Sold car on DoneDeal, buyer back to me

Rrrrrr2

Hi all,

Sold a car on DoneDeal (a cheap runabout my family had owned, very reliable little car, old but mechanically sound and a reliable make). Anyhow I did run through it’s NCT last week (it failed) and I told the buyer this before coming to visit - he says he was still interested. Came to see the car, went for a test drive etc. Agreed a price- even offered if he’d like to think about it or get it checked further. He proceeds to take it off my hands, cash.
Anyhow, fast forward and I have missed calls from the buyer. Then a big long text how about how I hadn’t disclosed all the faults with the car and that he’d like a refund, money off, or full exchange!! Also something about hoping to come to terms without any “legal actions”. Now at this stage i have blocked him.
I plan to just ignore all/any correspondence (I sent off change of ownership) and as I stand the car is his- his responsibility once he drove away.

My understanding is unless you intentionally misled the buyer then you can just ignore him. If it failed the NCT and you told the buyer this it's hard to know how he'd demonstrate you misled him. Just forget about it imo, block and ignore.

The Continental Op

If I was selling a car privately I would honestly buy a phone SIM with number just for that and then dump it when the car was sold.

Rrrrrr2

The Continental Op wrote: »

If I was selling a car privately I would honestly buy a phone SIM with number just for that and then dump it when the car was sold.

Yes agreed I should have done that.

dobman88

Lol, he bought a car knowing it had failed the Nct and presumably you gave him the fail sheet? So he knew what was wrong.

It's his car now, so just block him and completely ignore him. Private sale, sold as seen, caveat emptor etc etc.

The Continental Op wrote: »

If I was selling a car privately I would honestly buy a phone SIM with number just for that and then dump it when the car was sold.

And yes, this. Just buy a sim you can chuck in a drawer afterwards. Never use your personal number you use all the time.

almostover

A sale between 2 private individuals. It's a case of Caveat Emptor on this one, buyer beware. Just ignore him. You've done nothing wrong and he has no legal recourse.

bazz26

Read this thread (for the most part the first few pages):

https://www.boards.ie/vbulletin/showthread.php?t=2058186593

The answer will be the same.

The post Covid lockdown nutters are out in force now buying cars and think they can just get their money back like they are returning a pair of jeans to Pennys.

Rrrrrr2

bazz26 wrote: »

Read this thread (for the most part the first few pages):

https://www.boards.ie/vbulletin/showthread.php?t=2058186593

The answer will be the same.

The post Covid lockdown nutters are out in force now buying cars and think they can just get their money back like they are returning a pair of jeans to Pennys.

Yes it’s bizarre- but I’m not that surprised- if I was him I wouldn’t have bought the car without a mechanical inspection (there’s nothing majorly “wrong” with it) - he failed to do that thoroughly and now has buyers regret.
There was a slight leak in the boot too (a known fault with them) which I didn’t point out but they again didn’t even look in the boot so it didn’t arise (their choice not to).

Rrrrrr2

I did have a natural urge to reply but feel that would only make things worse by engaging and indulging this?

bazz26

The best course of action is no action.

punisher5112

Rrrrrr2 wrote: »

I did have a natural urge to reply but feel that would only make things worse by engaging and indulging this?

Block the number, don't bother with talking back and forth, leave them off.

Rrrrrr2

This was a sub €1000 runabout- the car is honestly a great little runner NCT aside which I’m sure can be solved.
Solicitor letters (lol) would probably either pay the repairs or a huge chunk of that cars value?

Rrrrrr2

punisher5112 wrote: »

Block the number, don't bother with talking back and forth, leave them off.

Yes I think you are right- I’ve done that. And the change of ownership I looked after

bazz26

There will be no solicitors letter because no solicitor will waste their time on it.

KaneToad

The buyer has zero comeback. Even if you lied about the history, the engine size, the top speed etc (which you didn't) - it's a private sale. The onus is on the buyer to satisfy themselves that the vehicle is what they want.

This is the reason that a lot of people won't pay big money in a private sale.

Rrrrrr2

KaneToad wrote: »

The buyer has zero comeback. Even if you lied about the history, the engine size, the top speed etc (which you didn't) - it's a private sale. The onus is on the buyer to satisfy themselves that the vehicle is what they want.

This is the reason that a lot of people won't pay big money in a private sale.

Thank you- that’s what I understand too- he was given every opp to check the car and the onus is on him/mechanic of his choosing to fully inspect and satisfy himself. This car is sub €1000

IRE60

its a bit suspect that this is the second, nearly, mirror incident is as many days posted here - where's the scam???! Swap parts or engine?

Rrrrrr2

IRE60 wrote: »

its a bit suspect that this is the second, nearly, mirror incident is as many days posted here - where's the scam???! Swap parts or engine?

Honestly this is bona fide- I’d actually been reading the other thread and smiling to myself wondering would the same thing happen me as the girl with the VW!! Next thing I get phone calls and a text......
Lot more money involved there and much more expensive car- I don’t think anyone would be bothered with any elaborate swaps or scams on it!

Sleeper12

The Continental Op wrote:

If I was selling a car privately I would honestly buy a phone SIM with number just for that and then dump it when the car was sold.

Wouldn't your home address be on the log book?

Rrrrrr2

Oh another gem from the text is that he very much overpaid for the car and needs to renegotiate the price in light of the above

Text him once to tell him to give reality a try, and that you won’t be answering him any further.

Gob****es like that are why I’ll destroy something, up to a point, rather than sell it on one of those sites.

Rrrrrr2

ReginaldSmythV wrote: »

Text him once to tell him to give reality a try, and that you won’t be answering him any further.

I wanted to do that it’s my natural instinct but fear Id only be poking a hornets nest and make things worse. It is the reality though

Rrrrrr2

ReginaldSmythV wrote: »

Text him once to tell him to give reality a try, and that you won’t be answering him any further.

Gob****es like that are why I’ll destroy something, up to a point, rather than sell it on one of those sites.

Family member had bought a newer car and we just wanted shut of it without spending a bloody fortune on it

Seth Brundle

Don't message him at all and don't answer the phone if they call.
Keep any texts they send you.
Other than that, just ignore them and they'll soon go away

IRE60

Rrrrrr2 wrote: »

Honestly this is bona fide- I’d actually been reading the other thread and smiling to myself wondering would the same thing happen me as the girl with the VW!! Next thing I get phone calls and a text......
Lot more money involved there and much more expensive car- I don’t think anyone would be bothered with any elaborate swaps or scams on it!

@Rrrrrr2 Let me state categorically that I believe you 100%. But its uncanny that you are the second seller with the new buyer demanding money back in a matter of days - I was just wondering where's the angle?

Rrrrrr2

IRE60 wrote: »

@Rrrrrr2 Let me state categorically that I believe you 100%. But its uncanny that you are the second seller with the new buyer demanding money back in a matter of days - I was just wondering where's the angle?

I think it’s as Bazz26 says- lockdown is over and these loopers are out buying cars again!!
Maybe there’s a shortage of cheap, decent cars out there too. I reckon in my case it’s buyers regret (i told him the car had failed the NCT) and they didn’t investigate the leak in the boot and they’ve probably seen that now too. But they were completely free to fully investigate the car as they’d wished it was there in front of them. It was a sub €1k car and running fine, we’ve had it for years and was so reliable to be fair.

blackvalley

And another one. Luckily there was a strong stench of a long tailed grey rodent off it :mad:
Have a little clean run around for sale. Had a text asking my best price. I replied with info .
Got long email saying he wanted the car at that price unfortunately he was working on a North sea oil rig and so would get courier to collect car . Wanted my paypal account details to transfer money and could only pay by this method.
Car was actually for his son who had just graduated from university of Nottingham ( and he was very proud of him ) :rolleyes:
Was actually going to engage with him and mess him about but just decided to ignore.
Wonder what the actual scam is .

Rrrrrr2

blackvalley wrote: »

And another one. Luckily there was a strong stench of a long tailed grey rodent off it :mad:
Have a little clean run around for sale. Had a text asking my best price. I replied with info .
Got long email saying he wanted the car at that price unfortunately he was working on a North sea oil rig and so would get courier to collect car . Wanted my paypal account details to transfer money and could only pay by this method.
Car was actually for his son who had just graduated from university of Nottingham ( and he was very proud of him ) :rolleyes:
Was actually going to engage with him and mess him about but just decided to ignore.
Wonder what the actual scam is .

Think that one is well worn- they’ll supposedly transfer the money to you first, buyer “overpays” and you'll refund them the difference
https://www.confused.com/sell-my-car/guides/avoiding-online-car-selling-scams

Mad_maxx

sub a thousand euro

FFS

anything at that money is a complete dice roll and most would not do anything but shrug their shoulders if it didnt work out

ignore the fool

Rrrrrr2

Mad_maxx wrote: »

sub a thousand euro

FFS

anything at that money is a complete dice roll and most would not do anything but shrug their shoulders if it didnt work out

ignore the fool

My opinion is that it’s up to the buyer to inspect the car fully and be happy before they hand over their cash. Not the other way round!

punisher5112

What only bothers me is if someone knowingly sells on something bad...

Sure everything is a gamble when it comes to cars and to be honest a good long run is definitely needed but most wouldn't agree to such....

If they're given every opportunity to check and as the op even stated it failed the test on whatever then the new buyer knew damn well what they were getting.

jodome

Don't engage with them. Block them. Forget about them. Although I sympathise that they didn't get what they though they were getting, its still on them to do their homework before they complete the purchase.

ineedeuro

Seems to be a lot of this going on.

Tell him/her to f**k off in polite terms and walk away. As suggested always use a PAYG SIM for selling cars

On a side note,

I bought a car years back, off a guy from done deal.

drove the car around on test, no issue, but when I drove it around 50KM the engine limp mode came on.

The car had a serious engine fault, but the seller used a handheld gadget to link to the engine and turn it off.

I did actually end up going to small claims court for it and won

Marcusm

Rrrrrr2 wrote: »

Hi all,

Sold a car on DoneDeal (a cheap runabout my family had owned, very reliable little car, old but mechanically sound and a reliable make). Anyhow I did run through it’s NCT last week (it failed) and I told the buyer this before coming to visit - he says he was still interested. Came to see the car, went for a test drive etc. Agreed a price- even offered if he’d like to think about it or get it checked further. He proceeds to take it off my hands, cash.
Anyhow, fast forward and I have missed calls from the buyer. Then a big long text how about how I hadn’t disclosed all the faults with the car and that he’d like a refund, money off, or full exchange!! Also something about hoping to come to terms without any “legal actions”. Now at this stage i have blocked him.
I plan to just ignore all/any correspondence (I sent off change of ownership) and as I stand the car is his- his responsibility once he drove away.

Assuming you didn’t sell to a motor dealer then yours is one of the few cases where you may have obligations to the buyer under section 13 Sale of Goods Act 1980. Notwithstanding that you are a private seller, there is an implied condition in all motor vehicle sales that it is free from defects which are dangerous. You’d have to identify the particular reasons why it failed the NCT but this will count against you. If you had known this in advance, you could have covered yourself by agreeing this is writing with the buyer. I assume you have them a copy do the NNCT fail sheet so this might in modern times to constitute agreeing this is writing with the buyer.

punisher5112

Marcusm wrote: »

Assuming you didn’t sell to a motor dealer then yours is one of the few cases where you may have obligations to the buyer under section 13 Sale of Goods Act 1980. Notwithstanding that you are a private seller, there is an implied condition in all motor vehicle sales that it is free from defects which are dangerous. You’d have to identify the particular reasons why it failed the NCT but this will count against you. If you had known this in advance, you could have covered yourself by agreeing this is writing with the buyer. I assume you have them a copy do the NNCT fail sheet so this might in modern times to constitute agreeing this is writing with the buyer.

What?????

If someone buys a car without NCT that's on them

Allinall

Marcusm wrote: »

Assuming you didn’t sell to a motor dealer then yours is one of the few cases where you may have obligations to the buyer under section 13 Sale of Goods Act 1980. Notwithstanding that you are a private seller, there is an implied condition in all motor vehicle sales that it is free from defects which are dangerous. You’d have to identify the particular reasons why it failed the NCT but this will count against you. If you had known this in advance, you could have covered yourself by agreeing this is writing with the buyer. I assume you have them a copy do the NNCT fail sheet so this might in modern times to constitute agreeing this is writing with the buyer.

Sale by description.

13. Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and if the sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds’ with the sample if the goods do not also correspond with the description.

This is Section 13. All it says is that the goods must be as described.

You could sell a car with one wheel missing, which would obviously dangerous.

As long as the buyer knows that the wheel is missing, then all is good.

fryup

^^ a Reliant Robin?

easygoing39

fryup wrote: »

^^ a Reliant Robin?

is a Robin Reliant with a wheel missing not a motorbike??? LOL

ineedeuro

Marcusm wrote: »

Assuming you didn’t sell to a motor dealer then yours is one of the few cases where you may have obligations to the buyer under section 13 Sale of Goods Act 1980. Notwithstanding that you are a private seller, there is an implied condition in all motor vehicle sales that it is free from defects which are dangerous. You’d have to identify the particular reasons why it failed the NCT but this will count against you. If you had known this in advance, you could have covered yourself by agreeing this is writing with the buyer. I assume you have them a copy do the NNCT fail sheet so this might in modern times to constitute agreeing this is writing with the buyer.

No you are not
You can sell a car that hasn't a wheel on it, won't start and is a ball of rubbish

If the person buys it and drives down the road, gets stop by the Garda that is their fault.

You don't need anything in writing.

Seth Brundle

jodome wrote: »

Don't engage with them. Block them. Forget about them. Although I sympathise that they didn't get what they though they were getting, its still on them to do their homework before they complete the purchase.

They did get what they thought they were getting. That is why they agreed to pay and drove it away. It was afterwards that they then changed their mind about what they wanted.

fryup wrote: »

^^ a Reliant Robin?

Is a Reliant Robin missing a wheel a motorbike?

Wildly Boaring

I once bought an automatic with only one gear.

It was a Clio 3 speed. Only 2nd worked.

It was cheap - under 500 and in great condition.

I brought a mechanic with me and all. The thing was it took off ok in 2nd and the test drive never crossed say 40 or 50kph so never needed 3rd.

We all felt like proper wallys and got on with life
Car did what was needed (i had broken left ankle, this did me for the 6 or 8 weeks i was on crutches)
Scrapped it for about half my money after.

Padre_Pio

Allinall wrote: »

Sale by description.

13. Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and if the sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds’ with the sample if the goods do not also correspond with the description.

You can't knowing sell a dangerous or defective product as safe.
So long as you're upfront that the car has issues then it's all the buyers responsibility.

Anecdotally there seems to be a lot of people looking to return private sales. Wonder are insurance companies getting onto people over lapsed policies and bumping up their premiums.

mickdw

I think these guys are simply looking for a soft touch to offer them a few hundred to settle.
It seems to be a go to strategy- ring the seller the next day stating the car is faulty or worse than declared. Id say it works a fair percentage of the time.

Rrrrrr2

mickdw wrote: »

I think these guys are simply looking for a soft touch to offer them a few hundred to settle.
It seems to be a go to strategy- ring the seller the next day stating the car is faulty or worse than declared. Id say it works a fair percentage of the time.

It won’t work on me- I was selling it for a family member and haven’t told her the story yet as she’s the panicky sort that probably would fold as she’d fear it would end up in court or something lol...guess that’s why I ended up selling it for her!

TheWonderLlama

Always, always get the buyer to sign a receipt saying the car was sold as seen.

it takes five minutes to type one up and it would stop a lot of this messing.

Also, a burner phone is a must.

Rrrrrr2

TheWonderLlama wrote: »

Always, always get the buyer to sign a receipt saying the car was sold as seen.

it takes five minutes to type one up and it would stop a lot of this messing.

Also, a burner phone is a must.

Yes to both- I was a little unprepared as I really did not think he’d buy the car without the NCT

earlytobed

I recently sold a €1000 car on Donedeal.
Had to deal with lots of chancers, silly text offers etc
It's par for the course selling in that market

Rrrrrr2

earlytobed wrote: »

I recently sold a €1000 car on Donedeal.
Had to deal with lots of chancers, silly text offers etc
It's par for the course selling in that market

What about post sale? Any hassle then?
Yes I had all the text offers - usually just a one line number for half the asking price!

Rrrrrr2

The Change of Ownership cert is awaiting issuing- just checked the Motor tax website- it’ll be officially theirs soon- I’m sure they will be thrilled!
Thank the Lord jasus I insisted on sending that on myself- I’ve no doubt they’d have messed around with that

Mad_maxx

Rrrrrr2 wrote: »

The Change of Ownership cert is awaiting issuing- just checked the Motor tax website- it’ll be officially theirs soon- I’m sure they will be thrilled!
Thank the Lord jasus I insisted on sending that on myself- I’ve no doubt they’d have messed around with that

anyone who sells a car should always insist on sending the change of ownership to shannon , never leave it to the buyer