dipstick0_0 Posted September 12, 2012 Share Posted September 12, 2012 I have recently sold a vehicle on the internet the buyer arrived inspected and drove the vehicle was given all previous mot and service history to confirm the mileage paid me cash and drove it home over 350 mls two days later he informs me a headlight bulb was not working and that caused him a problem driving home on dip also he claims the vehicle was given an advisory about an oil leak on the last mot even though it passed its mot and I should have declared that (I honestly forgot all about it)I have offered a full refund on the vehicle if he returns it in the same condition The question is do I have to collect the vehicle and give him a refund or should I just wait for him to return it to me Hope this makes sense :'( :$ Link to comment Share on other sites More sharing options...
Tony Jones Posted September 12, 2012 Share Posted September 12, 2012 I'm no lawyer Alan, but as far as I can see, you've NO obligations at all to this guy. Unless you're in some way part of the motor trade, this was a private sale and as such it's "caveat emptor" - buyer beware. Whenever I've sold a vehicle privately, to be on the safe side I've always noted on the bill of sale "as seen tried and approved," but in fact that's the legal position anyway. It was up to him to check things like the headlights for himself, and presumably you handed over all relevant documents so you weren't deliberately hiding anything about the MoT advisory. Even if you didn't, the only time you'd be liable would be if you'd made a FALSE statement to him, but just not mentioning something doesn't count. Any better-read lawyers than me want to add anything? Link to comment Share on other sites More sharing options...
lennyhb Posted September 12, 2012 Share Posted September 12, 2012 He inspected it drove it you showed him the documents he brought it. Sounds like he is just trying it on, buyers do not have as much right when buying from a private seller as when buying from a dealer, unless you deliberately miss lead him you don't need to do anything. The oil leak was mentioned on the paperwork you gave him, headlamp bulbs can go at any time you certainly shouldn't have offered a refund unless there was something seriously wrong with the vehicle you are not telling us about. As you have offered a refund it's up to him to return it if he does I would check it over very carefully and check the mileage also make sure you have proof of his resident address in case there are any repercussions traffic offences while in his possession etc. I would go back to him and tell him your have checked your obligations and are not prepared to refund. Link to comment Share on other sites More sharing options...
dipstick0_0 Posted September 12, 2012 Author Share Posted September 12, 2012 I was hoping that would be the answers I really would not want any hassle so would be only too happy to give a refund but I dont want to be driving 350 mls to collect the vehicle Link to comment Share on other sites More sharing options...
nowtelse2do Posted September 12, 2012 Share Posted September 12, 2012 Mmm, He may have had time to change engine, or gearbox. Don't do it, he bought it 'as seen' so should have pick up any advisory on the mot. In any case that's what it is an advisory not a failure. Sound like he is trying it on. Dave Link to comment Share on other sites More sharing options...
flicka Posted September 12, 2012 Share Posted September 12, 2012 The Law ? Isn't possession 9/10th's of it, you have his money hold on to it & write a brief letter stating "Bought as seen" It's a try-on. Link to comment Share on other sites More sharing options...
nowtelse2do Posted September 12, 2012 Share Posted September 12, 2012 If he has come 350 mile for it, then you must have advertised it somewhere. Print the ad off and keep it just in case. Providing you haven't mislead him of course. Dave Link to comment Share on other sites More sharing options...
dawki Posted September 12, 2012 Share Posted September 12, 2012 Hi Dipstick I think you need to be firm with this joker, He has inspected the vehicle and agreed to buy it. There was no warranty given with the vehicle, so don't be bullied into giving a full or partial refund. if you sold through ebay they will not expect you to give any refund Link to comment Share on other sites More sharing options...
ips Posted September 13, 2012 Share Posted September 13, 2012 What exactly did he want from you, did he ask for a refund or some money back ? As stated by previous poster oil leak was advisory, testers often put advisory's on now as it covers them and shows they are doing there job. My daughters and wifes cars have had advisorys on for last two years and they still keep passing them. I think we need to know what the buyer expects of you before we can give further advice. Link to comment Share on other sites More sharing options...
PJay Posted September 13, 2012 Share Posted September 13, 2012 Did you send of the change of owner part ,( V5) to DVLA? If so don 't give a refund, Have you had a reply from DVLA to say that the vehicle is no longer yours? You should have had notification from them. When I traded in my car I got a reply back from DVLA It may have been used for criminal activities!! Link to comment Share on other sites More sharing options...
Brian Kirby Posted September 13, 2012 Share Posted September 13, 2012 If you really want the comfort of knowing where you stand legally, either talk to Citizen's Advice, or Trading Standards. Otherwise, what has already been said seems about right. Strictly, you should have mentioned the advisory, but the significant issue is that it passed it's MoT. If you handed over the advisory with the MoT (I'm assuming that is how he became aware of it), it was there for him to read when he was going over the documents, so it is his fault, IMO, for not reading everything before buying. Caveat emptor is not carte blanche to withhold critical information, it is a concept based on reasonableness. If you didn't hand over the advisory, it could look bad, as you do have a duty to declare all you know. On the other hand, you are also allowed to be human, and we all forget things from time to time. :-) Headlamp bulbs do fail, he just needs to buy a new one, this is not an issue. Link to comment Share on other sites More sharing options...
RogerC Posted September 13, 2012 Share Posted September 13, 2012 One blown bulb which can occur at any time and an 'advisory' is not IMO grounds for what the buyer is wanting. I would say the buyer is trying it on or there is something else going on....maybe his Mrs doesn't like it.... ....as an aside if he's got such a problem driving on dipped beam maybe he shouldn't be driving in the first place. Link to comment Share on other sites More sharing options...
lennyhb Posted September 13, 2012 Share Posted September 13, 2012 The more I think about it the fishier it sounds, no way should you refund. Link to comment Share on other sites More sharing options...
Mike88 Posted September 13, 2012 Share Posted September 13, 2012 This is what "Which" says. If you buy a second hand car privately "If you buy a second hand car from a private seller you have fewer rights than if you buy from a dealer. Key parts of the Sale of Goods Act don’t apply – there is no legal requirement that a car is of satisfactory quality or fit for its purpose. However, legally, the seller must: accurately describe the second hand car (for example, an advert must not say ‘one owner’, when the car has had several) not misrepresent the second hand car (tell you something about the car which isn’t true – so, for example, if you ask whether the car has ever been in an accident, the owner must answer truthfully)" --------------------------------------------------------------------------------------------------------------------------------------- It would appear from the above that the buyer has absolutely no legal entitlement to a refund as long as there was no misrepresentation. One problem of refunding the money is that the seller and buyer will have completed the necessary transfer documents and to rescind these could prove to be a bureaucratic nightmare and leave the seller open to be conned as the vehicle is probably now in the buyers name. My advice would be not to refund the money unless you are guilty of misrepresenting the vehicle which I am sure you are not. Link to comment Share on other sites More sharing options...
dipstick0_0 Posted September 13, 2012 Author Share Posted September 13, 2012 again thanks for all the comments its making me feel a lot better I just dont like to think that someone has bought something from me and not happy with it even though I know what he claims are only minor problems I would rather give him his money back and sell it again but I am not happy that he expects me to collect the vehicle guess I must be getting old at one time I would not worry about it Link to comment Share on other sites More sharing options...
Mike88 Posted September 13, 2012 Share Posted September 13, 2012 dipstick0_0 - 2012-09-13 8:00 PM again thanks for all the comments its making me feel a lot better I just dont like to think that someone has bought something from me and not happy with it even though I know what he claims are only minor problems I would rather give him his money back and sell it again but I am not happy that he expects me to collect the vehicle guess I must be getting old at one time I would not worry about it Just make sure you have proof of your return of the payment. Refund by cheque if possible. If you give him cash he could later claim that he had not received it and as the vehicle by now could be in his name you could find it difficult proving that the vehicle is not his. Link to comment Share on other sites More sharing options...
jhorsf Posted September 14, 2012 Share Posted September 14, 2012 Just swop places with him a moment would you expect to get your money back? for a headlight bulb is this a wind up? (lol) He came he saw he inspected he tested he bought end of Link to comment Share on other sites More sharing options...
Guest JudgeMental Posted September 14, 2012 Share Posted September 14, 2012 jhorsf - 2012-09-14 1:02 AM Just swop places with him a moment would you expect to get your money back? for a headlight bulb is this a wind up? (lol) He came he saw he inspected he tested he bought end of Exactly... For Gods sake Just ignore him and let him do his worst! Just another chancer dont encourage it..... Link to comment Share on other sites More sharing options...
ips Posted September 14, 2012 Share Posted September 14, 2012 Agreed sounds a bit wierd to me. Link to comment Share on other sites More sharing options...
lennyhb Posted September 14, 2012 Share Posted September 14, 2012 dipstick0_0 - 2012-09-13 8:00 PM again thanks for all the comments its making me feel a lot better I just dont like to think that someone has bought something from me and not happy with it even though I know what he claims are only minor problems I would rather give him his money back and sell it again but I am not happy that he expects me to collect the vehicle guess I must be getting old at one time I would not worry about it NO! NO! NO! DON'T give him his money back sound too much like a scam of some sort. Link to comment Share on other sites More sharing options...
Guest JudgeMental Posted September 14, 2012 Share Posted September 14, 2012 you come on here asking advice, all have said ignore and still your considering taking van back. If you ignore the advice why ask for it.....just stop talking to him? and tell him your calling the police if he persists as you feel it is a scam and feel threatened. Link to comment Share on other sites More sharing options...
duetto owner Posted September 15, 2012 Share Posted September 15, 2012 in law the driver should check its roadworthy before driving eg checking the lights before driving etc. ignore him. Link to comment Share on other sites More sharing options...
Tracker Posted September 15, 2012 Share Posted September 15, 2012 I too would politely tell him to go forth and multiply! I assume that he paid a lot less than a dealer would have charged for the van? You have done nothing wrong and with so much to do and explain when selling a complex vehicle like a motorhome some things are bound to get missed. If I had bought it and was happy after the 350 mile drive home I would be very thankful that only a headlight bulb was needed - plus a drip tray under the van! Link to comment Share on other sites More sharing options...
Keithl Posted September 15, 2012 Share Posted September 15, 2012 Guys, Where has the reference to MH or van come from? All Alan has ever said in his posts is that he sold a 'Vehicle'. It could equally have been a Reliant Robin for £50 as a MH for several thousand pounds. Alan, what magnitude of value are we talking about here, £50 or thousands? Keith. Link to comment Share on other sites More sharing options...
Brambles Posted September 15, 2012 Share Posted September 15, 2012 I shall guess it is a 10 year old pug convertible for under 2 grand. I have just done a bit of sleuthing on ebay. Link to comment Share on other sites More sharing options...
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