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Sold my car, buyer wants to return it

  • 25-11-2015 1:57am
    #1
    Registered Users, Registered Users 2 Posts: 7


    i sold my 2003 car on donedeal a few days ago,car going well and new 12 month nct,polish guy drove and inspected it,told me it should be quicker and kind of complained he had seen better faster examples,i said no problem and was going in home,when he said if i gave him a low price (€1300 instead of €1850) he would 'take keys documents and it would be his problem,i wouldnt hear from him again' .... so we agreed on his price..next day hes looking for his money back, am i legally in the right to refuse?


«1

Comments

  • Registered Users, Registered Users 2 Posts: 8,239 ✭✭✭Guffy


    When it comes to second hand cars its a case of caveat emptar no? Its bought as seen and he has no come back


  • Registered Users, Registered Users 2 Posts: 27,349 ✭✭✭✭super_furry


    Tell him to whistle for it. He has no comeback.


  • Registered Users, Registered Users 2 Posts: 136 ✭✭mckar


    I'd say no chance he had made his mind up when he bought it. Did you send of the change of owner slip yet ? I'd tell him you did and there really is no going back when you buy cars privately.


  • Registered Users, Registered Users 2 Posts: 7 serato


    i did send the reg papers off yes, thats why i didnt initially want to give the cash back,because it might take a long time to get them back after going inti his name


  • Registered Users, Registered Users 2 Posts: 6,539 ✭✭✭dobman88


    Ya buy it as ya see it



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  • Registered Users, Registered Users 2 Posts: 136 ✭✭mckar


    Could be a con either try get to keep car and get cash back mabe not either but I wouldn't even trust anyone in that situation. Even if you wanted to give his cash back he's now put you in a situation where you can't sell your car . You don't have the forms to sign it over and you would need to change it back to your name that could take weeks.


  • Registered Users, Registered Users 2 Posts: 6,575 ✭✭✭166man


    Politely explain to him that it's sold as seen with no warranty written verbal or implied.

    Then suggest that he jogs on and go inside.


  • Registered Users, Registered Users 2 Posts: 1,037 ✭✭✭duffman3833


    Once you buy privately there is no come back, its Sold As Seen. If he does keep hassling you, report him to guards with his details, happened me before.


  • Registered Users, Registered Users 2 Posts: 2,620 ✭✭✭Rick_


    Did you drive to meet him somewhere, or is he local and you would possibly run into him again?

    If you only have a mobile number he contacted you on, and he's not form your area, you can block it so he can't contact you again and pester you about it. But only do this after you've explained to him that the deal is done, no refund will be given and it is his own fault for buying the car if he wasn't happy with it or had it properly checked beforehand.

    As another poster has said - caveat emptor. He hasn't a leg to stand on.


  • Registered Users, Registered Users 2 Posts: 809 ✭✭✭filbert the fox


    gufc21 wrote: »
    When it comes to second hand cars its a case of caveat emptar no? Its bought as seen and he has no come back

    No, caveat emptor


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  • Registered Users, Registered Users 2 Posts: 527 ✭✭✭acronym Chilli


    The guy's being an idiot.

    Don't know what make/model the car is, but only 12 years old with 1yr NCT he can surely sell it for €1000 in the morning and only be down €300 even if it has developed some sort of fault.

    Maybe he's getting it from home or something (wife not happy he arrived home with a car that he was going to have to tinker with or whatever).

    Anyway, as others have said, as you've told the story you're fully in the right. Just be very firm/categorical and not at all confrontational. It's all simply a matter of fact, and now that the paperwork is lodged the whole thing would be a mess to sort out (and you'd have to get it insured/taxed again etc.,). Don't need to labour the point that he did a deal and has to live with it. Rather a deal was done, and things have moved on, and it just can't be undone and you can't be taking the car back from him.

    If you get into any kind of to and fro discussion, you'll give him hope that he can talk you round which will drag out the pain (like breaking up!)


  • Registered Users, Registered Users 2 Posts: 51,360 ✭✭✭✭bazz26


    Tell him take a long walk off a short pier. Private sale so no comeback.


  • Registered Users, Registered Users 2 Posts: 28,693 ✭✭✭✭drunkmonkey


    I think there is some clause that if he buys it off you in a car park, side side of the road or somewhere like that he has no comeback but if he bought it off you in your house he has come back. I've seen a mate successfully get a Garda to take back bike over this and another mate a car.
    But I'd say he doesn't know the law so just give him a brazen face no.


  • Registered Users, Registered Users 2 Posts: 4,213 ✭✭✭PrettyBoy


    I think there is some clause that if he buys it off you in a car park, side side of the road or somewhere like that he has no comeback but if he bought it off you in your house he has come back.
    This is incorrect - private sale, car was sold as seen, he hasn't got a leg to stand on.

    Did you keep the logbook or did you give it to him?


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭Sunny Dayz


    I think the fact that he test drove it, and then negotiated the price with you and you worked with him and agreed a lower price. It's his tough luck now that he changed his mind.


    Did he say why he wanted his money back??


  • Registered Users, Registered Users 2 Posts: 527 ✭✭✭acronym Chilli


    PrettyBoy wrote: »
    This is incorrect - private sale, car was sold as seen, he hasn't got a leg to stand on.

    Did you keep the logbook or did you give it to him?
    +1 I don't think there's any significance to whether you transact on road, your house, his house, or anything else.

    If he was in your house and you drugged him or intimidated him that could render the sale invalid.

    If you work professionally as a mechanic or car dealer, I believe that might also affect the story (even selling your own car privately, you could be treated as a professional/business). But if the OP was in the trade they probably wouldn't be asking for advice here.


  • Registered Users, Registered Users 2 Posts: 1,046 ✭✭✭Bio Mech


    Tell him it was sold as seen at a low price and that the documents have already been sent off. Ask him not to contact you again. If he hassles you block his number and report him to the Gardai.


  • Banned (with Prison Access) Posts: 1,570 ✭✭✭The Sidewards Man


    No, caveat emptor

    Have a day off grammer nazi.


  • Registered Users, Registered Users 2 Posts: 7 serato


    thanks for your input.. its a 03 peugeot 607 diesel,and was taxed until end december,i had it four years and put it thru its third test last week,no issues, i know that if i rang up a dealer or even a breaker and asked to buy a car for less than advertised,saying i wouldnt be back,that id be asked to sign a SIMI trade sale cert,because i did it once 14 years ago, (not the same car!) i did however get the buyer to co sign the receipt 'no warranty given or implied'


  • Registered Users, Registered Users 2 Posts: 5,572 ✭✭✭Colser


    Sounds like a complete chancer,you dont know what hes done with the car in the mean time eg swapped parts. Dont entertain him and even reading about the sale I would have probably refused to sell it to him as he sounded like a pain anyway.


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  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    I think there is some clause that if he buys it off you in a car park, side side of the road or somewhere like that he has no comeback but if he bought it off you in your house he has come back. I've seen a mate successfully get a Garda to take back bike over this and another mate a car.
    But I'd say he doesn't know the law so just give him a brazen face no.


    Please stop thinking , the results are putting you in line for a Darwin award ;)


  • Registered Users, Registered Users 2 Posts: 7 serato


    Sunny Dayz wrote: »
    I think the fact that he test drove it, and then negotiated the price with you and you worked with him and agreed a lower price. It's his tough luck now that he changed his mind.


    Did he say why he wanted his money back??
    he said it had a defect,when i asked him what defect,he said everything,and listed every part of the car,when he said battery,i got suspicious,as it has two,and one was brand new for the test,other was only two years and quite healthy,again i had it checked for the test,


  • Registered Users, Registered Users 2 Posts: 5,572 ✭✭✭Colser


    serato wrote: »
    he said it had a defect,when i asked him what defect,he said everything,and listed every part of the car,when he said battery,i got suspicious,as it has two,and one was brand new for the test,other was only two years and quite healthy,again i had it checked for the test,
    Time to block him now as hes definitely a spoofer ,if he calls to the house ring the guards.
    Try googling his phone num. and see what comes up as a matter of interest.


  • Registered Users, Registered Users 2 Posts: 7 serato


    Please stop thinking , the results are putting you in line for a Darwin award ;)

    ha ha😜 yes,he called to the house,asked to see my license with same car address ,i even gave him luck money...


  • Registered Users, Registered Users 2 Posts: 2,620 ✭✭✭Rick_


    He's chancing his arm and wasting your time and his own. You have the money, he has the car. End of story. If he keeps contacting you, then you contact the guards and report his number for harassment or phone your mobile provider and get them to block his number from contacting you due to nuisance calls, or simply block it on your handset if it allows you to.


  • Registered Users, Registered Users 2 Posts: 5,572 ✭✭✭Colser


    serato wrote: »
    ha ha😜 yes,he called to the house,asked to see my license with same car address ,i even gave him luck money...
    Dont tell us anymore ..youre too nice and hes taking advantage. Luck money and a huge price drop:(
    Hes an a**hole..


  • Registered Users, Registered Users 2 Posts: 809 ✭✭✭filbert the fox


    Have a day off grammer nazi.

    surely you mean grammar


  • Registered Users, Registered Users 2 Posts: 2,155 ✭✭✭StereoSound


    Ask him does he know how to ride a bike and direct him to the sunset. Don't come back. If he calls you again tell him you will get the guards involved. You seem like a lovely lady so keep your guard up.


  • Registered Users, Registered Users 2 Posts: 7 serato


    PrettyBoy wrote: »
    This is incorrect - private sale, car was sold as seen, he hasn't got a leg to stand on.

    Did you keep the logbook or did you give it to him?

    i posted the logbook off,altho he did want to take it with him


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  • Registered Users, Registered Users 2 Posts: 34,216 ✭✭✭✭listermint


    Deal is done,

    there is no comeback.

    frankly i wouldnt even entertain it, god knows if he took any parts off the car and swapped them with another.

    It his car now, its your cash, done.


  • Registered Users, Registered Users 2 Posts: 9,661 ✭✭✭Voodoomelon


    This is my favourite kind of post on Motors. :D


  • Registered Users, Registered Users 2 Posts: 21,738 ✭✭✭✭Squidgy Black


    Private sales are always buyer beware.

    Car was sold as seen, if he didn't bring a mechanic with him or didn't spot these "faults" that miraculously appeared a couple weeks after he bought it, then that's his own fault.


  • Registered Users, Registered Users 2 Posts: 2,755 ✭✭✭ianobrien


    serato wrote: »
    i posted the logbook off,altho he did want to take it with him

    That was very wise.

    To echo the other posters, its buyer beware. You don't seem like you are in the motor trade so are not an expert. You sold it in good faith and as far as you know it was OK (NCT, etc). He had the chance to get it examined by an expert (a mechanic). The next time he rings I'd tell him if he persists in contacting yoy, you will take the harassment to the Garda


  • Registered Users, Registered Users 2 Posts: 4,213 ✭✭✭PrettyBoy


    serato wrote: »
    i posted the logbook off,altho he did want to take it with him

    You've nothing to worry about then. Not surprised to hear that he wanted to take it with him, chancing prick. Block his number and enjoy the cash :)


  • Registered Users, Registered Users 2 Posts: 12,866 ✭✭✭✭bear1


    Send him a picture of you lodging "his" money into your acc and giving a thumbs up.
    Other option would be to say "sure, I'll take the car back plus the 550e in cash extra that I discounted for you".
    Some amount of gob****es out there.


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  • Banned (with Prison Access) Posts: 4,794 ✭✭✭Jesus.


    serato wrote: »
    its a 03 peugeot 607 diesel
    serato wrote: »
    he told me it should be quicker

    Obviously never drove a HDI before


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    As everyone has said, he bought it as seen.
    No comebacks.


  • Registered Users, Registered Users 2 Posts: 5,356 ✭✭✭NeVeR


    serato wrote: »
    i did send the reg papers off yes, thats why i didnt initially want to give the cash back,because it might take a long time to get them back after going inti his name

    This implies that you did eventually give the cash back ? I hope you didn't !!


  • Registered Users, Registered Users 2 Posts: 11,465 ✭✭✭✭cantdecide


    Simply tell him to have a conversation with his solicitor who will lay the whole thing out for him in simple terms.


  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    speak to him only in Irish thats what i do when my mate from manchester gets uptight
    botháir dána cailin báine (i use the everyotheragetsáfadá)


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  • Registered Users, Registered Users 2 Posts: 2,080 ✭✭✭bilbot79


    After dropping the price to accommodate hus dissatisfaction then definitely you don't have to give it back


  • Registered Users, Registered Users 2 Posts: 12,235 ✭✭✭✭Cee-Jay-Cee


    166man wrote: »
    Politely explain to him that it's sold as seen with no warranty written verbal or implied.

    Then suggest that he jogs on and go inside.

    No need to be polite. Tell him to fcuk off, he paid a low ball price on the basis it was his problem from there on in. He's now reneging on your agreement, there is no need to be polite.


  • Registered Users, Registered Users 2 Posts: 4,929 ✭✭✭MojoMaker


    He may have buying it to flip and may have brought to a fellow eastern European mechanic buddy who, knowing a bit more about cars, may have found a few small issues which would eat away at the profit on the deal so he got cold feet and tried the classic intimidation line with you - bit like the Nigerian spammers it only has to work on a small number of punters who give in and refund the money. Then you find the car you get back has an older battery, different tyres, rotten exhaust etc.


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    Tell him suck a lemon.. It's his car now your money. The End.


  • Registered Users, Registered Users 2 Posts: 4,940 ✭✭✭dingding


    https://www.pinterest.com/pin/85427724159436906/

    OP Take this advice and tell him to trot on.


  • Registered Users, Registered Users 2 Posts: 28,693 ✭✭✭✭drunkmonkey


    Please stop thinking , the results are putting you in line for a Darwin award ;)

    If the buyer believes he was misled he can take a legal action. He's not protected under consumer law that does not mean he can't take a case he just can't take it to the small claims, like I said, i've seen it happen twice.


  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    Buyer is clearly a small time trader and the op is clearly not a trader of any description so there is no mileage whatsoever is the argument that the op fooled him.


  • Registered Users, Registered Users 2 Posts: 12,235 ✭✭✭✭Cee-Jay-Cee


    If the buyer believes he was misled he can take a legal action. He's not protected under consumer law that does not mean he can't take a case he just can't take it to the small claims, like I said, i've seen it happen twice.

    For a car he paid €1300 For??? I don't think so.


  • Registered Users, Registered Users 2 Posts: 262 ✭✭Merry Prankster


    surely you mean grammar

    Surely you mean grammar? (Sorry, Muphry made me do it).


  • Registered Users, Registered Users 2 Posts: 687 ✭✭✭DakarVert


    And this is the exact reason to meet in a random car park and use a throwaway sim.


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