Advice Needed: Sold Car, Buyer Says It Has Major Defect

MechEng on 08/04/2019 - 22:38
Last edited 10/04/2019 - 21:10

I sold a 10yr 125000 km car privately.
The car was in great condition at time of sale.
Note that this car was definitely not a high yield investment, but a good, boring reliable one.
I was second owner 5 yr ownership and never any issue. All maintenance recorded in log book.
Sold the car in at the beginning of the year and after 2 months buyer sends letter claiming that the car overheated due to some sort of dodgy fix (got a mechanics report), and that I was deliberately lying when sold car.
I got really offended because I look after my vehicles very well, and I felt personally attacked.
Is there something the buyer can do that will end up costing me money?
Any advice that someone can give me?

I feel trapped in some sort of reverse lemon issue where the buyer is trying to get me to pay for something that they did to the car, but I am not willing to. I am even willing to go to court if needed as I feel that is their onus to prove that:
1- there was an issue with the car at the time of sale( there wasn't)
2- I knew about such issue
3- I intentionally did not tell the buyer about such issue
Any advice is greatly appreciated

Note: thank you all for your comments. I've decided to wait and do nothing until (if) properly notified.
I really felt personally attacked on this one because I wouldn't do something like that. I will keep you posted if something changes. Cheers. ME

Automotive

Comments

          • Wallyt99 on 11/04/2019 - 05:49

            @[Deactivated]: I will complete this transaction and send you one pallet of Anus laptops - provided you show that you can successfully sell the laptops in market by creating an advertisement for Anus laptops and uploading it to YouTube.

    • [Deactivated] on 11/04/2019 - 03:33

      would you also accept iTunes vouchers? they seem to be more acceptable than cash nowadays

  • Micko179 on 09/04/2019 - 20:11

    Tell them to go suck a LEMON! Private sale = end of story! the Laws you speak of only apply to Licensed Motor Dealers in QLD!

  • Ahbal on 09/04/2019 - 20:48
    -2

    You are being way too emotional about this.

    Ignore and move on. His problem, not yours. They can literally do nothing about it except kick and scream.

  • aussieolfaction on 09/04/2019 - 20:58
    +1

    Given the sale was private, you have absolutely no legal obligation to do anything here. It's the buyer's problem, not yours.

  • DonWilson on 09/04/2019 - 21:21
    +11

    Just tell them the truth (to the best of your knowledge car was in the condition you represented it as at time of sale) and let them know you will no longer be replying to them. Do not talk to them on the phone, just tell them you'll only accept any communication in writing but will not reply to it as you've already said your piece.

    Even if they get a lawyer to draft a letter to send to you - you still have no need to act. Lawyers act on behalf of their clients - they sent you a letter because their client asked them to. They can do so without agreeing what their client wants is legally enforceable but they'll probably hope you infer they are doing that. Similar to the current demands you can simply not reply to it or lay out that you disagree with their claim and will not be replying to it further.

    The time you need to take action is if the guy who bought your car files a statement of claim with the local court. Not acting on/replying to that is to your detriment. Everything else is just chat.

    IANAL. Also I am not a lawyer.

    • MechEng on 09/04/2019 - 22:58

      Will I be informed if the buyer files a statement of claim?

      • DonWilson on 10/04/2019 - 01:16
        +4

        Yes, you have to be served the claim. The buyer may try to do this in person and if they're super dodgy they could claim they served you, fake your signature or claim you refused to sign in spite of seeing the claim, and lodge the affidavit of service as if you had been properly served. However this would probably get them in a world of legal hurt because if you contest a default judgement against you that occurred because they didn't properly notify you of the case then they have to provide positive evidence they did so which they won't be able to do.

        But yeah, google your state and "serving a statement of claim" and "receiving a statement of claim" to see how it works.

        • MechEng on 10/04/2019 - 20:56

          Thanks for the thorough explanation

    • xuqi on 10/04/2019 - 12:19

      Wrong! Just ignore and block the buyer. No need to partake in their folly.

      • DonWilson on 10/04/2019 - 19:37
        +2

        Which bit's wrong?

        Obviously the only thing you have to respond to is the statement of claim, as I said. Everything else is just my opinion on what to do. Neither replying politely nor blocking and ignoring are required, all those options are just options.

  • dman55 on 09/04/2019 - 21:31

    I thought it's up to the buyer to take the car to a mechanic to have it checked out before buying? I don't think you have any responsibility now.

  • 82norm on 09/04/2019 - 21:56
    +4

    Move on and don’t stress on it.

    But as one poster commented “The time you need to take action is if the guy who bought your car files a statement of claim with the local court. Not acting on/replying to that is to your detriment.”…

    Should that happen, you need to respond, otherwise, failure to do so, may result in favour of the claimant.

    Classic case of caveat emptor. You’ve got nothing to worry about.

    • MechEng on 09/04/2019 - 22:59

      How do I know if he buyer files a statement of claim? Will I get notified?

      • Caped Baldy on 09/04/2019 - 23:23
        +2

        Nah you'll be fine. Caveat emptor - buyer beware.

        Ideally the buyer should get their checks done - ppsr report and getting a mechanic to do a thorough check. Did they?

        They've had the car for two months and either they did something themselves or didn't get things checked out prior to purchase.

        I feel like they're clutching at straws.

      • rave75 on 10/04/2019 - 11:46
        +1

        Statement of claim has to be served to small claim court and also you. They can serve the document to you either personally by the plaintiff (your buyer) or by a process server. When you received it, they will need your signature and then there will be instructions to defend that. The buyer doesn't have legal stand anyway. It is his responsibility to ensure the car satisfy his expectations.

  • snajper on 10/04/2019 - 06:03

    Not sure what the issue is here… there is no way that they can do anything as private sale is “as is”. It is common scam in Sydney where they try to get some of the money back…. by writing a dodgy report… just ignore it….

    • SnoozeAndLose on 10/04/2019 - 06:59

      How can they do this in Sydney?

  • brad1-8tsi on 10/04/2019 - 10:28
    +1

    Point him to Fair Trading and MTAA websites.

    Buyer should have done their homework. This includes inspecting the vehicle logbook for service history, having a suitably qualified person inspect the vehicle and making any enquiries with past owners or service providers.

    https://www.mtansw.com.au/consumer-advice/buying-a-used-car

    Important:
    If you buy a car privately, under the Australian Consumer Law it must be sold with clear title but no dealer guarantees are provided. If you choose to buy privately, it is essential that you get an independent inspection, or you could be stuck with a vehicle that has been poorly repaired or even written-off. No matter how good the bargain looks, always be extra cautious when purchasing a car privately.

    NSW Dept Fair Trading rules don't apply as you aren't a licenced dealer

    https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/00…

    • rave75 on 10/04/2019 - 11:47

      Send him this. He is just trying to get $ from you.

  • athk on 10/04/2019 - 10:38
    -1

    Ask for bank details for refund, send 0.1$ with description, check your rights or f off or whatever you feel is necessary.

    Block and sleep well at night.

  • baalaagaa on 10/04/2019 - 11:09
    +5

    Sounds like a blown head gasket, buyer tried head gasket repair liquid, cooked the engine & is trying one on.

    • MechEng on 10/04/2019 - 21:04
      +1

      My exact thought

  • davel on 10/04/2019 - 13:16
    +1

    Nothing they can do but complain in the hope you may compensate them.
    As mentioned private sale does not come with any warranty expect for when there is a manufacturer or similar warranty that is transferred to the buyer.
    Even in the case you didn't disclose the issue thats more of a buyer beware situation.

    Just ignore or say sorry private sale..

    I once had a young lady buy my merc called me two days later wanted to refund it cause build and compliance was different years and i sold it based on contract purchase date… I said buyer beware sorry, she threatened calling her daddy lawyers and i just laughed said please go ahead.

    Long story short the buyer assumes the risk in a private sale theres no statutory warranty

    • Mrgreenz on 10/04/2019 - 17:46

      Did you adverise it correctly?

      • xuqi on 10/04/2019 - 17:56

        Clearly not…

        • Mrgreenz on 10/04/2019 - 18:04

          Not clearly not, because its not clearly apparent wether the buyer got confused between build date and compliance date or the seller sold it with the compliance date listed as the build date.

          • xuqi on 10/04/2019 - 18:31

            @Mrgreenz: It sounds like seller advertised it with the later date to maximize resale value.

            I've sold cars in past that were built late year X (for e.g. 2012), but it was then plated/registered in 2013. I advertised it as a 2012 but know others who have advertised / sold similar vehicles using the registered date.

            As always it's up to the buyer to check, confirm such details.

            https://www.drive.com.au/motor-news/2013-v-2014-beware-last-…

            • Mrgreenz on 10/04/2019 - 22:29

              @xuqi: Yes I agree it does sound like that, although it could just be the case that it was advertised as eg:

              Compliance date : 2013

              Where is is clearly advertised as the compliance date

              The buyer however wrongly assumed this was the build date, which would be their error.

              Advertising compliance date without stating it is a bit morally dodgy IMO, regardless of buyer beware

              • MountFranklin on 12/04/2019 - 05:24

                @Mrgreenz: If you list either compliance year or model year then it's ok.
                Most people write eg SUBARU WRX 2012 MY13 OR SUBARU WRX MY13

                another eg SUBARU WRX 2013 MY12 OR SUBARU WRX 2013

                all above is fair representation of the car being sold. People pick the later year.

        • MechEng on 10/04/2019 - 20:49

          Can you please explain?
          Is in this case misleading advertising?

  • mini2 on 10/04/2019 - 16:51

    Invite the buyer to lodge a complaint with N/V/SA/QCAT and sort it out there. See if they back down.

    • ankor on 11/04/2019 - 21:31

      Lol no.

      Inviting someone to sue you by directing them to the correct court/tribunal is not the right way to go about things.

  • casho on 10/04/2019 - 17:58

    "Just serviced!" superwog1

  • HeWhoKnows on 10/04/2019 - 19:03

    Its a Private sale.
    Its not a new car.
    No warranty was given.
    No false claims or misreprsentations were made as far as OP was aware.
    With cars its always a case of buyer beware.
    Hence the buyer should have relied in his own checks and investigations.
    I'd say - DONT REPLY
    Its not OPs problem!

  • fl360 on 10/04/2019 - 21:50

    Few options.

    1. Just ignore them

    2. tell them the car was fine when they inspect it, that's why they went ahead with the sale, it is an old car and all old cars will eventually fail. Pay up to get someone else to fix it, or learn how to fix it themselves, or dump the car and buy another one.

    3. tell them if they want a flawless car, buy a brand new car from the dealer. However even buying new some conditions is still not covered by warranty.

  • ribze1 on 10/04/2019 - 22:15

    Similar case with me, within 3 months the ABS pump shat itself. Sht happens.

  • gimme on 11/04/2019 - 06:25
    +1

    Yet another overanalyzed and uncomplicated thread. "I'm sorry the purchase is final. Please do not contact me again." End of Story. Noone's going to lawyer up over an old clunker.

    • gimme on 11/04/2019 - 08:12

      overcomplicated (bloody autocorrect)

  • Morphio25 on 11/04/2019 - 08:11
    +1

    OP owes the buyer nothing. They should've got their own full inspection carried out on the vehicle prior to purchase. As it's a private sale there is no warranty and no way the OP can be held liable, even if he knew about any faults.

  • Dr Techno on 11/04/2019 - 10:03
    -3

    Don't want to sound racist but what nationality was the buyer ? I've came across alot of Middle Eastern fellows that tend to have alot of friends/connections in industry & tend to get dodgy reports done etc

    • MechEng on 11/04/2019 - 14:08

      The buyer was as Aussie as a Kangaroo. Young, first car (I was told)

  • TheGreatBab on 11/04/2019 - 10:25

    Any chance you can reveal the make and model of the car Thanks

    • MechEng on 11/04/2019 - 14:12

      What is the relevance to the issue?

      • TheGreatBab on 11/04/2019 - 17:25

        Some one commented that a particular model / make would have that failure at that KM mark. So , just to be mindful on next purchase
        Thanks

    • PinzVidz on 11/04/2019 - 15:48

      Going by the OP's history, a Suzuki Grand Vitara?

  • onlyletters on 11/04/2019 - 11:26

    my advice to you, ignore him and move on.

  • ra3m3 on 11/04/2019 - 12:38

    I like the OPs name "MechEng" and its relevance to the topic.. suspicious but funny

    • MechEng on 11/04/2019 - 14:11
      +1

      Well. MechEng not lawyer…
      This is the reason that I am so pissed about this. I know the car was good. I know the car was regularly serviced in a qualified mechanic (not me).
      And I got to deal with this crap.

  • [Deactivated] on 11/04/2019 - 12:44

    Tell him to get stuffed. No warranty on used cars from private sales. Not one month. Not two months. Zero months. Everybody knows that.

    And the damage could have occurred after sale. The mechanic could be wrong; they're not all brain surgeons, a small number of mechanics are idiots. He could have tampered with it himself. His mechanic could have tampered with it and lied. None of this is your problem. Block his number. Ignore him.

  • kingpin123 on 11/04/2019 - 18:50

    if it happened that day as they drove off then sure they could complain …

    but 2 months later … tell em to get stuffed as Daryl kerigan would say

    lol

    just put their number on block or change your number .. if they show up at your house get someone else to answer the door that you moved out owing rent money

  • chatterbox on 11/04/2019 - 22:08

    I got a lemon for $2000 which had issues and Kmart auto and tyre said even the RWC was dodgy and they would never have issued one. this was only after 6 days after i got the car. called fair work/transport authority. they confirmed nothing can be done as it was a private sale. all i can do was to complain against the mechanic who issued the rwc.
    Nothing buyer can do by Law to make you pay for it or take it back. - Take it Easy

  • Steptoe on 11/04/2019 - 23:06
    +1

    Lifetime Warranty only applies for Friends and Immediate Family 🤦‍♀️

  • Cleremy on 12/04/2019 - 08:52

    Old thread but I have only ever bought used cars from a private seller (looking to buy another at the moment). My understanding is that even if it breaks down on the way home there's nothing you can do about it.

    Unfortunately there are a good percentage of sellers who are aware of the issues their car has but hope you won't pick up on them before buying the car. I never buy used cars from a dealer as I believe they have more of a vested interest in inflating the price and keeping you ignorant of a car's faults (if known).

    I did get burned as a seller one time where a young woman paid a few hundred deposit but then said her Dad bought her a car and she wanted to back out of the sale. To me this was bad news and a huge inconvenience.

    Before the bad news had even sunk in she started sending threatening emails demanding the money back immediately and that she had gone to the police for advice over the matter.

    I was nice enough to let her back out of the sale and return every last cent despite her poor organisation and vindictiveness. In hindsight I wish I had insisted on completing the sale and seeing how the chips fell. I eventually sold it months later for less than the deposit she paid.

  • kewlaz on 12/04/2019 - 12:50

    There is no warranty for private sales. The buyer has no claim against the seller.

    https://www.consumer.vic.gov.au/cars/buying-a-used-car/ways-…

  • Jalif on 18/04/2019 - 12:22

    Private sales are caveat emptor.

    You buy it as is, as long as there isn't proof of deliberate deception, the sale holds.

    Even if there is deliberate deception it requires a court case, and it's a hard win.

    Use your choice of harsh words to get him to go away.

  • kronicmacstigator on 19/04/2019 - 06:57

    Seems like the new owner mixed coolant. Tell them to bugger off. They can go to QCAT if they really want to… they won't get anywhere though

  • [Deactivated] on 19/04/2019 - 20:51

    Keep us posted. :) keen to see what next, if any.

    • MechEng on 16/06/2019 - 11:30

      Hi
      Nothing happened yet.
      I have not heard back from the buyer.
      So I guess they just tried their luck with me.
      Cheers to all and thanks for the answers

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