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Sold car yesterday, now buyer demand full refund

  • 16-05-2021 8:15pm
    #1
    Salim57774
    Registered Users Posts: 29 ✭


    I have bought a car for me and my sister in the end of February this year but as she is on learner permit, it was difficult to insure, so we have it up for sale for 7300. A woman contact my sister to come and view it from Cork, and she came with 2 other guys who fully inspected the car. And checked every single button.
    She asked before she came about engine, timing service, and some mechanical questions that i don't know. i told her to bring her own mechanic with her as i don't have a clue about car mechanics and car history as I bought it recently and i don't know much about history. Told her that i was told by the last owner that the car has a timing chain changed by a specialist VW garage a few months back and that's all i know.
    Car is driving perfect with no issues at all. She and the other 2 guys drove the car around the building and left it running for some time. They spent around an hour inspecting it and thinking about the purchase. finally, they complain about the brakes condition that needs to be changed soon, and we agreed a price of 7k, the car has long NCT and is taxed.

    They paid and drove the car back to cork,then 3 hours later they messaged saying the car had a problem and it's showing low oil pressure, and they will be taking it to mechanic and if its a major issue, they will be returning it and looking for a full refund.

    I explained that they bought the car and it was driving perfect, and they have the opportunity to fully check it and test drive it and brung their own mechanic and i can't return the car, especially that i don't know what they have done to cause this issue.

    The car was parked for over a month, and they started it and drove it, everything was perfect but now they are demanding full refund, or they will be talking with me through their solicitor.
    .
    .
    What do you think i should do. i already sold the car to buy a smaller engine car to get cheaper insurance and i can't take it back. Could you please advise me on what to do or if I'm legally required to return it?

    It's a private sale, which i understand if the car is sold, the previous owner is not responsible for anything then.

    In the same time, I'm afraid of taking the matter to court and solicitors, which could cost me a significant amount of money defending my side.
    Tagged:


«1345

Comments

  • #2
    Deagol
    Registered Users Posts: 1,693 ✭✭✭Deagol


    Every chance they've swapped the engine or some other major item knowing that you have made it clear you know nothing about cars and won't notice it.

    Tell them under no circumstances is there any refund - Caveat Emptor. You clearly are a private seller, you gave them every opportunity to inspect and test the car and they agreed the sale.

    They have no recourse in law UNLESS they can prove you told a deliberate lie to them about the condition of the car. You don't need to do anything, make it clear you will not be giving any refunds. If they want to take you to court, engage a solicitor but i would be fairly sure they will tell you to hold firm.

    https://www.citizensinformation.ie/en/consumer/common_consumer_problems/problem_with_a_used_car.html#l991f3


  • #3
    Turbolounge
    Registered Users Posts: 138 ✭✭Turbolounge


    Did they specifically send a picture of the error message on the dashboard saying low oil pressure, or did they just message you? Either way, they have no recourse with you as it's a private sale. It's possible they got several insurance quotes after they bought it, and the quotes were way higher than they originally thought, or maybe they found a better deal elsewhere and want to return your old car. I wouldn't entertain dealing with them any further, block their number/profile, and if they show up at your property, report to gardai (unlikely as they are from far away)


  • #4
    mickuhaha
    Registered Users Posts: 475 ✭✭mickuhaha


    Tell them you won't do a refund and you sold it as is. Keep a record of all your messages and advert. The end. It's their car when they paid and that's it. Move on and tell them not to contact you again.


  • #5
    elperello
    Registered Users Posts: 14,189 ✭✭✭✭elperello


    Do you have the cash in your account?

    Did you give a receipt?

    Any witness to deal?


  • #6
    Salim57774
    Registered Users Posts: 29 ✭Salim57774


    Deagol wrote: »
    Every chance they've swapped the engine or some other major item knowing that you have made it clear you know nothing about cars and won't notice it.

    Tell them under no circumstances is there any refund - Caveat Emptor. You clearly are a private seller, you gave them every opportunity to inspect and test the car and they agreed the sale.

    They have no recourse in law UNLESS they can prove you told a deliberate lie to them about the condition of the car. You don't need to do anything, make it clear you will not be giving any refunds. If they want to take you to court, engage a solicitor but i would be fairly sure they will tell you to hold firm.

    Thanks for your reply.


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  • #7
    Salim57774
    Registered Users Posts: 29 ✭Salim57774


    Turbolounge wrote: »
    Did they specifically send a picture of the error message on the dashboard saying low oil pressure, or did they just message you? Either way, they have no recourse with you as it's a private sale. It's possible they got several insurance quotes after they bought it, and the quotes were way higher than they originally thought, or maybe they found a better deal elsewhere and want to return your old car. I wouldn't entertain dealing with them any further, block their number/profile, and if they show up at your property, report to gardai (unlikely as they are from far away)


    They have just messaged saying the dashboard is showing stop, low oil pressure.
    It could be I don't know. Thank you for your reply.


  • #8
    Salim57774
    Registered Users Posts: 29 ✭Salim57774


    mickuhaha wrote: »
    Tell them you won't do a refund and you sold it as is. Keep a record of all your messages and advert. The end. It's their car when they paid and that's it. Move on and tell them not to contact you again.

    Will do this, thanks for your advice.


  • #9
    Salim57774
    Registered Users Posts: 29 ✭Salim57774


    elperello wrote: »
    Do you have the cash in your account?

    Did you give a receipt?

    Any witness to deal?

    Money was paid in cash, she paid the money, and the other 2 guys that inspected the car were with her, and 2 of my sisters sold the car.

    I didn't give any receipt, they filled the log book and took a picture of it.


  • #10
    Turbolounge
    Registered Users Posts: 138 ✭✭Turbolounge


    Salim57774 wrote: »
    They have just messaged saying the dashboard is showing stop, low oil pressure.
    It could be I don't know. Thank you for your reply.

    I had a quick look on google, as it's a VW it's a common problem that the oil filter screen gets blocked, causing low oil pressure. It's not a difficult/expensive job to fix the blocked screen, and I seriously doubt they will be taking you to court over something so minor.


  • #11
    Marcusm
    Registered Users Posts: 10,175 ✭✭✭✭Marcusm


    Salim57774 wrote: »
    They have just messaged saying the dashboard is showing stop, low oil pressure.
    It could be I don't know. Thank you for your reply.

    Unless you are operating in the course of a business, the only come back against you would be if it is dangerously defective, not if it’s faulty. They may have buyer’s regret, they may have decided they don’t want it. It doesn’t matter, there is no realistic recourse. If they contact you again, simply state that it was a private sale with no option to return. Let them know that any further contact will result in a reference to the Gardai for Investigation of a harrassment offence under section 10 Non-fatal Offences Against the Person Act 1997.


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  • #12
    elperello
    Registered Users Posts: 14,189 ✭✭✭✭elperello


    Salim57774 wrote: »
    Money was paid in cash, she paid the money, and the other 2 guys that inspected the car were with her, and 2 of my sisters sold the car.

    I didn't give any receipt, they filled the log book and took a picture of it.

    OK

    As other have advised hold your ground.

    Private sale, no actual or implied warranty.

    End of story.

    (a receipt saying "sold as is" copied by you is a good idea for future reference)


  • #13
    Salim57774
    Registered Users Posts: 29 ✭Salim57774


    Turbolounge wrote: »
    I had a quick look on google, as it's a VW it's a common problem that the oil filter screen gets blocked, causing low oil pressure. It's not a difficult/expensive job to fix the blocked screen, and I seriously doubt they will be taking you to court over something so minor.

    Hope it's a minor issue, and they can solve it. I'm afraid the new owner or their mechanic come up with a story that it have a worse problem, and they will demand a lot of money to fix, then they will ask for a refund.

    The engine is called 1.4 TSI and i was googling what they say and the problem could be caused by a lot of things and its common on this cars.


  • #14
    Salim57774
    Registered Users Posts: 29 ✭Salim57774


    Marcusm wrote: »
    Unless you are operating in the course of a business, the only come back against you would be if it is dangerously defective, not if it’s faulty. They may have buyer’s regret, they may have decided they don’t want it. It doesn’t matter, there is no realistic recourse. If they contact you again, simply state that it was a private sale with no option to return. Let them know that any further contact will result in a reference to the Gardai for Investigation of a harrassment offence under section 10 Non-fatal Offences Against the Person Act 1997.

    Will do this if they contact me again. Thanks for your reply, :)


  • #15
    road_high
    Registered Users Posts: 19,383 ✭✭✭✭road_high


    Salim57774 wrote: »
    Hope it's a minor issue, and they can solve it. I'm afraid the new owner or their mechanic come up with a story that it have a worse problem, and they will demand a lot of money to fix, then they will ask for a refund.

    The engine is called 1.4 TSI and i was googling what they say and the problem could be caused by a lot of things and its common on this cars.

    Well that’s their problem, not yours. If you don’t specifically know what the problem is it could be anything. Especially if their mechanic friend had checked it over then TS.


  • #16
    Salim57774
    Registered Users Posts: 29 ✭Salim57774


    elperello wrote: »
    OK

    As other have advised hold your ground.

    Private sale, no actual or implied warranty.

    End of story.

    (a receipt saying "sold as is" copied by you is a good idea for future reference)

    Thanks for this advice, will do this in any future sales of anything.


  • #17
    Salim57774
    Registered Users Posts: 29 ✭Salim57774


    road_high wrote: »
    Well that’s their problem, not yours. If you don’t specifically know what the problem is it could be anything. Especially if their mechanic friend had checked it over then TS.

    Exactly, i advised her to bring her own mechanic on the chat on dondeal, and she brought these two guys, but she didn't state they are mechanics, but they fully inspected everything in the car.


  • #18
    pale rider
    Registered Users Posts: 262 ✭✭pale rider


    Marcusm wrote: »
    Unless you are operating in the course of a business, the only come back against you would be if it is dangerously defective, not if it’s faulty. They may have buyer’s regret, they may have decided they don’t want it. It doesn’t matter, there is no realistic recourse. If they contact you again, simply state that it was a private sale with no option to return. Let them know that any further contact will result in a reference to the Gardai for Investigation of a harrassment offence under section 10 Non-fatal Offences Against the Person Act 1997.

    I’ve been in the same situation maybe 7 or 8 years back,, was threatened with consumer affairs, solicitors and small claims court, none of which applied as it was a private sale, I had sympathy for the buyer and arranged a garage to do the repair for half what they were quoted but they were not interested in that....ultimately they got fed up chasing me after I told them they were now harassing me and I would be reporting the harassment.

    Hang tight, if you did not know there was a fault then hold your ground they have no legal recourse.

    In any event this is likely an inexpensive repair.

    If people want a guarantee buy from a dealer and get one in writing and of course pay more than you would privately.


  • #19
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    Under no circumstances, never ever offer to cover any expenses or repairs to said car. Being nice in this scenario is being stupid, as this is effectively admission of guilt and it might bite you back should things go to court.


  • #20
    User1998
    Registered Users Posts: 5,778 ✭✭✭User1998


    Block her number and forget about her. She has absolutely no rights here. Its a private sale. Forget about her she’s talking absolute sh*te


  • #21
    SCOOP 64
    Registered Users Posts: 5,205 ✭✭✭SCOOP 64


    Same thing happen to a friend of my only last month, guy came down from Dublin he buys my friends car which i thought my friend sold it too cheap anyway, a week later guy sends text messages i want my moneyback i have taken it too a machinic and he said needs €800 worth of work doing, my friend replys that car is fine , ,the guy sends 2 more text massage's about a refund these were ignored, never heard from him since.


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  • #22
    banie01
    Registered Users Posts: 16,434 ✭✭✭✭banie01


    road_high wrote: »
    Well that’s their problem, not yours. If you don’t specifically know what the problem is it could be anything. Especially if their mechanic friend had checked it over then TS.

    Exactly this.
    I wouldn't even discuss googling causes with the buyers.
    You sold the car, advised them of what you knew, they had the opportunity to inspect and chose to buy.

    The OPs obligations as a private seller have been meet and tbh other than advising the buyers that the sale is final.
    I wouldn't be engaging any further.


  • #23
    Salim57774
    Registered Users Posts: 29 ✭Salim57774


    grogi wrote: »
    Under no circumstances, never ever offer to cover any expenses or repairs to said car. Being nice in this scenario is being stupid, as this is effectively admission of guilt and it might bite you back should things go to court.

    Was thinking of paying her some money as a goodwill but if this could mean admission of guilt then i wouldn't do anything.
    You saved me from this stupid mistake. Thanks for your advice.

    The car is sold as seen, with NCT and tax, and it was driving perfect and never give any trouble before.


  • #24
    Salim57774
    Registered Users Posts: 29 ✭Salim57774


    pale rider wrote: »
    I’ve been in the same situation maybe 7 or 8 years back,, was threatened with consumer affairs, solicitors and small claims court, none of which applied as it was a private sale, I had sympathy for the buyer and arranged a garage to do the repair for half what they were quoted but they were not interested in that....ultimately they got fed up chasing me after I told them they were now harassing me and I would be reporting the harassment.

    Hang tight, if you did not know there was a fault then hold your ground they have no legal recourse.

    In any event, this is likely an inexpensive repair.

    If people want a guarantee buy from a dealer and get one in writing and of course pay more than you would privately.

    I didn't know of any problem in the car, and I'm not a mechanic by any means, i told her that and told her to bring her own mechanic twice because she was asking about things that i don't even know what they mean.


  • #25
    Doctors room ghost
    Registered Users Posts: 4,798 ✭✭✭Doctors room ghost


    grogi wrote: »
    Under no circumstances, never ever offer to cover any expenses or repairs to said car. Being nice in this scenario is being stupid, as this is effectively admission of guilt and it might bite you back should things go to court.




    Exactly. The new owners might have drove it back to cork in second gear on 7000 revs for all you know and not one fcuk would I give either.
    It was sold as seen cash was paid and deal was done.
    End of.


  • #26
    road_high
    Registered Users Posts: 19,383 ✭✭✭✭road_high


    Salim57774 wrote: »
    Was thinking of paying her some money as a goodwill but if this could mean admission of guilt then i wouldn't do anything.
    You saved me from this stupid mistake. Thanks for your advice.

    The car is sold as seen, with NCT and tax, and it was driving perfect and never give any trouble before.

    Absolutely right decision- you’d soon find you’d be handing them back a huge chunk of money and god knows where that would end. If you want fancy warranties then buy new or main dealer prices. Otherwise it’s buyer beware


  • #27
    road_high
    Registered Users Posts: 19,383 ✭✭✭✭road_high


    Salim57774 wrote: »
    I didn't know of any problem in the car, and I'm not a mechanic by any means, i told her that and told her to bring her own mechanic twice because she was asking about things that i don't even know what they mean.

    You can’t saw fairer than that- you hid nothing, they had amble opportunity to check it over and did so


  • #28
    Salim57774
    Registered Users Posts: 29 ✭Salim57774


    User1998 wrote: »
    Block her number and forget about her. She has absolutely no rights here. Its a private sale. Forget about her she’s talking absolute sh*te

    Don't think she even have my number, she have asked all the questions and talked through the DoneDeal chat. Will see what her mechanic say tomorrow. Hope it's a minor issue she can fix, and that's it but if she demanded refund i will be blocking her as i can't handle thinking of this issue all day anymore.


  • #29
    Salim57774
    Registered Users Posts: 29 ✭Salim57774


    SCOOP 64 wrote: »
    Same thing happen to a friend of my only last month, guy came down from Dublin he buys my friends car which i thought my friend sold it too cheap anyway, a week later guy sends text messages i want my moneyback i have taken it too a machinic and he said needs €800 worth of work doing, my friend replys that car is fine , ,the guy sends 2 more text massage's about a refund these were ignored, never heard from him since.

    probably will be doing same thing as your friend, Thanks for your reply to my thread anyway.


  • #30
    colm_mcm
    Registered Users Posts: 73,379 ✭✭✭✭colm_mcm


    Small point here, but don’t use the terms ‘buyer beware’ or ‘caveat emptor’ if you’re talking to the buyer. It implies guilt.

    Just say the car was perfect since you got it, and if anything’s happened the car since they bought it that’s bad luck, but you have no interest in buying your own - now broken - car back.

    End of story.


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  • #31
    road_high
    Registered Users Posts: 19,383 ✭✭✭✭road_high


    Salim57774 wrote: »
    Don't think she even have my number, she have asked all the questions and talked through the DoneDeal chat. Will see what her mechanic say tomorrow. Hope it's a minor issue she can fix, and that's it but if she demanded refund i will be blocking her as i can't handle thinking of this issue all day anymore.

    Just remain calm and courteous but firm - use the advice here. If she persists with the refund dogma then it’s blocking time.


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