Sold car to uk unseen, now buyer wants money back

WeLoveOldCars

Hiya all,
Hope someone can tell me legally where I stand here, I recently sold a classic car to a guy in the uk, he bought it unseen, ie. he didn't come to view it and basically said he'd buy it from the ad description and the look of the photo's. So having agreed a price, I waited till the money had cleared in my account and allowed his transport guy he'd arranged to come collect the car.
Today I get an email from him saying the car wasn't as described and he's been to see a solicitor, had an independent engineers look at the car and attached the report detailing loads of faults with the vehicle (it's a 48 year old car)!! Basically he's saying he wants his money back for the car + his cost of transporting the car to the uk and I must arrange collection of the car from him in 14 days, or he'll be instructing his solicitor to deal with it.

Am I in the **** here?

...And Justice

WeLoveOldCars wrote: »

Hiya all,
Hope someone can tell me legally where I stand here, I recently sold a classic car to a guy in the uk, he bought it unseen, ie. he didn't come to view it and basically said he'd buy it from the ad description and the look of the photo's. So having agreed a price, I waited till the money had cleared in my account and allowed his transport guy he'd arranged to come collect the car.
Today I get an email from him saying the car wasn't as described and he's been to see a solicitor, had an independent engineers look at the car and attached the report detailing loads of faults with the vehicle (it's a 48 year old car)!! Basically he's saying he wants his money back for the car + his cost of transporting the car to the uk and I must arrange collection of the car from him in 14 days, or he'll be instructing his solicitor to deal with it.

Am I in the **** here?

Your being scammed

ba_barabus

If you're a private seller ignore him and any further contact he makes

Dublinstiofán

If it’s a private sale he has no comeback as far as I know. He decided he didn’t want to view it so it’s his problem now, solicitor or no solicitor

FixitFelix

...And Justice wrote: »

Your being scammed

This +1

amcalester

Yeah, sounds like a scam.

How was the money transferred into your account?

Rubberchikken

Possibly being scammed.
But you're a private seller. Then I don't think he has any come back.
Are you sure he can't access the money in your acc.?

death1234567

WeLoveOldCars wrote: »

Am I in the **** here?

No, caveat emptor. Also if he has contacted a solicitor (which I doubt) I'm sure he would have been told the same thing. As long as you didn't advertise one car and ship him a different one you're okay.

WeLoveOldCars

Bank transfer, all that was ok no probs, I'm just worried this guy can start coming after me for the money I sold the car for and the transport costs

Sam Kade

...And Justice wrote: »

Your being scammed

How? He paid for the car and collected it and is chancing his arm trying to get his money back.

WeLoveOldCars

ok I'm a bit confused does 'caveat emptor' apply as this was effectively a 'distance sale' and as such wouldn't it be covered under the distance selling act. Or is it that as he chose not to view the car or have it inspected beforehand (I actually asked him, or advised him that that's what I would do) it's 'down to him' or 'caveat emptor'

amcalester

Sam Kade wrote: »

How? He paid for the car and collected it and is chancing his arm trying to get his money back.

Pay by cheque, kick up a fuss and threaten solicitors and the OP transfers back the money but subsequently the cheque bounces.

Can't see the scam if it was by bank transfer though.

WeLoveOldCars

Sam Kade wrote: »

How? He paid for the car and collected it and is chancing his arm trying to get his money back.

Yes but he never collected himself so therefore never saw the car, he had an agent collect it (donedeal car transport guy)

BorneTobyWilde

...And Justice wrote: »

Your being scammed

Worst scam ever
'' let me give you lots of money for a sold as seen car and then try in vain to get money back ''

amcalester

Distance selling only applies if you are operating as a business.

Not even sure this would count even if you were a business as this wasn't an e-transaction.

Atlantic Dawn

Are you 100% sure that the funds are in your account and not awaiting some additional clearance? Have you contacted the bank to verify the money has cleared?

WeLoveOldCars

Thanks all I can sleep a little better tonight

BorneTobyWilde

What type of car.

Honestly was car a wreck underneath ??? Were you glad to get rid, did you describe it as ''mint'' only for it to be far from it.

WeLoveOldCars

Atlantic Dawn wrote: »

Are you 100% sure that the funds are in your account and not awaiting some additional clearance? Have you contacted the bank to verify the money has cleared?

Yep all cleared funds before the car was collected. I think he's genuinely unhappy with the car and want his money back

BorneTobyWilde

Did know every thing on his list was wrong with car, you just hid it and never mentioned it ?

Atlantic Dawn

Why did he bankroll an engineers report after he bought it and not before?

BillyBobBS

Ignore him and get on with your life OP.

Donal55

Why would any sucker buy a car, and then arrange transport without viewing it or having it checked over.

OP, could I have your buyers email address, I've a bridge in Brooklyn I'm looking to get rid off.

pm1977x

Have you Googled the company the engineer's report comes from - is it real and UK based? Maybe he has a scam going with the 'transport' guy who never transports it overseas and then between them they shake you down for the extra costs - although sounds like a lot of hassle and very risky for them.

Big Nasty

Donal55 wrote: »

Why would any sucker buy a car, and then arrange transport without viewing it or having it checked over.

OP, could I have your buyers email address, I've a bridge in Brooklyn I'm looking to get rid off.

Plenty of people buy cars unseen on eBay and have them shipped, especially classics.

Truckermal

Atlantic Dawn wrote: »

Why did he bankroll an engineers report after he bought it and not before?

Yup bit late closing the stable door when the Horse is gone! Tough sh1t on the buyer it's his hard luck..

artanevilla

Ignore them. It's there own fault for not doing their due diligence before purchase.

Donal55

Big Nasty wrote: »

Plenty of people buy cars unseen on eBay and have them shipped, especially classics.

Well in all fairness, its a bit rich coming back later looking for a refund.
'A fool and his money.....'

WeLoveOldCars

BorneTobyWilde wrote: »

Did know every thing on his list was wrong with car, you just hid it and never mentioned it ?

'Engine mount rubber incorrect type'
'Some instrument panel lights not functioning'
'Incorrect windscreen wipers fitted'

Those were a few I can remember, of the faults listed, I've never driven the car in the dark, and it pissed down the last time I was out in it, the wipers cleared the windscreen fine. As for the engine mount rubber wtf?

Rabbo

It sounds like your safe but you should still keep full records of all dealings with him on the slim chance that he does try to take the legal route. Print off or save any emails and keep note of any texts or calls, it will make life much easier if he tries to bring solicitors into it later. Though any solicitor worth their salt will tell him he hasn't a leg to stand on

Kenny Logins

Donal55 wrote: »

Why would any sucker buy a car, and then arrange transport without viewing it or having it checked over.

OP, could I have your buyers email address, I've a bridge in Brooklyn I'm looking to get rid off.

I've done it a good few times with no major issues (classic cars) but wouldn't recommend it. You do have to take a leap of faith and be prepared to suck it up if it's not what was described or expected.

MayoSalmon

Rabbo wrote:

Though any solicitor worth their salt will tell him he hasn't a leg to stand on

Except they certainly wont. They'll take his case and part the fool from more of his cash

Donal55

Kenny Logins wrote: »

I've done it a good few times with no major issues (classic cars) but wouldn't recommend it. You do have to take a leap of faith and be prepared to suck it up if it's not what was described or expected.

The buyer got an engineers report after buying and shipping the car. I haven't bought any large items from a private individual, however , if I was I think I'd pay for the report first.

jimmycrackcorm

WeLoveOldCars wrote:

'Engine mount rubber incorrect type' 'Some instrument panel lights not functioning' 'Incorrect windscreen wipers fitted'

To be fair, a forty year old car should be in showroom condition. How dare someone drive it over the years and cause arrear and tear.

Sleeper12

He could have paid for a local mechanic to look it over before buying. Wouldn't have costed much.
Can't see how it's your fault

bazz26

OP, he is blowing wind up your ass hoping you panic into giving him his money back. Ignore him and let him whistle dixie till the cows come home. He hasn't a legal leg to stand on.

JonnyM

Has zero comeback and id say he's trying to put the ****s up you saying he's been to a solicitor.

Tell him you've seen one yourself and are very confident of any outcome being in your favour or just ignore him as he hasn't a leg to stand On!

mossy50

tell him to PIDDLE OFF

Snotty

From the sounds of your posts, you nearly believed that he had a case and you could be forced to pay him back.

This is why people chance their arm, some sellers fall for it. It's 40 years old and he complaining some lights don't work, the wipers don't work and the mounts are not original!!! He's a pure chancer and I'd take great pleasure in telling him to **** off

Snotty

I'd love to start winding him up, post him over a replacement bulb for the dash and tell him you are short of money and will gradually make it up to him, you'll have money for a new wiper blade mid 2018

exaisle

mossy50 wrote: »

tell him to PIDDLE OFF

Why be so polite?

Ignore him. That'll pi$$ him off even more.

dreamers75

Possible the car has a higher value and the "engineer" is aware of that, the engineer would know the buyer has **** all comeback and could offer a low ball offer for it.

EMPunk

the ordinary person in me says , You sound like bit of a pox that sold a car under perhaps false pretense to someone foolish enough to buy it without doing the necessary homework on it , now guilt is making you think he might have a case against you.

The solicitor in me says you are 99.9% in the clear ,all be it without me knowing the full details and provided you didn't list the car as being free from the faults he has taken issue with but even still his case is wafer thin

JimsAlterEgo

OP, unless you could be in some way construed as a business you are fine.

Hoboo

Boards........where scammers can go for legal advice and reassurance.

Love to see the original advert, and correspondence......two sides to every story, buyers actions don't make sense.

johnb25

Hoboo wrote: »

Boards........where scammers can go for legal advice and reassurance.

Love to see the original advert, and correspondence......two sides to every story, buyers actions don't make sense.

Unless this is his opening position, and in a week or two will 'kindly' offer to take a cash settlement towards the cost of repairs, and hope that OP will jump at it in relief of being spared legal action. If I were OP I would treat it as a bluff, and ignore it. Don't get sucked into correspondence or a negotiation.

bazz26

Hoboo wrote: »

Boards........where scammers can go for legal advice and reassurance.

Love to see the original advert, and correspondence......two sides to every story, buyers actions don't make sense.

If the buyer has legitimate legal recourse with the seller then the buyer has nothing to fear and it doesn't matter what opinion boards forms on the matter or how many sides to the story there are.

electrofrog

rustynutz

The only time I would buy something unseen is using ebay, at least you have some comeback if the car isn't as described, even at that you would be better carrying out an inspection before handing over the full amount.

Extremely foolish on his part to buy a 48 year old car unseen and expect it to be perfect.

electrofrog

rustynutz wrote: »

The only time I would buy something unseen is using ebay, at least you have some comeback if the car isn't as described, even at that you would be better carrying out an inspection before handing over the full amount.

Extremely foolish on his part to buy a 48 year old car unseen and expect it to be perfect.

Exactly its like complaining about the contents of a mystery box??? you buy blind you pay the price

Henry Ford III

Unless the car was described as "concours condition" I don't think the new owner has any comeback.

He/she was really silly to buy a car unseen too. Doesn't cost much to travel from the UK, and not having bothered is clearly a false economy in their eyes.

Ignore them OP.