ferguson_tom Posted April 28, 2014 Report Share Posted April 28, 2014 Hi Everyone I need some advice preferably professional if someone would be so kind to give me a hand. Long story short, I sold my car and gave the bloke a receipt for the money stating i would deliver the car and fix a clutch issue. However the clutch issue is more than I thought it was and going to cost me a fortune to fix so I have offered the person a full refund. At the time he looked at it i told him i thought it was just the clutch needed rebleeding, as it turns out its the new slave cylinder I got fitted in January that has started to leak which is a big job. He has now come back to me saying i have to sell him the car repaired or deliver to him with money off the price and gave me all this jargon about speaking to the 'which' lawyers etc If i offer a full refund can i be forced to sell him in the car which means i have to pay to get the work done. Many thanks in advance. Tom Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted April 28, 2014 Report Share Posted April 28, 2014 have you exchanged the V5 ? Quote Link to comment Share on other sites More sharing options...
ferguson_tom Posted April 28, 2014 Author Report Share Posted April 28, 2014 No that hasnt been done yet. Quote Link to comment Share on other sites More sharing options...
malkiserow Posted April 28, 2014 Report Share Posted April 28, 2014 are you a motor trader/business and what is in writing? Quote Link to comment Share on other sites More sharing options...
Psyxologos Posted April 28, 2014 Report Share Posted April 28, 2014 No that hasnt been done yet. This might be your saving grace. I believe you might be able to just cancel the sell as the product, unknowingly to you is not in the condition you advertised it so you are saving the buyer from buying faulty goods. Perhaps speak to consumer direct etc. Sellers have rights too... Quote Link to comment Share on other sites More sharing options...
holly Posted April 28, 2014 Report Share Posted April 28, 2014 where was it offered for sale ? Quote Link to comment Share on other sites More sharing options...
ferguson_tom Posted April 28, 2014 Author Report Share Posted April 28, 2014 No just a private car sale I am not a trader. Wording was something like sale of car reg model etc including delivery to buyers address, underneath his signature he put clutch issue to be resolved. At time of him viewing the car the clutch played up so i said i think it just needs bleeding and would do that before delivery but as i say it turns out to be a much bigger issue. Majorly annoyed as already knocked a load off the price to him as needed it gone. Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted April 28, 2014 Report Share Posted April 28, 2014 (edited) Sorry I misunderstood your post If you have excepted the offer from the purchaser and his money and provided a receipt with conditions of sale ( ie clutch repair ) then you've entered into a legally binding contract the conditions of which you cannot vary. The V5 is only proof of registered keeper not owner. Its no different to you buying a car from a dealer who says he will give it a full service before delivery or fill it with a tank of petrol. I'm afraid you are honour bound to keep your part of the bargain or you will be in breach and the other party will be legally entitled to damages. Edited April 28, 2014 by Fisherman Mike Quote Link to comment Share on other sites More sharing options...
birdsallpl Posted April 28, 2014 Report Share Posted April 28, 2014 It's a long time ago that I did contract law but as I recall 1) you put a good up for sale 2 ) someone makes you an offer for that good 3) you accept that offer and receive payment Contract is made I'm sure there will be some barrack room lawyer who will point out some failing in my description. I think you have made a contract, however in saying that will he really be that bothered to take to task over it. Quote Link to comment Share on other sites More sharing options...
ack-ack Posted April 28, 2014 Report Share Posted April 28, 2014 (edited) Mung? Where art thou? Edited April 28, 2014 by ack-ack Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted April 28, 2014 Report Share Posted April 28, 2014 (edited) No just a private car sale I am not a trader. Wording was something like sale of car reg model etc including delivery to buyers address, underneath his signature he put clutch issue to be resolved. At time of him viewing the car the clutch played up so i said i think it just needs bleeding and would do that before delivery but as i say it turns out to be a much bigger issue. Majorly annoyed as already knocked a load off the price to him as needed it gone. That may be your get out of jail card... just do what you are contractually obliged to do ie bleed the clutch.... you didn't know at time of sale that it wasn't serviceable so offer him the car with the clutch bled or a full refund and call his bluff... Although technically the law his on his side he would be an *** if he pursued you mind you your inspection could uncover a major gearbox problem too or failed suspension bushes. Edited April 28, 2014 by Fisherman Mike Quote Link to comment Share on other sites More sharing options...
ferguson_tom Posted April 28, 2014 Author Report Share Posted April 28, 2014 Cheers for the quick advice guys, I have just decided to wash my hands with it and gave him more money off the car which has been accepted. I am gonna just put the financial loss down as an experience and remember people can be like this in the future. Quote Link to comment Share on other sites More sharing options...
Harnser Posted April 28, 2014 Report Share Posted April 28, 2014 I wouldn't have thought that replacing the slave cylinder would have been such an expensive job . I think that you have been more than fair by offering him a full refund . I wouldn't go any further than what you have offered . If he wants the car then have the clutch bled as agreed. Buyer beware . Harnser. Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted April 28, 2014 Report Share Posted April 28, 2014 If the slave cylinder was replaced in January it must still be under warranty?-The V5 is not proof of ownership btw-the paperwork you gave him where you accepted money in exchange for the goods, however, is. Quote Link to comment Share on other sites More sharing options...
Hamster Posted April 29, 2014 Report Share Posted April 29, 2014 Consideration (money) need not be adequate in contract law, meaning you agreed to sell at a given price with a given verbal promise so the fact unseen repairs mean you are worse off as a result do not affect the buyer. In practice you did the right thing. Quote Link to comment Share on other sites More sharing options...
delburt0 Posted April 29, 2014 Report Share Posted April 29, 2014 (edited) Private sale you can do what you want, return him the deposit with a apology, if he doesn't want this offer him the car has his. If he won't accept this put the deposit some where safe for when he realises he hasn't got a leg to stand on. Edited April 29, 2014 by delburt0 Quote Link to comment Share on other sites More sharing options...
bazzab Posted April 29, 2014 Report Share Posted April 29, 2014 My understanding that these hand written reciepts arent worth the paper there wtitten on!!! My advice call Citizens Advice mate. Only way to be sure. Quote Link to comment Share on other sites More sharing options...
ferguson_tom Posted April 29, 2014 Author Report Share Posted April 29, 2014 (edited) Thanks again everyone. As i mentioned in a previous post we just come to an agreement on the price. To be honest i would probably have sold it to him at the reduce price we agreed anyway if we just discussed it however getting an email saying I am contractually tied in been speaking to legal teams etc got my back up to the point I would rather drive the thing to the scrap yard and get pennies for it. I sometimes think is it just me being too soft as I try to treat people fairly even if i dont know them from adam, i have bought and sold cars that have had niggles or the deal fallen through and just accepted it as one of those things with second hand motors, whereas some people just seem out to shaft everyone along the way. Edited April 29, 2014 by ferguson_tom Quote Link to comment Share on other sites More sharing options...
thepasty Posted April 29, 2014 Report Share Posted April 29, 2014 I would have told him to run and jump in an unpolite manner, some people take the ****. Quote Link to comment Share on other sites More sharing options...
kent Posted April 29, 2014 Report Share Posted April 29, 2014 No just a private car sale I am not a trader. Wording was something like sale of car reg model etc including delivery to buyers address, underneath his signature he put clutch issue to be resolved. At time of him viewing the car the clutch played up so i said i think it just needs bleeding and would do that before delivery but as i say it turns out to be a much bigger issue. Majorly annoyed as already knocked a load off the price to him as needed it gone. There is your answer he put the clutch issue under his signature Give him his money back if he wants to take it to court then the stuff about the clutch needs to be above his signature, if he pushes it is likely to backfire on him big time! Some people just act honestly and reasonably and get on with life I say. IMO the guy simply cannot negotiate and thinks he needs to be tough to force a deal, laugh it off and tell him to take his money and do one- but remember to smile Quote Link to comment Share on other sites More sharing options...
crossy 666 Posted April 29, 2014 Report Share Posted April 29, 2014 I would of told him you will send all the new bits with the car and he gets them fitted or you not selling it him. It down to him then Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted April 29, 2014 Report Share Posted April 29, 2014 Cheers for the quick advice guys, I have just decided to wash my hands with it and gave him more money off the car which has been accepted. I am gonna just put the financial loss down as an experience and remember people can be like this in the future. Yep...we never stop learning.. You did the right thing... What goes round comes around. ! Quote Link to comment Share on other sites More sharing options...
al4x Posted April 29, 2014 Report Share Posted April 29, 2014 On the upside you flogged him a rover so odds are its a blessing in disguise getting rid Quote Link to comment Share on other sites More sharing options...
countryman Posted April 29, 2014 Report Share Posted April 29, 2014 I cant offer any advice but you have my sympathy, this buyer sounds a right anorak, some people are rely nasty in this world. Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted April 30, 2014 Report Share Posted April 30, 2014 Should have had me stood behind you while he tried it on Quote Link to comment Share on other sites More sharing options...
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