Hi,

I recently sold my 2008 RRS TDV8 and the buyer contacted today saying he noticed a noise on the motorway which he thought was wheel bearing(s) but has since taken to a specialist that said it is the front diff and quoted £911+VAT for a replacement unit and £265+Vat to replace and is asking for a "goodwill payment". Sounds expensive and I would think it is possible to use a refurbished unit? Are there any companies (preferably in the Midlands) that do this?

Also his family have a garage doing exhausts etc and he filled in the V5 as a trader. I would think that would limit liability on my part? I don't want to get legal but I also don't want an argument or to spend out on a car I don't own.

Any help or advice would be appreciated.

Thanks

AW

No I am not a trader and was a private sale via Ebay classified advert. He paid cash and didn't even ask for a receipt!

DRDILL wrote:

Did upu give him a warranty? Are you a trader? If not then sold as seen, not your problem.

No I didn't notice it and both he and his father test drove the car. He said he spoke to trading standards and could demand his money back as the car is not as advertised but I can't mention what I don't know! Also the fact he filled in the trader section on the V5 I think limits anything to do with consumer rights?

steve2026 wrote:

DRDILL wrote:

Did upu give him a warranty? Are you a trader? If not then sold as seen, not your problem.

You have to be careful saying that, if the vehicle was sold with a " known" problem, then you are liable for costs to repair, even as a " private" seller.
I'm in no way saying that it was knowingly sold with this fault, but you can see what the buyer is getting at.

You don't have to tell someone about a fault, you just have to be truthful if asked a direct question. If you suspect a duff bearing, for example, but the only questions you're asked are about things other than bearings then you're ok. If he asks "are you aware of any parts that are wearing out/making a noise or might otherwise need replacing soon?" and you don't mention the bearing then you'd be at fault. Also, if your advert states, for example, "100% trouble-free" or similar then you'd be liable if there are problems.

Oh yes, and if you knowingly sell an unroadworthy vehicle as roadworthy - that's illegal. 2012 SDV6 - it's missing a couple of cylinders
2008 TDV8 - it was a labour of love and is much missed

Not asked any questions regarding any issues and like I said previously 2 people test drove the car and he looked at it for over 1 and a half hours. It had just passed the MOT 2 weeks prior and I don't see how it could be classed as not roadworthy? Also it took over a week before he contacted me.

You might be right as Which consumer rights say the following....

Quote:

Second hand car bought privately

You have fewer rights when you buy from a private seller and key parts of the Sale of Goods Act don't apply – there is no legal requirement for a car to be of satisfactory quality or fit for purpose.
But, legally, the seller must:
accurately describe the second hand car (for example, an advert must not say 'one owner', when the car has had several)
not misrepresent the second hand car (tell you something about the car which isn't true – such as if it’s been in an accident, the owner must answer truthfully).

Agree with DRDILL. One of the reasons dealers charge a premium is to cover any comebacks... your buyer wants dealer perks but only paying private prices! Stand your ground with this one

In answer to your question IAWA in Nottingham do a full refurb of diffs same day for £450. A forum member had it done a while back. I'm not Fat. RRS TDV6 HST.

I was told whenever selling a vehicle privately you should state on a receipt that it is "Sold as Seen"

Also. Was the vehicle sold as "Imaculate Condition"

Did the vendor pay the Full Asking Price?

You state that no receipt was either given or asked for. Very foolish on both your sides.

A receipt should show who sold the vehicle, who the vehicle was sold to, a brief description of the vehicle ie: Make, Model, Colour, Engine, Reg No and Mileage. It should also show the Price and payment method and if it was paid in full. State that it is Sold as Seen and signed and dated by both buyer & seller.

In answer to your questions.
Sorry I don't know anything about Diffs.
What should you do?
Tell him you'll put something in the post then send him a card at Christmas.

FatJoe wrote:

In answer to your question IAWA in Nottingham do a full refurb of diffs same day for £450. A forum member had it done a while back.

fdhadi wrote:

I was told whenever selling a vehicle privately you should state on a receipt that it is "Sold as Seen"

Also. Was the vehicle sold as "Imaculate Condition"

Did the vendor pay the Full Asking Price?

You state that no receipt was either given or asked for. Very foolish on both your sides.

A receipt should show who sold the vehicle, who the vehicle was sold to, a brief description of the vehicle ie: Make, Model, Colour, Engine, Reg No and Mileage. It should also show the Price and payment method and if it was paid in full. State that it is Sold as Seen and signed and dated by both buyer & seller.

In answer to your questions.
Sorry I don't know anything about Diffs.
What should you do?
Tell him you'll put something in the post then send him a card at Christmas.