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Sold a Car and now buyer is backing out of deal

  • 20-03-2006 10:47pm
    #1
    shepthedog
    Closed Accounts Posts: 1,689 ✭✭✭


    Hi all, looking for some advice on a hypothetical situation..

    So heres a queston i have, does anyone have advice on the possible situation below.

    If I sold my classic car to someone, I had agreed to make some minor repairs at my own expense to the other persons specifications before they bought the car from me..So if sale day came and went, the person examined the car extensively, test drove etc and was v happy and sale went through..
    So a week passes and then person rings me telling me hes now not happy with the car and wants to cancel the deal. He says he will cancel the cheque that he paid me with ( I had accepted with good faith).. I could also have a deposit from the person which i took to hold the car for him.
    So would i have any rights here??
    Can this person bring the car back and cancel this cheque?
    Anyone have any idea what would happen in this scenario or has it happened to anyone here??


Comments

  • #2
    Eru
    Closed Accounts Posts: 2,357 ✭✭✭Eru


    Who accepts a personal cheque for a second hand sale?:confused:


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,490 ✭✭✭✭Victor


    Does this apply?

    SALE OF GOODS AND SUPPLY OF SERVICES ACT, 1980 SECTION 13(2)

    "(2) Without prejudice to any other condition or warranty, in every contract for the sale of a motor vehicle (except a contract in which the buyer is a person whose business it is to deal in motor vehicles) there is an implied condition that at the time of delivery of the vehicle under the contract it is free from any defect which would render it a danger to the public, including persons travelling in the vehicle."

    Note the rest of section 13 is more detailed than the above.


  • #4
    Turner
    Moderators, Society & Culture Moderators Posts: 3,935 Mod ✭✭✭✭Turner


    Karlitosway1978 wrote:
    Who accepts a personal cheque for a second hand sale?:confused:

    People who drive classic cars are such nice people.... Are they not?

    The kind of person who bakes cakes to sell at the church fair and drives to it in his classic car.


  • #5
    Eru
    Closed Accounts Posts: 2,357 ✭✭✭Eru


    Chief--- wrote:
    People who drive classic cars are such nice people.... Are they not?

    The kind of person who bakes cakes to sell at the church fair and drives to it in his classic car.

    Know any that wants to buy a bridge? :D


  • #6
    mountainyman
    Closed Accounts Posts: 2,268 ✭✭✭mountainyman


    Victor wrote:
    Does this apply?

    SALE OF GOODS AND SUPPLY OF SERVICES ACT, 1980 SECTION 13(2)
    Probably not. The most important question is does the vendor trade in classic cars.
    I believe that in this case the buyer would be entitled to cancel his cheque and return the car. In contracts involving the public and which are negotiated away from business premises allow for a cooling off period (even if this isn’t written in the contract it is an implied term which is there by law).

    On the other hand if (hypothetically) you are a private individual you can certainly use the cancelled cheque as proof that a deal existed. The measure of merchantable quality in a private classic car sale is very low and a court would be unlikely to support the buyer.

    Why would you bother like?

    NON LEGAL ADVICE Just sell the car again

    MM


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