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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:
Frazzled2207 · 15/03/2021 20:51

Good outcome and well done. We have sold cars privately but I had to admit only because Dh is happy to do the negotiating. I wouldn’t fancy personally. But in the end you’ve handled it well.

SylHellais · 15/03/2021 20:54

Glad to hear it worked out ok. Selling privately is a ballache, but you do have to be confident and stick to your guns.

annacondom · 15/03/2021 20:58

Nice one, Raspberry. Well done for doing the right thing. I'm glad it's turned out well.

WeBuiltThisBuffetOnSausageRoll · 15/03/2021 20:59

Perfect conclusion for all Smile

Queenie6655 · 15/03/2021 21:01

You did the right thing well done OP

It must have been scary though xxx

Tangogolf55 · 15/03/2021 21:06

You need to make sure she picks the car up.

LookItsMeAgain · 15/03/2021 21:36

You sold it privately.
There is a legal precedent called Caveat Emptor (buyer beware) and it is up to the buyer to get the car checked out before they buy it not for you to do it after it's been sold.
You shouldn't have taken it back. You were under NO obligation to do so. You should have told the buyer that the car was theirs now and nothing to do with you any more and hang up on them/close the door/tell them to get to fuck/whatever.

As you have taken the car back and gone to get it checked out, I have no idea what your responsibility is now.

LookItsMeAgain · 15/03/2021 21:38

Just seeing your update on page 2 - that was a lucky escape and you have to get tougher if you plan on selling any thing at all online, not just a car Grin

WisnaeMe · 15/03/2021 23:17

Well done OP 🌺

caringcarer · 15/03/2021 23:43

You should have let her friend call the police. They would have done nothing. The only thing you did wrong was to take the car back.

llizzie · 16/03/2021 01:14

They should have had their own mechanic look at the car before they bought it.

The CAB would be able to give you advice on whether or not you should have taken back possession of it. Perhaps you have legal advice on your house insurance? Some policies even have legal aid up to a max as well as legal advice which is always free.

scubadive · 16/03/2021 07:05

@Raspberrysins well done op. I think you did the right thing in the circumstances. (Although definitely not driving it yourself to the garage, hadn’t you changed your insurance by then, also if someone had crashed into you, your old insurance, even if not yet cancelled, would have refused to pay out as there had been a change to your policy tgat you hadn’t told them about. You should have arranged for them to take it to your garage)

That said I am glad you were kind and thought about the buyer, the law was on your side but you showed care and compassion and treated someone how would have wanted to be treated. Well done for resolving. I hope you don’t have any further bother from them.

jontyl · 16/03/2021 07:58

So long as you didn't misrepresent the car (UK law). Saying things about it that were false. The onus is on the buyer to sus the car out.

Doris86 · 16/03/2021 08:01

Don’t let one bad experience put you off selling privately. You were unlucky this time, but selling privately will always make you hundreds or thousands of pounds better off than selling to a garage of WBAC.

I’ve sold countless cars privately over the years. The only comeback I’ve ever had was a message saying ‘Thankyou for the car, I’m very pleased with it.’

SchadenfreudePersonified · 16/03/2021 09:36

I;m glad you got things sorted OP - and FWIW, even though you didn't have to do this for the buyer, I think its very commendable that you did.

Like you, I would have been concerned that I had left an innocent buyer with a big bill and would have felt uncomfortable with it.

Roselilly36 · 16/03/2021 09:58

Pleased it turned out OK In the end OP Flowers

Peggyrose3 · 16/03/2021 16:06

If you buy a car privately or from garage you have 30days to return it if you have good reason. The person who sells a car is legally responsible when selling a car that it is fully road legal and safe. The old saying “you Bought it as you saw it” just isn’t legal any more and the buyer Has a lot more protection From trading standards . She has the right to ask for her money back if she has a good Reason . You are also allowed to refuse this reason . Which then means it would have to go via a trading standards Process.

You have the right to fight it. you sold the car at the belief it was road legal and it was safe.
Hope you get it sorted . Iv been in position like this and it’s really stressful .

AWhisperWillDoIfThatsAllYouCan · 16/03/2021 16:10

@Peggyrose3

Trading standards dont do that. They dont get involved in individual consumer cases on behalf of an individual. You cannot even report to trading standards directly.

You can report to consumer advice, and they will pass complaints onto trading standards. Trading standards step in to shut down dangerous or illegal business, usually after many many individual complaints, but they dont get money back for any of those people who complained or act as an intermediary or anything.

AWhisperWillDoIfThatsAllYouCan · 16/03/2021 16:17

And the 30 day thing you're talking about... what? Cannot find that anywhere.

The only legal requirement for a private seller is that they have the right to sell the car and the car must he road worthy. As the fault in this case developed right after the sale, it was worth the OP having the garage sort it because the buyer could have dragged her through small claims. But if you sell your car privately, the buyer cant just return it. That's not how it works and trading standards wont give a shit if you phone consumer advice and say, "I bought a car from some guy called Bob 2 weeks ago and now I want to give it back. He said no".

Jeeperscreepers69 · 16/03/2021 18:48

Anyone who buys a car on faceshite is not really in a position to complain it has square wheels tbh

prh47bridge · 16/03/2021 23:55

The only legal requirement for a private seller is that they have the right to sell the car and the car must he road worthy

No, that isn't the only legal requirement. The car must match any description that the seller gives. But you are correct that the 30-day short term right to reject does not apply when buying from a private seller. You are also correct that trading standards wouldn't get involved in a private sale.

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