Overhaulin'

Private car sales rights - as a seller where do I stand?

Good evening, I was hoping for some advice with regards a car sale I made on the weekend. I sold my car on ebay last week (http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=110631109956&ssPageName=STRK:MESOX:IT), on Saturday the winning bidder came to buy the car, they arrived and knocked on the door and the buyer came in and handed me the cash and was ready to sign all the documents straight away, I thought this quite strange and actually said to her 'would you like me to show you around the car first?', and so we did, I pointed out some aspects of the car that were not perfect (which were in the advert - although she hadn't come to inspect the car beforehand), I pointed out that it could do with 2 new back tyres, that there was a crack in one of the back chrome extras, the alloys could do with touching up and that it needed a new aerial. She said fine, and was happy but didn't even ask me to start up the engine, I asked her if she wanted to hear the engine and so I started it up for her. I told her it had been off road since October and had sat in the snow and frost and that I had had a mechanic give it a quick look over and he had said that it seemed to be in good working order but that the brakes may have seized up somewhat due to the adverse weather conditions and the fact it had not be driven for so long, he told me that he felt if this was the case that they would be stiff to begin with but should get better as it was driven. The buyer said thats fine and that she understood. She was happy with it all and so handed over the cash and then we did all the paper work and I made a receipt with her name and address on it, the price she had paid and stated 'sold as seen, no warranty implied or given' which is what I had been told to write by others. After they had left my wife was going to town and so said she would post the car documents on her way. About 20 mins later I received a phonecall from the buyer saying that the brakes were so stiff that she had had to pull over and the brakes felt red hot, she said she understood that I had told her this but was unsure as to whether this was safe, I told her I would phone a mechanic and ask him what he thought, he said that without testing the brakes he obviously couldn't comment on exacly what the problem was and so didn't want to advise, however he thought that they would have seized up due to their inactivity and weather and should get better after time. I told the buyer what he had said and she said that she appreciated I had told her that this had been my concern before she had bought the car and before she left. After discussion we decided that I would call the RAC and see if they would come and help. I did this and the RAC came to their rescue and diagnosed that the brakes had indeed seized up and that it was risky to drive it, he said it needed new callipers, brake discs and brake pads. They decided that the best solution was to drop it back to my house and that they would look at getting it repaired, I told them that I would help out by trying to get some quotes from local garages for them and they thanked me for this. Today I received a message on my phone from the buyer saying that although she was happy that I was going to find quotes for her that she felt that I should either pay half of the costs or that I should give her her money back. I have not responded yet as I feel rather annoyed about this, I mentioned the fact and it was in the advert that the car had been declared off road since October and I said to her before she signed any paper work that I had been told that the brakes may have suffered due to the weather and inactivity. At no time did she ask to test drive the car at at no time did she say that she was concerned about this. I was hoping you could tell me my rights here, I feel that I have done everything I needed, and in fact I did more helping out by calling the RAC, by allowing it to be brought back to my house, by saying that I would get some quotes, and even by getting her to look at the car and hear the engine etc, which she wouldn't have done if I hadn't have said. I did not know that the brakes would need extensive work, however I had warned her before she bought the car that they may be a problem (again I don't think I had to mention this as the seller as she hadn't asked me). Do you think I should step back and tell her that I do not feel it is my problem anymore as I have helped more than perhaps I needed to already, or should I offer some money to help smooth the deal, I got less for the car than I wanted in the 1st place. Any advice both legally and morally would be much appreciated. Many thanks, Chris Price

Public Comments

1. To my mind you have already exceeded what is reasonable in your dealings with the buyer. You have not deceived her and she was given ample opportunity to inspect and approve the car prior to purchase. Few sellers would take the trouble to mention faults as you are not obliged to, as a private seller, in law. You are only required to answer any questions about the condition of the car in a honest manner, if asked. My conscience would be clear in this case. Advise her that you have no further interest in the car and that she is now responsible for it's upkeep.
2. you are not responsible. she bought a used car as is and didn't even test drive it. You could give her the money back if you wanted to but don't have to
3. best thing to do from legal point of view in future is write sold as seen on reciept
4. From your story you have done everything right and it is the buyers responsibility. I would refuse to pay for anything and tell them that they need to get the car off your drive asap.
5. You are not responsible, 'sold as seen' as you say it what is says , its up to you if you wish to contribute to smooth the deal as long as its only done as a 'one off' gesture , you told her about the brakes so she cannot say you lied about the condition - I'm afraid this is one of the perils of selling a car - good luck
6. In a situation such as this, U.K. law is very straightforward - Caveat Emptor. This literally means "Let the buyer beware". In other words, it is solely up to the buyer to make sure there are no problems with the car, BEFORE they make payment. Anything that manifests itself after that, is entirely and only their responsibility. The law says you don't have to do a thing, because it's not your problem.
7. In all fairness to your buyer you dont state anywhere in the advert about the brakes being problematic. Isn't that something you should of mentioned in the advert? You even mention it had work done to the brakes recently. Legally, what you would be made to do would depend on how far your buyer was prepared to take it. If they took it to court I think they would win. Irrespective of whether you are a private seller or motor trader, the car must be fit for purpose and as described. If it is not roadworthy (which it obviously wasn't) then you must state the car is for spares/repairs. If you are sensible I'd pay for half the repairs. If not you could end up with a lot of hassles, have to return the money and be left with a car that is worth substantially less.
8. Mm... Hope this helps! http://digbeaut.com/28509/brake-disk
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