Sold car last week, now it has broken down

arcticoptimism

I sold a car last week privately which the buyer had test drove and liked it. They have now rang to say the car has broken down and that I have to take it back and give them a refund. The car was sold as it was and it was driving fine all along. What do I do

pricker

arcticoptimism wrote:

I sold a car last week privately which the buyer had test drove and liked it. They have now rang to say the car has broken down and that I have to take it back and give them a refund. The car was sold as it was and it was driving fine all along. What do I do

Ignore them. Private sale..... no warranty. Break down could be due to bew owners stupidity

punisher5112

Don't answer or reply....

I've had this over the years....

Nothing wrong with the car, you let them check it over and you gave no warranty anyway unless you're a dealer....

Private sale no come back.

bazz26

Hate dealing with plebs like this, they want to pay cheaper private sale prices but still want the same peace of mind and come back as buying from a dealer.

biko

Private cars are sold as seen.
The buyer can do any checks they like but once money has changed hands and they have driven away they own the car as is.
They have no rights against you.

terrydel

Record any correspondence with them if they do contact again, either by phone, text, email whatever. There's a good chance they'll say something stupid to get themselves in trouble, as soon as they do you can threaten them with the guards.

Atlantic Dawn

What did the mechanic they brought with them say when he inspected it prior to purchase?

arcticoptimism

thanks everyone for the reply! They didn’t bring a mechanic with them at all, they just test drove it and decided to buy it from me. They are threatening me with a solicitor but the car’s tax is out 2 months so they drove it without tax so I think they’d be in more trouble if they went further.

Del2005

arcticoptimism wrote: »

thanks everyone for the reply! They didn’t bring a mechanic with them at all, they just test drove it and decided to buy it from me. They are threatening me with a solicitor but the car’s tax is out 2 months so they drove it without tax so I think they’d be in more trouble if they went further.

Just block their number and stop worrying about them. This is the reason you use burner numbers when selling privately.

Tzardine

arcticoptimism wrote: »

thanks everyone for the reply! They didn’t bring a mechanic with them at all, they just test drove it and decided to buy it from me. They are threatening me with a solicitor but the car’s tax is out 2 months so they drove it without tax so I think they’d be in more trouble if they went further.

Next time they contact you you just tell them that you have spoken to your own solicitor and that you will only deal with it through their solicitor when they make contact.

They won't go near a solicitor, and if they do they will be told the craic . i.e tough luck.

Out of curiousity, how much was they car worth,was it an expensive sale or a relatively cheap run around ?

Duke O Smiley

Do not offer them any money towards repairs as a gesture of goodwill. If they pursue it further that can be used against you.

Just tell them you can’t do anything.

bazz26

arcticoptimism wrote: »

thanks everyone for the reply! They didn’t bring a mechanic with them at all, they just test drove it and decided to buy it from me. They are threatening me with a solicitor but the car’s tax is out 2 months so they drove it without tax so I think they’d be in more trouble if they went further.

They have no legal ground to stand on with a private sale so they are talking ****e about a solicitor as no solicitor with half a brain would entertain such a case. They are trying to panic you into taking the car back. Block their number and if they turn up at your door tell them you look forward to seeing them and their solicitor in court.

rom

http://www.irishstatutebook.ie/eli/1997/act/26/enacted/en/print#sec10

"Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence."

I wouldn't block the number as they will simply turn up where you live if that is the case.

I would install an app on my phone that records all phone calls. If they ring then state the call is being recorded. State private sale was "As is" and no warranty was provided. It was taken for a test drive and you had every opportunity to test it out. The sale is final. Further communication beyond this point will be treated as harassment under Non-Fatal Offences Against the Person Act, 1997 section 10. That is all I have to say. If they don't take it well then go to the Garda station, make a statement and get a pulse number. Bring a transcript of the call.

rom

A good example of why you should have a sim to use just for selling things. Once item is sold throw it in a drawer again until the next thing you are selling. People can be ringing you to their hearts content and it won’t bother you as you won’t even know.

rom wrote: »

I wouldn't block the number as they will simply turn up where you live if that is the case.
.

If they know where he lives, I’d never sell a car from my house always meet at a “neutral” location for this reason (and others too like people wanting to scope out the house etc). I would hope the op did similar.

Regardless I’d still block the number, if they show up call the guards.

arcticoptimism

thanks everyone! I was really panicking cos I know of these people so it was sold at my property. Thanks for all the information, I know what to do now if they ring and harass me again. I will definitely install an app to record the phone call cos the last one was quite abusive.

punisher5112

Op tax out won't worry them unless caught driving so that a no issue.

Most cops wouldn't do you if just purchased anyway.

You need to just not answer or have any more to do with them.

Sleeper12

https://www.ccpc.ie/consumers/cars/your-rights-if-things-go-wrong/

It's not quite true that the buyer has no comeback. There is still the option of a civil action if car was miss sold, faults hidden etc.

bazz26

Good luck wasting time and money trying to prove it.

Sleeper12

bazz26 wrote:

Good luck wasting time and money trying to prove it.

I'm just pointing out that the buyer may have comeback. As some have claimed its not harassment to contact the seller about this car. Obviously it is buyer beware but that doesn't automatically mean no comeback. Some of these cases have been won in court. So long as op wasn't aware of a fault there is nothing to worry about.

BorneTobyWilde

What is wrong with car, if it's minor you could help fix it simply through being a nice person.

Del2005

Sleeper12 wrote: »

https://www.ccpc.ie/consumers/cars/your-rights-if-things-go-wrong/

It's not quite true that the buyer has no comeback. There is still the option of a civil action if car was miss sold, faults hidden etc.

The car has to be dangerous and the seller had knowledge of the danger before sale to be able to claim from a private seller, proving that a private seller could know of a dangerous defect is nearly impossible especially after the buyer checked it out before the sale.

Sleeper12

Del2005 wrote:

The car has to be dangerous and the seller had knowledge of the danger before sale to be able to claim from a private seller, proving that a private seller could know of a dangerous defect is nearly impossible especially after the buyer checked it out before the sale.

Nearly impossible but not impossible. I'm not saying op had any knowledge but many of the replies here are misleading to say the least. The buyer ringing up to complain in not harassment.

Phileas Frog

Sleeper12 wrote: »

Nearly impossible but not impossible. I'm not saying op had any knowledge but many of the replies here are misleading to say the least. The buyer ringing up to complain in not harassment.

It is when they are repeatedly calling which is what appears to be the case

Time

rom wrote: »

http://www.irishstatutebook.ie/eli/1997/act/26/enacted/en/print#sec10

"Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence."

I wouldn't block the number as they will simply turn up where you live if that is the case.

I would install an app on my phone that records all phone calls. If they ring then state the call is being recorded. State private sale was "As is" and no warranty was provided. It was taken for a test drive and you had every opportunity to test it out. The sale is final. Further communication beyond this point will be treated as harassment under Non-Fatal Offences Against the Person Act, 1997 section 10. That is all I have to say. If they don't take it well then go to the Garda station, make a statement and get a pulse number. Bring a transcript of the call.

Single party recordings are legal in Ireland so you don’t need to tell anyone you are recording them, and secondly them contacting the OP again would be nowhere near meeting the threshold of harassment.

iwillhtfu

Del2005 wrote: »

The car has to be dangerous and the seller had knowledge of the danger before sale to be able to claim from a private seller, proving that a private seller could know of a dangerous defect is nearly impossible especially after the buyer checked it out before the sale.

I believe if the seller is a car trader or has a mechanical back ground it's easier to prove these cases. If OP is neither of the above it's caveat emptor and presumably as OP sold the car on his drive and to someone he knows then he wasn't even slightly suspicious of a fault with the car.

OP more detail on car/price/fault would be helpful but as it stands you owe the buyer nothing.

terrydel

arcticoptimism wrote: »

thanks everyone! I was really panicking cos I know of these people so it was sold at my property. Thanks for all the information, I know what to do now if they ring and harass me again. I will definitely install an app to record the phone call cos the last one was quite abusive.

They must be thick if they dont know thy have already crossed the line into committing a criminal offence.

terrydel

Sleeper12 wrote: »

Nearly impossible but not impossible. I'm not saying op had any knowledge but many of the replies here are misleading to say the least. The buyer ringing up to complain in not harassment.

Can you provide a few examples of cases where the buyer has successfully litigated on this matter?

arcticoptimism

The reason I said harass is because they were threatening me on the phone and being quite verbally abusive, calling me all sorts of names.

arcticoptimism

arcticoptimism wrote: »

The reason I said harass is because they were threatening me on the phone and being quite verbally abusive, calling me all sorts of names.

and you know these people?? In a way that's even worse. I would never let anyone call to my house about buying a car.

I was selling my car a few months ago and a man was driving up from Waterford to meet me. He asked to meet me at my house and I said no immediately. Its just not safe (and I am female so every instinct says no). In the end he was a lovely gentleman. But its just something I would NEVER do.

sportsfan90

Deleted User wrote: »

and you know these people?? In a way that's even worse. I would never let anyone call to my house about buying a car.

I was selling my car a few months ago and a man was driving up from Waterford to meet me. He asked to meet me at my house and I said no immediately. Its just not safe (and I am female so every instinct says no). In the end he was a lovely gentleman. But its just something I would NEVER do.

If I was buying a car privately I'd never buy off someone who wouldn't meet me at their house.

Same with pictures on the ad, if they're all in public places I wouldn't even bother enquiring.

sportsfan90

sportsfan90 wrote: »

If I was buying a car privately I'd never buy off someone who wouldn't meet me at their house.

Same with pictures on the ad, if they're all in public places I wouldn't even bother enquiring.

horses for courses I guess, I'd just be afraid of a gang of fellas turning up outside my house to buy a car and how I'd manage if they came back another time. I've bought privately too and never met anyone at their house (for a car). Its different if its an item like a dog kennel or a bike you would need to collect.

BarryD2

Del2005 wrote: »

Just block their number and stop worrying about them. This is the reason you use burner numbers when selling privately.

Phillip Some Swatter wrote: »

A good example of why you should have a sim to use just for selling things. Once item is sold throw it in a drawer again until the next thing you are selling.

Hmm.. hopefully never buy anything off yous

Sleeper12

sportsfan90 wrote: »

If I was buying a car privately I'd never buy off someone who wouldn't meet me at their house.

Same with pictures on the ad, if they're all in public places I wouldn't even bother enquiring.

Only an idiot would buy a car away from the sellers house imo. Same with buying something off DoneDeal or Adverts. Not in a million years would I meet up in a car park to buy anything. You drive off after parting with cash & they bin their phone chip as you drive off.



A fool & their money are easily parted as my dad used to say

iwillhtfu

Sleeper12 wrote: »

Only an idiot would buy a car away from the sellers house imo. Same with buying something off DoneDeal or Adverts. Not in a million years would I meet up in a car park to buy anything. You drive off after parting with cash & they bin their phone chip as you drive off.



A fool & their money are easily parted as my dad used to say

The other side of the coin is that if you sell from your drive way for a reasonable sum of cash the buyer knows where that sum of cash is :eek:

I'd agree though I wouldn't buy a car away fro someones drive it sets off alarm bells right away.

punisher5112

iwillhtfu wrote: »

The other side of the coin is that if you sell from your drive way for a reasonable sum of cash the buyer knows where that sum of cash is :eek:

I'd agree though I wouldn't buy a car away fro someones drive it sets off alarm bells right away.

If it was a large amount I use to go right to the bank or be with the buyer when getting a bank draft as this would cut out the risk of it been a fake.

Unfortunately there are a lot of dodgy folk in the car trade and best advice I would always give to the buyer is get a mechanic to look it over....

Mad_maxx

[Deleted User] wrote: »

and you know these people?? In a way that's even worse. I would never let anyone call to my house about buying a car.

I was selling my car a few months ago and a man was driving up from Waterford to meet me. He asked to meet me at my house and I said no immediately. Its just not safe (and I am female so every instinct says no). In the end he was a lovely gentleman. But its just something I would NEVER do.

I'd never meet someone at a neutral venue for a car inspection, the OP has no responsibility here to do anything, other side can jump and scream all they want

Whocare

If they wanted a a warranty should have bought from a dealer

callaway92

BorneTobyWilde wrote: »

What is wrong with car, if it's minor you could help fix it simply through being a nice person.

No way. If they give in-to the first minor issue (if it is minor), then the guys could keep coming back with any useless niggles.

OP has to be firm here.

sportsfan90

sportsfan90 wrote: »

If I was buying a car privately I'd never buy off someone who wouldn't meet me at their house.

Same with pictures on the ad, if they're all in public places I wouldn't even bother enquiring.

Well you wouldn’t be buying of me then, it’s madness selling from your home you don’t know who you are bringing there and what their intentions are especially if you have other family cars, expensive tools or machinery etc for people to see. Very unreasonable expectation to expect a person to only sell from their home.

Always a very public place like a petrol station or supermarket car park.

I’ve never sold a car (or had someone view a car) from home nor would I ever entertain the idea, I’ve only bought a car once from someone’s home other cars were all bought at neutral venues without issue. I doubt many people are happy to meet at their house either so you could be cutting a lot of your market by excluding cars sold from public places.

Sleeper12 wrote: »

Only an idiot would buy a car away from the sellers house imo. Same with buying something off DoneDeal or Adverts. Not in a million years would I meet up in a car park to buy anything. You drive off after parting with cash & they bin their phone chip as you drive off.

Similar to cars I’d never sell anything else form home either and I’ve never bought anything from adverts/DoneDeal where I didn’t meet at a neutral location. I’d be very surprised if anyone was willing to meet at their house, far too risky.

Also when you drive off that’s it anyway, knowing where someone lives ain’t going to get you any come back in a private sale and it’s naive if you think it is.

bmc58

arcticoptimism wrote: »

I sold a car last week privately which the buyer had test drove and liked it. They have now rang to say the car has broken down and that I have to take it back and give them a refund. The car was sold as it was and it was driving fine all along. What do I do

Just wondering as most of the posters here seem to agree with you,was the car in good condition,did you have it serviced regulary,and you said you sold it last week was it taxed then?

Sleeper12

Phillip Some Swatter wrote: »

Well you wouldn’t be buying of me then, it’s madness selling from your home you don’t know who you are bringing there and what their intentions are especially if you have other family cars, expensive tools or machinery etc for people to see. Very unreasonable expectation to expect a person to only sell from their home.

Always a very public place like a petrol station or supermarket car park.

I’ve never sold a car (or had someone view a car) from home nor would I ever entertain the idea, I’ve only bought a car once from someone’s home other cars were all bought at neutral venues without issue. I doubt many people are happy to meet at their house either so you could be cutting a lot of your market by excluding cars sold from public places.



Similar to cars I’d never sell anything else form home either and I’ve never bought anything from adverts/DoneDeal where I didn’t meet at a neutral location. I’d be very surprised if anyone was willing to meet at their house, far too risky.

Also when you drive off that’s it anyway, knowing where someone lives ain’t going to get you any come back in a private sale and it’s naive if you think it is.

My main business is shower repair and installation. There isn't a month goes by where someone bought a "runs like new" electric shower only to find out that it doesn't work. The ones that met in the car park have no comeback. Obviously the ones that have the sellers address have some chance of a refund. Plenty of them have gotten refunds.

punisher5112

bmc58 wrote: »

Just wondering as most of the posters here seem to agree with you,was the car in good condition,did you have it serviced regulary,and you said you sold it last week was it taxed then?

What has tax to do with anything?

bmc58

punisher5112 wrote: »

What has tax to do with anything?

Well if he sold the car "last week" and now when they came back to him he said they are driving a car with no tax for two months figure it out yourself.He allowed a car to be driven with no tax for a "test drive" last week.Strange?

mgbgt1978

I would hazard a guess that the Tax had expired 2 months ago and he sold the Car last week.
Just on the slim off-chance that you are worried about somebody test-driving a car without Tax....that's the Driver's problem, not the Owner's.

Duke O Smiley

bmc58 wrote: »

Well if he sold the car "last week" and now when they came back to him he said they are driving a car with no tax for two months figure it out yourself.He allowed a car to be driven with no tax for a "test drive" last week.Strange?

How is that strange? And it certainly doesn’t change anything. A car will run just as well untaxed as it would when taxed...

bmc58

Duke O Smiley wrote: »

How is that strange? And it certainly doesn’t change anything. A car will run just as well untaxed as it would when taxed...

Fine,well why then is the poster making an issue of the complainant driving an un taxed car when he allowed an untaxed car to be test driven?

bmc58

mgbgt1978 wrote: »

I would hazard a guess that the Tax had expired 2 months ago and he sold the Car last week.
Just on the slim off-chance that you are worried about somebody test-driving a car without Tax....that's the Driver's problem, not the Owner's.

Well why is he saying they are driving an un taxed car when he sold them an un taxed car and allowed them to test drive it knowing it to be un taxed? And why was the car un taxed for two months?

mgbgt1978

Where's the issue with him allowing somebody to drive an untaxed Car ???


What difference does it make if the Car was untaxed for 2 months, 2 weeks , or even 2 years ???


As for your 1st point I'd say he's just pointing out the type of person we are dealing with here. They are quite happy to continue driving an untaxed Car. Maybe that tells us something about them .

monkeysnapper

I bought a car privately last October, guy was sound and said if I have any problems hell stand over car ...

Turned out there was a big problem with car that guy didnt disclose at time which he said he didnt know ... was only a few days after I had purchased and fair play he was a man of his word and we got car fixed and went 50/50 on repair .... I'm well aware he didnt have to do Jack crap.

It doesnt always happen that way and I was very lucky. My Mrs was going mad .... i told her to shut up and let me have a nice chat as he didnt have to anything.

And did I learn anything .......prob not ....

Heres Johnny

A friend of mine bought a car from another friend, I kinda set up the deal I knew one was looking to sell and the other looking to buy and it was a well minded car. Anyway, it broke down the first night but the seller in fairness to him got it fixed for the buyer, he was sound. But he didn't have to, just said it wouldn't sit right with him if he didn't. It was just an alternator and the car has been going strong ever since

punisher5112

bmc58 wrote: »

Well if he sold the car "last week" and now when they came back to him he said they are driving a car with no tax for two months figure it out yourself.He allowed a car to be driven with no tax for a "test drive" last week.Strange?

Again what the heck has that to do with a car sale.... The driver is the one that's fined and they weren't so I still don't see what tax has to do with a car sale....

It's not a points offence.