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Buyer tries to reverse transaction

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  • 08-11-2006 8:58pm
    #1
    werewolf
    Closed Accounts Posts: 7 ✭


    Hi to all,

    I sold my car (didn't use for half-year, so it didn't have NCT or tax on it) for 1000e last week. Now the buyer calls me and tries to reverse transaction (i.e. return the car) on the basis that it will be expensive to put car through the NCT, otherwise he will bring the case against me to the court.
    Can there be anything against me, i never claimed the car will pass NCT and was selling it as it was.

    Thanks


Comments

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    #2
    rash
    Registered Users Posts: 305 ✭✭rash


    There's nothing he can do. He should have got a professional to checkout the car before he handed over the cash.


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    #3
    bambam
    Registered Users Posts: 597 ✭✭✭bambam


    caveat emptor


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    #4
    werewolf
    Closed Accounts Posts: 7 ✭werewolf


    tnx for your replies, i was just wondering about the following article

    http://www.irishstatutebook.ie/ZZA16Y1980S13.html
    http://www.odca.ie/cfmdocs/c_query/motor.cfm

    N.B. If the car was sold in an unroadworthy state, without the consumer being informed, there may be a breach of both the Sale of Goods & Supply Services Act, 1980 and the Traffic Road Act and the consumer could report this to Gardai.


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    #5
    gerryo
    Registered Users Posts: 498 ✭✭gerryo


    werewolf wrote:
    N.B. If the car was sold in an unroadworthy state, without the consumer being informed, there may be a breach of both the Sale of Goods & Supply Services Act, 1980 and the Traffic Road Act and the consumer could report this to Gardai.

    It costs the same to put a car through the NCT, roadworthy or not.
    Fun begins if it fails to pass tests..

    Are you involved in the motor trade?

    If not & you are a regular consumer (ie car owner), how could you be expected to know if the car was fully roadworthy or not?
    As long as you replied truthfully to any questions asked about the car's history, you are not expected to give a rundown on every repair job carried out in the past. Maybe there are/were problems you did not know about (previous owners not being up front).

    Aside from obvious things like tyres, exhaust noise, lights, wipers, etc; a significant number of NCT tests involve measuring emissions or wear limits on mechanical couplings. Not something the average Joe can do at home, therefore until it's tested, who knows how much it will cost to put right & get passed by the NCT.

    Buyer must have looked at the car, seen any obvious defects, taken a test drive, did the usual tyre kicking, etc. If more was needed, he should have brough at mechanic to look at it.

    Car was "sold as seen", so what more could be done.

    Sounds like he took it home, then got the "OMG, you know about all the problems those cars have" speil from some well meaning buddy.

    Maybe he saw a better deal elsewhere.

    I think (IMHO) he's got no legal comeback even if it falls apart in the next few weeks.

    Totally different story if it was purchased from the motor trade.


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