rejecting a used car

car sales

New Member
May 15, 2009
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Hi, there seems to be alot of customers on here asking questions and some very helpfull answers, but none from traders.
I am a registered car dealer who is in the process of being taken to small claims court. I recently sold a jeep via ebay "buy it now" it was advertised as having a fault with water bubbling in the water bottle and a noise from the back brakes. i also stated that the reason for both these faults were unknown and the vehicle was uninspected. i also wrote in my advert that the jeep drove faultless and that it did not overheat (i based these comments on the 200 miles i had done in the jeep myself). Due to these faults i advertised the jeep for around £750 cheaper than retail value. someone contacted me and offered £650 subject to inspection. i agreed to this sum as it was advertised for £695 (as opposed to £1495 true retail) but said that to conform with ebay policies he still had to submit the bid via best offer function. i agreed verbaly that if after inspection and test drive he did not want the jeep he did not have to complete the sale. the offer was submitted and i accepted. the buyer came the next day to inspect the vehicle and claimed he was also a car trader who was very good at mechanics (im useless!!) he inpected the vehicle for around 20 mins and i took him for a 10-15 min test drive at which time i pointed out the faults i had listed in my advert. the customer advised me that the back brakes proberly needed changing and the water bubbling could be any number of things including a head/head gasket fault. the customer was also made aware verbaly by me that due to the back brakes being noisey and a possible cause of water bubbling was a head gasket that it would be safer to tow the vehicle away. he declined and said he was happy to purchase at the price agreed and would take his chances driving back (168 miles). he signed a reciept that stated "sold on trade basis with no warranty given or implied and sold at a discounted rate to cover all or any faults". i had an email off the customer the following evening stating he wanted his money refunded in full and for me to collect the vehicle. he claimed it overheated and lost water after 100 miles of motorway driving. he also said that the back brakes on one side were metal to metal and he wanted to reject it because it was unroadworthy and because i stated in my advert that it did not overheat and so was not as described. the customer admitted in writing that he continued to drive for another 68 miles after it had first overheated and also that he has stripped the vehicle down himself the next day to try and fix/inspect it. i refused a refund based on the fact he had continued to drive for 68 miles possibly causing more damage and also because he had stripped the vehicle down to try and repair it himself i could not be certain that he had not caused the fault himself. he had not given me an opportunity to get the vehicle independantly inspected before tampering with it. i also refused because it was listed with a noise from the back brakes and i told him i didn't know the reason. he was also made aware that the brakes needing to be changed was a possibility. he was also made aware that there was water bubbling in the water bottle which he was happy to accept could be the start of a head gasket problem (driving with this fault 100 miles at constant motorway speeds proberly caused the head gasket to go altogether. i explained that even though i had stated the vehicle did not overheat it was his negligence in continuing to drive with this fault that caused it to overheat. the customer has now taken me to small claims court (just recieved the paperwork) claiming the full amount of the vehicle based on it not being as described and unroadworthy. i just wanted to try and find out where i stand and if there is any particular law/rule regarding this type of situation. any help would be greatly appreciated.
 

Tony

What Consumer Founder
Apr 7, 2008
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Bolton
I think you will be OK, as it was a B2B transaction, he had a chance to inspect the car, and signed the receipt i.e entered a contract which said: "sold on trade basis with no warranty given or implied and sold at a discounted rate to cover all or any faults" However, was he aware this was on the receipt? This is only my opinion though...
 

car sales

New Member
May 15, 2009
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Hi, he was aware this was on the reciept and i gave him a copy. he is now claiming to the courts that he does not trade cars and he is a consumer. he told me he done it part time as well as him normal job. have i covered myself regarding the faults listed in the add as these are the ones hes taking me to court for. thanks ryan
 

Tony

What Consumer Founder
Apr 7, 2008
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Bolton
Hi Ryan,

Sounds tricky, have you checked his ebay profile to see how many cars he is buying and selling. This will prove he is in the business.

Tony
 

car sales

New Member
May 15, 2009
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HI, there is no records i can see on ebay of him actualy selling cars, but he has just bought a car transporter, the jeep of me he was going to use to tow the transporter once he had fixed it and he has also been buying car parts for lots of different makes and models. my main worry is the fact he is saying it was not roadworthy and because i wrote that it did not overheat in my description and now he is claiming it does (proberly is if the head gasket has gone altogether).
 

car sales

New Member
May 15, 2009
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Hi, just to give you all an update. i was in court back in November for the above mentioned complaint from a customer and the judge ruled in my favour so i won hey!! the judge ruled that due to the age, milage and price paid, the faults listed and the fact he had a chance to inspect and test drive before completing the sale meant that i had covered all bases. He also stated that the customer was very naieve and wanted everything for nothing. even though the customer told me he was a trader, he later back tracked on this and this case was dealt with as a trader (me) selling to a private consumer. This whole case including traveling and days off work ect cost the customer over £700 which he obviously couldn't claim back, very expensive mistake id say for a jeep he only paid £650 for!! So, a little bit of advise for consumers, think very carefully before you go down this route, the judge and trading standards don't always side with you.
 

Tony

What Consumer Founder
Apr 7, 2008
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Bolton
Thanks for the update it is appreciated. Trading standards will only help consumers if they think they have a good case.
 

lindamini

New Member
Feb 11, 2010
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Hi there. i bought an 03 mini cooper from 2nd hand dealer in glasgow 10 days ago,took finance option and extra 5 years warranty. The day i got the car i noticed a 'whining/grinding' noise coming from the engine so i phoned them the next day and they told me to bring it in 2 days later which i did. I went out in it with the mechanic who thought it was the thrust bearing in the clutch, it turns out it is the 'diff bearing' in the gear box to which the manager said would take a week to repair.The next day after some thought we decided to go and speak to him again stating we wanted to reject the car as it was not fit for purpose but we were told that was not an option as the car had been re-registered and as there was another 'owner', it would devalue the car. I know i have to give them the chance to repair the problem but what are my rights as to having to accept the car? What if the same problem arises again or even another major repair so soon after i bought it? They did give me my old car i traded in as a courtesy car. Thanks
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
It is technically possible to reject it, but it is not easy. It sounds like a pretty serious fault and you have not had it long both these factors go in your favour. However, it is not new and this might be something that can happen to a car of this age???

To answer your second question. The same problems to happen two or three times before you can request a refund.

Tony