How am I in the wrong
I advertised a car for sale saying it was a great car, after it was advertised for a few days the engine light came on. I took it to the mechanics they said it was the timing sensor and as I didn’t have the money to spend on it - I didn’t do anything about it. When someone enquired about the car I told them that was the case. Fast forward a week and someone buys the car. I told them about the engine light. They took it for a test drive and bought it. Now 2-3 days later the car has mucked up and they are now saying that they are taking me to court? I have to pay for repairs etc??
I don’t think that I am responsible for the repairs?
What are your opinions?
I will be seeking legal advice.
Am I in the wrong?
Am I in the wrong?
Posted in:
Behaviour
9 Replies
Did they not have a mechanic check it over before purchasing it? If not, there is nothing they can do. It was a private sale and they brought it as is.
Unfortunately for them there's nothing they can do. It's a case of buyer beware when it comes to cars . Unless they can prove you were completely dishonest, there's not a thing they can do about it. Let them waste more money going to court. That's if they even do.
They can't do anything I don't think, I've bought a few second hand cars for my kids in the last year and I have always known it's my risk. Once you drive it away it's your problem. Different if you get it from a dealer. Remind them that you made them aware of a possible problem, although I would feel guilty enough to give them some money back so it lowers the purchase price if that wasn't already taken into account. Or buy the car back for the same price, fix the problem and resell.
Im a bit the same. If it was a few weeks later fair enough. But if it was days or a week later I would feel horrible. It's not nice when you buy a car and it just stops. I hope it wasn't sold as roadworthy and the sale price reflected what was wrong with it.
Nothing they can do about it. It’s not their problem. Block their number.
Now their problem
Did you tell them exactly what it was or just say the engine light is on?
Did you edit your advertisement (detailing the engine light/mechanical fault) at any point before the buyer enquired?
Do you have any correspondence with the buyer where you told him about the problems - such as texts, PM's, emails etc?
If the advertisement didn't reflect the exact condition of the car and any discussion you had with the buyer about the fault was only verbal - he may very well have a case if he wished to pursue it.
If you do have some proof that he knowingly purchased the car despite the engine light issue, that probably has you off the hook.
My daughter advertised her ute on marketplace. A “friend” and her son saw that ad and wanted to have a look. The car was advertised as is, no RWC, project car that no longer have time for. She had over 30 replies to the ad in 24hrs, it was priced right. Our friend came and looked, she told them if they wanted to get a mechanic etc to look they could, they saw that there was obvious work to be done and between themselves put a cost on that work. They offered $2k lower than asking price. Told them no, others were wanting to look the next day at full price, countered their offer for a same day sale, they accepted, organised a movement permit, transferred the $ and came and picked up the car, driving it back to their place. Three and a half weeks later, after the kid putting $ into the car (new stereo, new seats, new tow ball, new spotlight on the roof, and some minor mechanical work) they went to get a RWC and it didn’t pass. All of a sudden we are the worst people in the world for selling him the car and after he’s spent all his money it can’t be registered. Kids mum slurred us on fb without naming us, but common friends knew, didn’t get the response wanted so continued to shame us. They were given an inspection report my daughter had done to cost work needed to get it roadworthy, she lied on posts and said she had a roadworthy for it, but sometime between that being done and them buying the car we had done more damage that now deems the car unroadworthy. She had a friend comment that it can be fixed, it just costs $, her reply was her son had out all his $ into the car and it’s now worth nothing more than a boat anchor. She told me I had to talk to my daughter and get her to give him his $ back including what he’d spent on it; ummm no, you had opportunity before taking the car to get your own inspection done, you knocked the price down and she kindly let him have it cheaper because you’re friends, your partner miscalculated the cost to get it on road, you don’t come back almost a month later after anything could have happened to the car and tell her he doesn’t want it anymore. It was sold as is, no RWC, at $1.5k less than others were going to pay for it. Lesson learnt.