamedcat · 14/03/2021 23:05

She has a case of regrets then or she has a speeding ticket

WisnaeMe · 15/03/2021 02:26

dear oh dear 🌺

DoubleTweenQueen · 15/03/2021 07:23

I'm sure it will be fine - the garage will check the work they did, and you've not experienced a problem with it, so you can move on with a clear conscience and your buyer has no complaint.
Thinking of you today x

Doris86 · 15/03/2021 09:48

@prh47bridge

my understanding is that with a private sale it’s ‘sold as seen’

I'm afraid this is wrong, as are many of the comments on this thread.

If you buy a car from a private seller, it must be fit for purpose (i.e. it must be roadworthy), it must match any description given (e.g. if the advert says it has air conditioning, air conditioning must be fitted and working) and the seller must not have misrepresented the car. A common mistake made by private sellers is to describe the car as a "good runner", which is an implied warranty that it is free from defects. It doesn't matter what the seller does. They can write "sold as seen" on the receipt, put it in the advert or whatever but it will make no difference. These conditions will still apply.

Exactly. When writing a car advert, stick to the facts. Eg. MOT until xx.xx.xx, last serviced on xx.xx.xx, New battery fitted on xx.xx.xx, etc etc. These are all things which can be proved as fact.

Never write things like immaculate, reliable, fault free etc, as these can be a matter of opinion. If it breaks done after the buy has bought it then it can be argued it’s not reliable or fault free for example.

ProfessorSlocombe · 15/03/2021 09:55

@Theunamedcat

By passing the mot its deemed roadworthy anyway and you couldn't duplicate the fault driving it if the garage finds no issues she has lost before she starts
All an MOT does is certify a car was roadworthy when it passed the test. There is no guarantee it's roadworthy an hour later.

( Especially if the scrote that is selling it put 4 good tyres on for the MOT and then put 4 bad ones on before you drive off )

donewithitalltodayandxmas · 15/03/2021 10:35

Sold as seen that being said if i bought a car and the next day there was smoke from the engine I would go back to the seller as legally I could take them to court and I would give them a chance to rectify first

donewithitalltodayandxmas · 15/03/2021 10:39

Smoke coming from the oil cap I would be very concerned about , did you know about that before selling it ?

donewithitalltodayandxmas · 15/03/2021 10:45

This is also why I never buy from private sellers its just too risky at least with a dealer you will have some comeback

willibald · 15/03/2021 11:15

@donewithitalltodayandxmas

This is also why I never buy from private sellers its just too risky at least with a dealer you will have some comeback
We actually lease ours now and it's bliss.
StellaDendrite · 15/03/2021 14:15

It was smoking under the oil cap though at the end. I’m not sure this is always something to worry about.

TBH I think my sympathies are with the buyer. I would be feeling pissed off if I had just spent thousands on a car that had did this if it had been described as being in ‘lovely condition’. Hopefully the garage will be able to identify what is wrong and that it’s an easy fix. If it’s not an easy fix ie something like a blown gasket then I think it’s shady for you not to return her money. I do not know how a court would interpret your advert. ‘Lovely condition’ is more ambiguous that of you had said it runs beautifully but it still implies that the car is in good condition..... which is untrue if it’s got something wrong with it. Even if it’s a private seller the new purchase can expect the car to be roadworthy unless otherwise stated by the seller.

If the car can’t be easily fixed and you don’t offer to fix it or refund her money I wouldn’t be surprised if she took you to the small claims court. I would.

Fingers crossed it’s an easy fix though and it all gets sorted amicably. That would be the best result for everyone.

bondgirl76 · 15/03/2021 17:27

We had a similar problem
My son sold his Ford escort.which was in excellant condition.New mot..clean..absolute bargain.Sold it on a Friday..guy came back on the Monday..wanted a refund..says it was smoking...I think he wanted it for the weekend ..He held his ground..my son..The guy was mental..court..police etc...go for it....Never heard from him again

bondgirl76 · 15/03/2021 17:31

Think she was

LoverOfAllThingsPurple · 15/03/2021 17:39

I’d have left them sitting on the doorstep and called the police for them trespassing. I wouldn’t put it past them having something to do with it and just don’t want to lose any money.

Jeeperscreepers69 · 15/03/2021 17:45

Drop the car off for her and tell her its her car now not yours. Should of checked it over before purchase