Buyer of car wants me to pay for repairs

D

DubGal

Guest
Hi All,

Just looking for some advice. I recently sold my car privately. The person who was interested in the car called and asked could we meet so they could have a look at it. We duely met up and the buyer brought their mechanic to look at the car as well. I produced the service history and also a receipt for a service that I just had done on the car. They were delighted with it and made an offer straight away which I accepted.

We met the next day and signed all documentation and exchanged money and keys. Later that week I recieved some text messages asking me about a noise in the car. I assured the buyer that I was not aware of a noise in the car in all the time I had been driving it.

The buyer subsequently had the car checked and claims that the engine mounting is gone and needs to be replaced. I received a phone call basically telling me that I had to pay for these repairs. I dont believe its within my remit to pay for repairs on a car that is no longer mine. Should the "mechanic" who looked at the car not have spotted the fault and recommend that it be fixed before their client would purchase the car..?

Any advice much appreciated!
 
As the car was sold privately it is not up to you to pay for anything, he is just chancing his arm cause his mechanic prob didn't see this when he checked it over..

You have the money, the car is signed over to him... deal done..!!!!!
 
Thats what I thought too but I dont want to be mean about it. Like if I was legally obliged to pay half or whatever I would but im not gonna be taken for a ride thats all!

I have a feeling it will end up in court to be honest because the buyer just wont let go! Id say ill receive more phone calls before they back down!
 
I'd agree with angry girl. And i would imagine the fact that he brought his mechanic with him during the sale should work in your favour too - ie the car was inspected and deemed to be functioning properly when you sold it. Whatever happened to the car subsequently is hardly your fault.

It would also be interesting to find out who checked the car and declared the engine mounting to be gone?

Was it the same mechanic? Hmm... fishy.

Was it another mechanic? Then why?

They'd be crazy to try to bring a case like that to court.
 
Would you believe there was a similar thread a couple of weeks ago - take a look here

The general concensus seems to be that one is under no obligation to repair or contribute towards repairs after a private sale - tell your buyer to go swing for it - and don't pay anything - anyway how do you know he didn't have an accident the day after buying it from you and caused the damage himself?

He's only chancing his arm so don't let him!
 
Yeah thats the way I was looking at it too. Surely the mechanic is really at fault as the car obviously wasn't inspected properly.

The sale was very quick as well though. The buyer literally looked at it and said they wanted it straight away and had the money etc the next day! I was shocked that it happened so quickly as I sold the car for 10k. If I were parting with that money for a car id want to have an in depth check on the car!

When I mentioned seeking legal advice about the situation on the phone they seemed to back down a bit. I think they might know that theres no real comeback and its their own fault really.
 
exactly, get tough with him and tell him you have gotten legal advice and you are under no obligation to pay for anything, he was happy to pay the price for the car as it stood on the day he and the mechanic looked at it that might make him back off..

Ask him to stop contacting you in relation to this!!!

God people like this make me the angry girl i've turned into
 
I know that feeling! I have to admit im a bit of an angry girl myself!! Where do people get off thinking you owe them something!! Grrrr it makes my blood boil!
 
If you give part payment etc it's going to look like you are accpeting responsibility to some degree, which won't work in your favour if the situation gets worse.
 
Very true, I never thought of it like that actually. At the moment the way it lies is that the oweness was on the buyer to get the car thoroughly checked prior to purchase, so its all on their head right now!
 
I read a case about someone suing because they bought a car privately and subsequently found it to have been "cut". Judge dismissed it as it was a private sale and said seller had no liability to compensate as they were unaware of fault.
 
the oweness was on the buyer to get the car thoroughly checked prior to purchase
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...which he did as he had his mechanic out to check it over. Tell him to contact the mechanic.
Even if he didn't have a mechanic out, I doubt he would have a case unless you clearly mislead him or lied about something.
 
the only way you can be held liable is if he can prove 100% that you knew of the fault and it would have "substantially"decreased the value.
How is he going to prove that you knew.
Ignore them or threatend with court action if they do not leave you alone.
 
Thank you all for your advice. Its much appreciated! If im contacted again in relation to the car ill just play hard ball and threaten legal action! Thanks again guys!
 

Even then no liability exists. There is no implied warranty in a private sale ever.

It's up to the buyer to find any faults before the sale is finalised.

If a problem appears afterwards, there is no liabilty on the part of the seller.
 
The cheek of the buyer even to ask. your a very patient women, If I had sold him the car under the circumstances you describe and he called back, it would be a very short converstation. do not entertain him. Buyer beware and all that.
 
As far as I recall from my basic Law lectures in college, one of the basic tenets of consumer legislation is "Caveat Emptor" - let the buyer beware, and this is a perfect illustration of such a case whereby the buyer accepts the car as seen and in good faith as in PMO. Anything that emerges subsequently is the responsibility of the buyer, not the seller.
 
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