Valid Claim?

[Tinkerpuss]

My friend just sold her old car privately and iy was running perfectly. he chap who bought it had a few test drives in it before agreeing to buy it.
Later the same dau this guy got in touch and is claiming the car won't go into reverse gear and demanding his money back. This has never been an issue with the car and he has phoned again today wanting compensation.
Surely when he has has test drives, accepted it and paid, my friend is not responsible.
Can anyone tell me the laws concerning this?

[daffy654]

Unless your friend is a registered car dealer the buyer has no valid claim. It sounds like a scam to me.

[EDDIE51]

The buyer is in the wrong it is a private sale, he tested the car and agreed to buy it , too late now to demand a refund.
Tell your friend to ignore him, he has no right to ask for a refund now, he bought the car after test driving it , it is now his problem not your friends.
If he keeps on about it just tell him that any more contact will be reported to the police as harassment.

[jackthehat]

If he's asking for his money back, he *may* have an argument; although in most cases 'Buyer beware' is the way of dealing with these matters.

If he's asking for compensation, he most certainly hasn't.

[EDDIE51]

Read this the same situation a few days ago, the same applies to your friends car.
http://www.theanswerbank.co.uk/Motoring/Question1210934.html
Jack the hat this was a private sale and the buyer tested the car and bought it , he can NOT demand his money back, he can ask but the seller can tell him to 'eef off'
I would bet that the buyer has seen another car that he likes better and hopes to get his cash back so he can buy the other one.

[jackthehat]

I didn't say he could demand.......I said he *may* have a case if he's asking....there doesn't seem to be much of one, hence my use of *may*.

But Tinkerpuss mentioned 'compensation' and the buyer certainly has no entitlement to that!

I would tell him to do one..........

[EDDIE51]

The buyer may just not be used to the gear box and how to select reverse, I would just tell him ''it was fine when you tested it so it is nothing to do with me.''

[chrissa1]

I agree with everyone. If he's that honest, let him bring it round and show you that it won't go into reverse. I bet he won't. And....I bet it does.

[Canary42]

Tell him you won't go into reverse on the deal.

[society]

I think if your friend tell him to bring it 'round they might be sorta committing them-self to his request of compensation.

[Brinjal]

Agree with you there society. I wouldnt be prepared to get into a discussion about it. He tested it was fine. My daughter recently bought a car. Had it aa tested and all and a coup,e of days later something packed up which she had to have repaired. That's how it is with second hand cars. Here in Zim we buy items voet stoets which means. As it stands. And there is no come back.

[tonywiltshire]

Some may know this as the Voetstoots clause sometimes used in the sale of property. It is, of course, against the law to sell a vehicle for use on the road that is not road worthy, if used for the sale of a motor car the seller has a duty to disclose any faults which are not obvious, concealment of a fault or misleading statements may be considered fraud.
You may be interested in section 75 of the Road Traffic Act 1988.

[tonywiltshire]

As Brinjal speaks of selling cars in Zimbabwe the Voetstoots clause is widely used in that area.

[phleb]

"Tell him you won't go into reverse on the deal" thats so funny, you should def tell him that. Don't give into him. He has no legal rights to his money back. Also did you give him a reciept? i always write a reciept and make them sign before driving off. Sold as seen. No refund.