Guest MARCUS Posted August 31, 2004 Posted August 31, 2004 i have just sold my uk auto tt yesterday morning and i got a phone call this morning saying that the big ends have gone and he wants his money back :( i havent had any trouble with the engine apart from battery dying although it has done 113,000 miles. is it a new engine or is there a way of sorting it out cheap. i have said i would pay for work but if its going to cost too much ill have to negotiate a bit. any ideas!!!! :confused: Quote
jaffa Posted August 31, 2004 Posted August 31, 2004 hmmm, what was he doing to it when they went? have you got a boost controller or anything that he might have played with? Don't know how you would go about sorting it out though, sorry. Quote
pete shrimp Posted August 31, 2004 Posted August 31, 2004 Legally you dont have to do anything... its his risk, and he would 99% lose any legal battle. But I guess that doesn't help, its a tough one :( If you do do the nice guy and pay a proportion, try and find someone to do the work yourself in case he is less likely to search for a decent price. Have you seen the car and had proof of the problems since? Good luck Pete Quote
Guest MARCUS Posted August 31, 2004 Posted August 31, 2004 no boost controller, the car is completely standard. the car was sold on ebay described with excellent engine. but no warranty was given. would that make a diffence to the legal side, i take it big ends dont just go? Quote
greg Posted August 31, 2004 Posted August 31, 2004 if its sold as seen then the chap doesent really have a say but then it depends what sort of chap you are and whether you want trouble on your doorstep how much did the car go for greg Quote
Guest MARCUS Posted August 31, 2004 Posted August 31, 2004 the car went for 2450 on ebay . i dropped car off monday morning. he keeps saying it was described as having an excellent engine when it wasnt. but nobody noticed anything until he took it to garage because he could smell fuel Quote
jaffa Posted August 31, 2004 Posted August 31, 2004 for that price he can't really complain. I would advise you tell him to take the car to a Zed specialist to get their opinion. I would definately try to get a second opinion as the number of times I've seen garages mis-diagnose things on here... Quote
Guest MARCUS Posted August 31, 2004 Posted August 31, 2004 ill send him to jeff. the car seemed fine to me, although that doesnt say alot, but it was a bit tappy. Quote
Paul C Posted August 31, 2004 Posted August 31, 2004 there is no legal comeback on a private sale as far as i know. it is upto to buyer to confirm condition. Quote
Guest MARCUS Posted August 31, 2004 Posted August 31, 2004 is there anyway of finding out how i stand legally? Quote
sideshowbob Posted August 31, 2004 Posted August 31, 2004 I wouldn't commit to anything involving money until it's been properly diagnosed with big-end failure, he's probably driven it around all day, realised how thirsty it is and decided he wants his money back! Can you remember the mileage when you sold it? See how many it's done till the big-ends ''went''. Did the guy knock the price down a lot, seems cheap. As before: You aren't liable for this, its up to him to get it properly checked out beforehand, thats why people pay more from a garage....peace of mind/waranty.....apparantly! Good luck mate. Quote
Paul C Posted August 31, 2004 Posted August 31, 2004 From the AA website: Private If you buy privately, you won't be protected legally if the car doesn't come up to scratch. It's up to you to ask the right questions and have it thoroughly inspected before you buy. Safeguards Essentially it's a case of 'Buyer Beware'. As the onus is on you to make sure the car is sound, it's a good idea to get an independent engineer to give the car a thorough mechanical inspection. Hidden past Then, there are past owners to consider. You could opt for an AA Car Data Check, which will let you know if there's outstanding finance on the car, or even if it has a shady history. Your legal rights are limited and unscrupulous dealers often masquerade as private sellers, so beware. The only legal terms that cover a private sale contract are: the seller must have the right to sell the car the vehicle should not be misrepresented it should match its description: if the ad states that there is a valid MOT, there should be a valid MOT Key point Remember, if there are problems, you can only claim against someone you can find and if they have the means. Therefore: go to their address and if possible get a home phone number – don't meet someone on a street corner check the documents carefully – make sure the seller is the person named on the registration document and other papers. The AA Car Buyer's Contract can offer you some protection if you're buying privately. Quote
Guest MARCUS Posted August 31, 2004 Posted August 31, 2004 would ' the vehicle being misrepresented ' count if i said the engine was excellent and the big ends have gone? Quote
sideshowbob Posted August 31, 2004 Posted August 31, 2004 No, if the big-ends had gone, he shouldn't have bought it! Especially as all this flared up the very next day! Quote
Paul C Posted August 31, 2004 Posted August 31, 2004 dunno really, was the engine ok at time of sale? if something goes wrong after you sold it then thats tuff luck im afraid! as harsh as it may seem its down to the buyer. is prob worth getting legal advise, but i really doubt that they could do anything about it. for all you know they could have redlined it all the way home!! Quote
billynomates Posted August 31, 2004 Posted August 31, 2004 all the above are right m8, he doesn't have any legal redress to you be careful what you say in emails m8, he could be saving them and maybe use at a later date;) Quote
Guest MARCUS Posted August 31, 2004 Posted August 31, 2004 thanks alot everybody, ill let you know how it all goes. in the meantime i need another zed so i might need someone to assist me so i dont do the same. thanks again. Quote
Guest sypheous Posted August 31, 2004 Posted August 31, 2004 This guy dosn't have a leg to stand on, sold as seen, im afraid, he has no come back on you, let him take you to court and he will lose, he should have had it inspected before hand, you wouldn't buy a house without a survayors report, so why buy a car without an engineers report?? Quote
RichardS Posted August 31, 2004 Posted August 31, 2004 As everyone else says, you are not liable for anything. If the big ends had gone whilst you still owned it you would have known about it, they make a lot of noise and oil pressure would be way down. If they have suddenly gone after he has bought it, then tough shit on him - did he check the oil etc before driving away? If it was dangerously low that could cause sudden bearing failure, but again he should have made all necessary checks. The old saying is "Buyer beware" At the price he paid, I wouldn't even offer anything. Tell him politely it's his own look out. Richard :) Quote I have something to say............ It's better to burn out than to fade away..... :tt2:
Guest MARCUS Posted August 31, 2004 Posted August 31, 2004 the bloke has contacted ebay and they have said it could be fraud and he is thinking of going to police!!! the garage said the big ends must have been worn when i sold it!!! Quote
Guest sypheous Posted August 31, 2004 Posted August 31, 2004 He has to prove that, and with no engineers report, he cant. Quote
Guest MARCUS Posted August 31, 2004 Posted August 31, 2004 is that not somthing the garage would do for him, bearing in mind theve given him a nice estimate of 2 grand! Quote
Paul C Posted August 31, 2004 Posted August 31, 2004 cant see how it can be fraud?!!? are you able to give a professional opinion on every item on the car? NO! is it his responsibility to have the car checked prior to purchase? YES! did he purchase the car & was happy at time of sale? YES! i think he's just trying to call your bluff! like i said, call the CAB mate. :) Quote
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