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Legal advice urgently needed on car sale


ferguson_tom
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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

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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...

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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.

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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 by Fisherman Mike
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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.

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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. :whistling:

Edited by Fisherman Mike
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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.

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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.

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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 by delburt0
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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 by ferguson_tom
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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 :lol: 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 :yes:

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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. !

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