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Sold car privately, buyer now threatening legal action!! Advice please.


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#1 retro_muz

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Posted 26 February 2011 - 06:46 PM

Long story short I sold my E36 M3 18 days ago, I sold the car in good faith with a full service history plus recent service and MOT. 


The buyer looked around the car at length, I took him for a test drive (drove the car hard, did everything he asked), he took it for a test drive, we came to a deal, he took the car... everyones happy! 


3 days later i get a phone call, he tells me the fuel filters never been changed (sends me photos of a filter) and asked if I knew that the clutch had gone, because it had apparently?! But that he wasn't too mad simply pointing out that I shouldn't continue using the garages I had been for the servicing. (fair point)


Today (18 days later) he rings me again to say the VANOS unit is faulty on the car and that the repair bill is around £2k, he says he's "lost" the sold as seen receipt that he made out and both signed (I should have made a copy too I know) and that he's going to get in touch with his solicitor and I assume pursue legal action!! 


Its worth saying at this point that I sold this car in complete good faith, I was completely unaware of any of the faults he's now stating and on the day of the sale the car drove perfectly (and had been driving perfectly), hence he bought it. He's got all the paperwork for the car so knows i'd serviced and maintained the car regularly and had any repairs done when it needed them. 


Now I'm pretty sure he's not really got a leg to stand on but do I have anything to worry about here?


I do feel for the bloke if what he's saying is true but I was genuine and sold the car truthfully.




#2 maxitrol

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Posted 26 February 2011 - 07:02 PM

 you sold him the car sold as seen,he must of been happy with it when drove it away...


You have nothing to worry about



#3 Diggy

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Posted 26 February 2011 - 07:04 PM

Tell him to jog on.


He's not got a leg to stand on.



#4 Lee_Hanmore1990

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Posted 26 February 2011 - 07:09 PM

Tell Him to jog on. You sold the car in good faith, both went for a test drive and drove it how he asked. What's a vanos unit?

#5 blade4real2004

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Posted 26 February 2011 - 07:15 PM

 its not your fault it problems after the sale of the car have started end of the day anything can happen at any time with a car



#6 kipper101

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Posted 26 February 2011 - 07:19 PM

 ive never heard of a vanos unit?


i heard about a friends friend who brought a subaru impreza some years ago i think this was and i think it was about 2 months (maybe not that long) later or something the engine blew and he took the guy to court and got money for it. not sure the story how he brought the car etc tho so cant really help out.


i brought my car of ebay i think it was november or december 2009 and it was fine for a month and then started having a problem with it. it was to do with the immobiliser (still not sorted properly) and then i was getting little problems here and there...... even to this day i have many probs i wanna sort out on the car to get it back to former glory and beyond. being the 10th or 11th owner im assuming it hasnt been looked after perfectly but some stuff has been done so it obviously wernt as badly looked after as first thought.


and surely if the clutch went u would of been able to tell befor unless it dont give any signs its going.....



#7 Dod 1396

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Posted 26 February 2011 - 07:25 PM

 There seems to be little rights for a private sale, bar the goods must be as described and you must be entitled to sell.


http://www.direct.go...ights/DG_183047



#8 Greg_12345

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Posted 26 February 2011 - 07:50 PM

The Vanos adjusts the cam timings.


I know there troublesome on the E39 M5 aswell.



#9 PokerProTDI150

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Posted 26 February 2011 - 08:57 PM

Forget anything hes got to say, he hasnt got a chance.


This guy is a complete tool whoever he is, i doubt he really plans any legal action.


Sounds like hes after earning some extra cash by asking for 'goodwil' repair costs.


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#10 peace1969

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Posted 27 February 2011 - 03:05 AM

Fella as it was a private sale and you stated sold as seen on the receipt the buyer hasn't got a leg to stand on, so dont worry about it.



#11 Rustynuts

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Posted 27 February 2011 - 03:07 AM

Just reply that you sold the car as seen with no warranty, in good faith, and as he's already pointed out the car drove perfectly when he test drove it. Don't enter into any other dialogue as he may see that as an indicator that you're willing to negotiate.


As you're a private seller and he's a private buyer (I presume) then caveat emptor applies.



#12 Londonluke

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Posted 27 February 2011 - 03:19 AM

Next time as you said, print 2 copies and get both signed keeping one.  Write back and inform him he has no rights and you will treat any further letters etc from him as harassment 


 


For that type of car he should have had it inspected by a expert !



#13 rje

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Posted 27 February 2011 - 03:29 AM

He's already admitted he hasn't got a receipt. Surely no receipt = no proof of purchase and no claim. Agree with the above, he can jog on.

#14 Rustynuts

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Posted 27 February 2011 - 03:39 AM

Oh, and don't speak on the phone either. Any dialogue should be in written form so that he's under no illusion as to what's being said, and there can be no misunderstanding.



#15 richwig83

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Posted 27 February 2011 - 03:43 AM

Oh, and don't speak on the phone either. Any dialogue should be in written form so that he's under no illusion as to what's being said, and there can be no misunderstanding.

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Correspond everything via email or post


 

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#16 tsl_wales

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Posted 27 February 2011 - 03:50 AM

You should go to the garages you used and ask them about these claims hes making, put them on the spot.


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#17 broadblaster

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Posted 27 February 2011 - 03:51 AM

 as above all correspondence must be in writeing hard for him but tought luck it was fine when he brought it or he would not have brought it off you and how are you to know that he has'nt thrashed seven bales of shoot out of the car since he has owned it


tell him on yer bike mate



#18 Engimaneer

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Posted 27 February 2011 - 03:55 AM

As long as you said exaxtally what the car was, and didnt say the particular unit was 100% workig, then he should not have a leg to stand on.


By handing the money over he accepts the goods. Therefore that is equivalent to accepting them in the condition they are in.


Something can go wrong in a car overnight and it wouldnt be your fault.



#19 trl

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Posted 27 February 2011 - 04:21 AM

Don't communicate, and don't go to the garages that did the work. When you sold the car you were honest, provided no warranty, and the car was fit for its intended purpose. Think about it: a VW dealer would be reluctant to replace a clutch under warranty on a new car once it has done a few thousand miles.

#20 Londonluke

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Posted 27 February 2011 - 04:23 AM

Or he has a M3 with a BAD Vanos and has swapped it over with yours hoping you might take the car back


 



#21 Grum

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Posted 27 February 2011 - 04:42 AM

 tell him to measure the tread depth on the back tyres too, for the clutch to go that quick, it wont surprise me if he has been doing standing starts or trying to do donuts!


the same thing happened to me with my old polo, i had a polo gti (common for gearbox problems) anyway, i sold the car in the same situation, guy came a drove it, i drove it with him as a passenger and showed that the car was in great running order and condition, a few weeks later the gearbox blew, and he had to fork out around £800 to get a new gearbox fitted.


the way i saw it was that if i didnt sell the car then it would have happened to me! its something that cant be helped!


luckily the guy was decent and just got it done, i didnt pay anything back.



#22 gsavill90

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Posted 27 February 2011 - 04:47 AM

As said, due to the fact it's a private sale the buyer doesn't really have any rights.


Terms such as "not fit for purpose" only apply to traders. Even if you were a trader i think he'd have to prove that you were mis-selling the car, which would be very difficult for him.


Phone up consumer direct (08454 04 05 06), they're very helpful and know their stuff!



#23 retro_muz

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Posted 27 February 2011 - 04:51 AM

Thanks for the feedback and advice thats put my mind at ease.


As someone has previously stated the VANOS is BMW's version of variable valve timing, it gives the M power engines the extra BHP.


The only place I could come unstuck is I may have stated on the advert that the VANOS in particular was working as it should, which wasn't a lie as it was. I stated this as anyone looking to buy an E36 M3 asks about it anyway so I was simply preempting the questions.


However the advert is no longer online and he hasn't mentioned this fact over the phone, so I may be in the clear on that front too. 


If he gets in touch again i'll state all further correspondence is to be through letter or email and that the car was sold as seen in good faith.



#24 retro_muz

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Posted 27 February 2011 - 04:58 AM

 tell him to measure the tread depth on the back tyres too, for the clutch to go that quick, it wont surprise me if he has been doing standing starts or trying to do donuts!

 

I know he's been driving the car hard because he's said over the phone he's struggling to get the back end out (why this is my problem I don't know) and I have text of him from the first time he got back in touch telling me how much faster the car is after he changed the fuel filter.



#25 Ianm

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Posted 27 February 2011 - 04:58 AM

 His solicitor will likely inform him he has little or no chance of getting any money back, and any money he did get wlould probably only cover legal fees, pitfalls of a private sale. I bought a E46 328 that turned out to have been in an accident. Lost a fortune on it but such is life.



#26 Simon

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Posted 27 February 2011 - 05:11 AM

Surely for him to stand any chance, he'll have to prove that there was something wrong with the car when it was sold, and that you knew about it. Impossible I'd say.


A risk you take when buying private and not having any warranty.


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#27 Londonluke

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Posted 27 February 2011 - 05:15 AM

So he has changed the filter etc ?


The guy is a muppet and is out to try and do what people like "Dils" do,,,,, cheat and get things for free etc 


 


No one with brains buys a M3 without getting a Independent M3 Specialist to check it out 


 


Send him a christmas card !! 



#28 retro_muz

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Posted 27 February 2011 - 05:41 AM

So he has changed the filter etc ?

The guy is a muppet and is out to try and do what people like "Dils" do,,,,, cheat and get things for free etc 

 

No one with brains buys a M3 without getting a Independent M3 Specialist to check it out 

 

Send him a christmas card !! 

I don't know what he's done, to be honest the car ran for 3 years without any major mechanical fault for me, I serviced and maintained it regularly. Now i've either been extremely lucky and sold the car right before it started falling to bits or he's been driving it like a twazzok and pushed it too far, I suspect its the latter and now he's kicking himself. As I say I won't be speaking to him again, if he wants to do this he can go down the correct routes and follow procedure, from what I've read and what you guys have said I welcome any attempt at legal action.



#29 Londonluke

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Posted 27 February 2011 - 07:56 AM

Give me a brand new M5 and i will kill it in a day  tracking it. I bet the guy was well out of his depth buying the car in the first place, has no idea about how it should be driven and just wanted to act the cock to his mates and silly girls who are into guys like that


 


 Bet he is right in it now and will have big bills !!


 


M3's are great cars but they attract many terrible owners who cannot ever afford to service one !



#30 The_allstar

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Posted 27 February 2011 - 08:07 AM

As everyone has said I can't see that he has any right to claim anything off you. 


It's like if I bought a 100k 1.8T, remapped it straight away and the clutch went, I couldn't claim that from the seller. Don't drive it like a douche and it won't break!







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