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.
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.