rayward
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| posted on 5/10/09 at 07:55 PM |
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Advice please !!!
sold my daughters scooter in a private sale (via ebay classified ad) a few weeks ago, a couple of days after i sold it the guy rang me and said the
belt had snapped, as a goodwill gesture i gave him £50 cash back to get the belt sorted.
i get a message of him today, saying he's had problems with the clutch+variator and it had failed MOT becuase of this??
and was i going to resolve this issue or he was going to take it further !!
where do i stand, it was a private sale and i gave him a receipt stating sold as seen??
he rode the bike away from here no problem.
any advice welcome
cheers
Ray
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dinosaurjuice
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| posted on 5/10/09 at 07:58 PM |
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if he or a garage has changed the belt they have probably removed the variator unit. Its possible they damaged it trying to remove it... or installing
it.
the variator, clutch and belt are classed as 'wear' items anyway.
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nick205
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| posted on 5/10/09 at 07:59 PM |
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Jog on matey would be the response I'd use - you've already made a more than generous move by replacing the belt for him.
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dinosaurjuice
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| posted on 5/10/09 at 08:00 PM |
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quote:
Originally posted by rayward
i gave him a receipt stating sold as seen??
no comeback then IMO.
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Mark Allanson
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| posted on 5/10/09 at 08:02 PM |
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Your legal and moral liability stopped the second he drove it away.
He has probably been ragging it around, and as has already been said, the secondary problems are probably as a result of botched repairs.
Probably realised you were a soft touch (£50) and was wondering how much more he can screw you for.
If you can keep you head, whilst all others around you are losing theirs, you are not fully aware of the situation
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tomgregory2000
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| posted on 5/10/09 at 08:02 PM |
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tell him on your bike mate 
He has no comeback, private sale and you said sold as seen, i think the fact you gave him £50 for the belt he is trying to get more money out of you,
if you didnt give him that money i dought he would be asking for more
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Dave Bailey
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| posted on 5/10/09 at 08:03 PM |
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You seem a very genuine person and provided you sold the bike with what you beleived no faults I would tell the guy to do his worst! I don't
think you will find he will take it any further.... As stated sold as seen.....
Dave B
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locoboy
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| posted on 5/10/09 at 08:06 PM |
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Agreed, ITs a hard one morally but its life unfortunately and if i were the buyer and you gave me £50 back i would be more than pleased.
I sold a fuel pump and it packed up after the guy did 15miles on it, there was no noise when i tested it prior to sending it and as i explained to
ebay/paypal fuel pumps have a lifespan and can unexpectedly fail.
They saw my point when i explained it as if i had sold the guy a lightbulb
that also has a lifespan, if it blew after a week then i'm sure he wouldnt come whining back to me!
If he wanted to have 12 months warranty then he should have splashed the cash and bought new, but then again there are so many people out there who
think that second hand should come with 12 months unlimited mileage warranty.
I sell second hand items for a living and i meet tight arsed gits who want everything for nothing every day of the week.
ATB
Locoboy
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owelly
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| posted on 5/10/09 at 08:07 PM |
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Legally, the whole 'sold as seen', 'sold as tested and approved' etc means nothing. As a private seller, you have a
responsibilty under the 'sale of goods act' to ensure the vehicle was 'saleable'. This responsibilty last for three months
from the time of sale. Most folks thinks this only applies to dealers/traders but as you have sold the vehicle, you have become a trader, even though
you have only traded one item!
However, I would argue that you have compensated the guy for the faulty bike. He accepted the goodwill gesture and now he's broken the bike
more. Tell him to feck off.
[Edited on 5/10/09 by owelly]
http://www.ppcmag.co.uk
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BenB
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| posted on 5/10/09 at 08:08 PM |
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Say (in your best Bo Selecta Wacko Jacko styleee)
"Caveat Emptor Mother F@cker!!!!!"
preferably followed by
"can I get a hehe?"
Then put the phone down...
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Theshed
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| posted on 5/10/09 at 08:10 PM |
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In a private sale the expression "buyer beware" still applies. BUT any representation (advert - answer to any question etc) made by you is
likely either to be a term of the agreement or if made before the auction ended an actionable representation. Check your advert for expressions such
as vgc and the like. Absent that you have no further obligations. What you say after sale is (usually) by the by.
I doubt that any sane person would attempt to take this further - however in my experience the courts attract the insane like flies around......
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marcjagman
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| posted on 5/10/09 at 08:13 PM |
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Tell him you will be waiting with anticipatiom for the letter from his legal team.
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plentywahalla
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| posted on 5/10/09 at 08:54 PM |
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Sale of Goods Act
I had a very similar experience with an eBay sale
I sold a forklift truck. The buyer came and tested it before bidding. Three days after getting it home he complained it had developed an oil leak and
wanted me to pay for the hydraulic pump to be re-conditioned.
I had a solicitors letter quoting the sale of goods act and stating that the truck was not of mechantable quality. I replied stating that the act only
applied to goods sold in the course of a business and that this was a private sale.
He backed off and no more was heard about it.
It was a try-on. The truck was thirty years old and the hydraulics were a bit lazy but he knew that. It certainly did not leak as it was kept on a
painted floor in my workshop.
Some people will try to exploit good nature for profit and quote little understood law.
Give a robust response and he should back off too... Good luck
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morcus
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| posted on 5/10/09 at 09:03 PM |
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My dad was sold a car once that was a death trap by some one who claimed it was in decent condition and it was all ok. It Died on the way home but
fortunatly in a way that only imobillised it as almost everything on it was dodgy. When he looked around for info one this (Including CAB) he was told
there was nothing he could do about it as it was a private sale.
Based on that experience, I'd say you were pretty safe.
Also, if you buy a car from a dealer you can waiver right regarding this kind of thing and generally have to do buy vehicles below a certain value.
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zilspeed
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| posted on 5/10/09 at 09:44 PM |
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I once sold an old Punto to a guy and he tried the heavy tactics after driving it 250 miles down the road. I had sold it on ebay starting at 1p and no
reserve. He found the auction and bid in the last couple of minutes without properly reading the description.
I'll be honest and say that it freaked me out completely. To such an extent that I reported it to the police and got an incident number - I had
all of the threatening emails printed out. I then told the bloke the incident number and that the police were a phone call away if he tried any
nonsense and that they were aware of his threats.
Never heard a cheep after that.
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Ninehigh
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| posted on 10/10/09 at 08:45 AM |
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The Sale of Goods act covers you for a "reasonable amount of time". If these parts have lasted about as long as they should then
it's his problem.
Also "sold as seen" means exactly that, if he'd bought it from a brick and mortar auction they'd tell him where to go, even if
it fell apart outside the place!
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