I recently (3 weeks ago) sold my car privately. It is a ten year old convertible. The new owner has contacted us to say that it is leaking badly. I DID know there was some slight condensation but nothing like she is describing!!!! As I neglected to mention the slight condensation (which had been there for a while) she wants me to pay a percentage of replacing the seals. With labour it could cost around £600.00
I'd like to know what the rights of both the seller, (me) and the p;urchaser are in this case. Also, if I agree to pay in part what happens if say for example in a few months time something else goes wrong, (as far as I know the car is good mechanically but...well it has 95 0000 miles on the clock)
Can't answer on legalities I'm afraid, but if I was buying a ten year old car (actually, I did...) I'd know not to expect to be totally tip top. I ended up spending another £400 on it, but in my view, I knew the risks of buying a used car when I bought it. I wouldn't dream of trying to screw the seller in any way unless they were a dealer and made false representations etc.
Sold 'as is' or 'sold as see' will cover you - assuming you have this in black and white with the buyer's signature on it. Not a lawyer, but i believe the onus is on the buyer on these sorts of sales to make sure the vehicle is suitable. Once they drive off, that's it!
If you're not a dealer then I think it's a case of caveat emptor.
It's an old car, I can't see the case succeeding, plus I'd be loathe to pay that sort of money for such a job on such an old car.
If the problem had related to the roadworthiness of the car you might have had a legal responsibility for remedying it. (It's a criminal offence to sell and unroadworthy vehicle, other than for spares). But the car remains roadworthy so, as others have indicated, the principle of 'caveat emptor' applies. (The only exception would be if you had fraudulently indicated, either directly or indirectly, that the seals were not in need of replacement).
thanks all of you - just don't want this to drag on... after all it's never a good idea to p*** someone off if they know where you live ay?
Your opinions are appreciated and kinda in line with what my hub and I were thinking too but good to have others views too...keep 'em coming.
If you are a private seller and you weren't asked directly about any leaking or condensation (i.e. you didn't lie) then there is nothing to worry about.
A dealer would have more responsibilities, although on a 10 year old convertible with 95,000 miles on the clock you'd have to expect it not to be perfect.