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Sold a car privately, buyer want refund

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  • 17-06-2015 8:44am
    #1
    confused1991
    Registered Users Posts: 14 ✭


    Last week I sold a 98 car with 10 months nct on it. The buyer checked the car over and over, took it on a test drive the whole lot. When I sold it it was 100% mechanically correct.
    I have woken up to messages from the buyer less than a week latet that the car has broken down and demanding i refund the money and take back the car but also threatening court and claiming they took my picture and will put it all over the internet.
    When selling the car I was genuinely 100% honest about it.
    I can't get my head around this. I know all about buyer beware but what can I do if the threat is followed through with?


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    #2
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    In short, you don't owe the person anything so long as you sold the car in good faith and did not mislead the sale by trying to hide defects in the car.

    If they decide to put your photo around the place and say you sold the car to them not in good faith then you might have a case for defamation if they are lying.


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    #3
    Captain Chaos
    Registered Users Posts: 11,174 ✭✭✭✭Captain Chaos


    Threatening you with what. He has nothing on you as you are not in the wrong at all. Any legal team will laugh at him straght away and the case would never go anywhere.

    Don't reply and let him make a foll of himself.


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    #4
    delahuntv
    Closed Accounts Posts: 1,532 ✭✭✭delahuntv


    Someone buying a second hand car privately hads no rights. The fact that they took it for a test drive and looked over it, ahs NCT and as you are saying, you did not know of any issue, means they would have no chance of taking it to court.

    In fact, they are running risk of criminal prosecution by threatening to publish your picture on the internet and you can tell them that you will be making a complaint to gardai for making such a blackmail threat.


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    #5
    enricoh
    Registered Users Posts: 4,933 ✭✭✭enricoh


    He's complaining that a 17 year old car is giving trouble- who could,a guessed eh! Tell him to buy new in future for peace of mind! Actually tell him nothing, he checked n checked , ignore him.


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    #6
    Melendez
    Closed Accounts Posts: 1,645 ✭✭✭Melendez


    This post has been deleted.


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    #7
    Kalman
    Banned (with Prison Access) Posts: 233 ✭✭Kalman


    confused1991 wrote: »
    Last week I sold a 98 car with 10 months nct on it. The buyer checked the car over and over, took it on a test drive the whole lot. When I sold it it was 100% mechanically correct.
    I have woken up to messages from the buyer less than a week latet that the car has broken down and demanding i refund the money and take back the car but also threatening court and claiming they took my picture and will put it all over the internet.
    When selling the car I was genuinely 100% honest about it.
    I can't get my head around this. I know all about buyer beware but what can I do if the threat is followed through with?

    Sold in good faith, they have no redress. However, if you are a dealer, then they may have.
    If you are threatened, then report it to the police.


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    #8
    keysersoze0330
    Registered Users Posts: 2,051 ✭✭✭keysersoze0330


    I've seen situations like this before and dragged out months, texting, ringing, back and forth. End it quick. Take a run into your local station, tell a guard, have it on record.

    Ring or text your man with the number of the station and the guards name. Tell him to deal with him, and that you will not be answering calls or returning texts re the car. That should be it hopefully.


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    #9
    confused1991
    Registered Users Posts: 14 ✭confused1991


    Thanks for the quick response. It's just as I thought. I am not a dealer just used the car as a little run around. The car had a full service and the timing belt and water pump done. New tyres the whole lot. I sold it as I didn't have any use for it anymore.
    I don't want to be losing sleep over this as I know that the car was in perfect working order.
    I will happily go to the gardai about it because I have nothing to hide.
    Thanks again to all


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    #10
    bucketybuck
    Registered Users Posts: 18,488 ✭✭✭✭bucketybuck


    Don't play the game or engage with the other person at all. Ignore all texts, do not respond and do not explain yourself to them. They have absolutely no comeback or hold on you, there is nothing they can do from a legal sense.

    Their only hope is that you do not realise this and give them something you don't have to. Do not let them pressure you.


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    #11
    spinga
    Registered Users Posts: 33 ✭spinga


    I had this problem some years back with a van, the guy came to house and made a big fuss...
    I rang the Gardai and just blocked his number .....never heard a peep again.
    I would ring them though and insist they contact him over the threats , although the transaction is a civil matter the threats to publish your pictures are clearly blackmail...which is as we know not legal....


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    #12
    No Voter And Proud
    Closed Accounts Posts: 282 ✭✭No Voter And Proud


    Just tell him that its a private sale and that's the last you'l be saying to him. Advise that any further contact will be regarding as threatening and will be reported.
    Then block his number.


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    #13
    djsim101
    Registered Users Posts: 588 ✭✭✭djsim101


    Hey OP, this happened to me a few years back, very similar to you. Car had NCT, they took it for a test drive and all was good. A few days later, got texts \ phone calls and got a sob story saying the engine "almost" fell out and his girlfriend nearly died etc. I felt sorry for him (stupid act) and give me 100 quid towards the repair. Stupid act on my behalf, I always try to see the good in people.


    A few weeks later he had the cheek to come back asking for more money, told him to take a walk, he threatened me and I went to the guards, told him I spoke the guards, gave him the guards name and never heard back from him.


    They are some people out there that will operate this scam, buy a cheap car and come back looking for their money back \ money off. Don't fall for it. Just ignore as already said above. Good luck.


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    #14
    lickme
    Closed Accounts Posts: 108 ✭✭lickme


    Divert any calls from him to a Chinese takeaway. Send him a picture of all the cash with a smiley face and block future texts.

    On a more serious note this happened to one or two friends of mine. They usually back off after a day or two when you tell them I'll see you in court so.


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    #15
    death1234567
    Registered Users Posts: 3,333 ✭✭✭death1234567


    bucketybuck wrote: »
    Don't play the game or engage with the other person at all. Ignore all texts, do not respond and do not explain yourself to them. They have absolutely no comeback or hold on you, there is nothing they can do from a legal sense.

    Their only hope is that you do not realise this and give them something you don't have to. Do not let them pressure you.
    +1. I never understand why in this situation people feel the need to engage. Just ignore them and if they start harassing you contact the guards or get their number blocked or both.

    "Caveat Emptor".

    P.S. as for the threat that he has your picture, that's BS. And even if he does have it how exactly is he going to put it "all over" the internet? Meaningless threat.


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    #16
    Wanderer78
    Registered Users Posts: 29,559 ✭✭✭✭Wanderer78


    some really good advice there op. ignore and block number. no harm in informing gardai of threats. best of luck with it


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    #17
    ComfortKid
    Banned (with Prison Access) Posts: 2,169 ✭✭✭ComfortKid


    I highly doubt someone would take a picture of you on the sly while buying a car they thought was in good order. Text back once and tell him to go to his solicitor if he wants.


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    #18
    FishOnABike
    Registered Users Posts: 4,488 ✭✭✭FishOnABike


    You sold a car which had been recently certified as being roadworthy, which had been maintained and which the buyer had the opportunity of inspecting and test driving before buying.

    The buyer is trying it on, they have no comeback or valid grounds for complaint.

    If they continue to contact you that could be considered harassment or intimidation which could be a criminal matter. If the buyer continues to contact you make a formal complaint to the gardaí.

    Making any unfounded adverse comment about you is defamatory which would be a civil matter but for something like this it's hardly worthwhile pursuing.


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    #19
    teacher30
    Closed Accounts Posts: 122 ✭✭teacher30


    confused1991 wrote: »
    Last week I sold a 98 car with 10 months nct on it. The buyer checked the car over and over, took it on a test drive the whole lot. When I sold it it was 100% mechanically correct.
    I have woken up to messages from the buyer less than a week latet that the car has broken down and demanding i refund the money and take back the car but also threatening court and claiming they took my picture and will put it all over the internet.
    When selling the car I was genuinely 100% honest about it.
    I can't get my head around this. I know all about buyer beware but what can I do if the threat is followed through with?
    I teach Business. You don't owe them anything. It's a 98 car .... naturally things are going to happen to a car of that age. And why we're they taking a sly pic of you? They're playing a game. If they post your photo, you can sue for defamation of character. Save all messages but don't reply.


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    #20
    Enigma IE
    Registered Users Posts: 1,158 ✭✭✭Enigma IE


    As others have already stated, the buyer has no recourse, it was sold privately and in good faith. Given the age of the car, it was hardly worthwhile/cost effective for him to have a mechanic inspect the car, but that really is his problem he didn't.

    If you continues to hassle you, report him to the Garda.


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    #21
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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    #22
    RecordStraight
    Closed Accounts Posts: 3,292 ✭✭✭RecordStraight


    Fred Swanson wrote: »
    This post has been deleted.
    I think you are thinking of cocaine.


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    #23
    allthedoyles
    Registered Users Posts: 6,893 ✭✭✭allthedoyles


    Never saw so many posters before , on the one thread happily advising a seller that the buyer can go stuff himself .

    It must be the most lucrative business where there is little protection for a buyer .

    Little wonder there are so many vehicles been sold at the side of the road and in car-parks these days .


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    #24
    the_syco
    Registered Users Posts: 37,302 ✭✭✭✭the_syco


    allthedoyles wrote: »
    It must be the most lucrative business where there is little protection for a buyer
    Spend the extra thousand to buy from a dealer with a limited warranty. Change of mind isn't included.
    confused1991 wrote: »
    also threatening court and claiming they took my picture and will put it all over the internet.
    Keep the text. As for a your picture popping up around the internet under suspicious circumstances, as the saying goes; "give someone enough rope and they'll hang themselves" - let him do as he pleases, but keep in mind he has already shot himself in the foot.


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    #25
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    When you buy from an private seller you are not a consumer so there's very little protection for the buyer in any private sale no matter what the item is. The buyer can claim a breach of contract even in a private sale but the only way to force a remedy is take a civil suit against the seller through the district court (not the Small Claims Court). That could get expensive if you involve solicitors, expert witnesses, etc.


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    #26
    Mech1
    Registered Users Posts: 5,112 ✭✭✭Mech1


    dont block the number, just dont reply, and save all texts as evidence, let him hang himself. also start a paper record of dates, times, and content of any attempted communication from him.


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    #27
    bucketybuck
    Registered Users Posts: 18,488 ✭✭✭✭bucketybuck


    allthedoyles wrote: »
    Never saw so many posters before , on the one thread happily advising a seller that the buyer can go stuff himself .

    It must be the most lucrative business where there is little protection for a buyer .

    Little wonder there are so many vehicles been sold at the side of the road and in car-parks these days .

    It isn't a business. The OP isn't a business. The OP is not a car dealer.

    Can you understand the implications of that?


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    #28
    Enigma IE
    Registered Users Posts: 1,158 ✭✭✭Enigma IE


    Fred Swanson wrote: »
    This is why you use disposable phone numbers to sell cars.

    As soon as the car is sold, the SIM is in the fire.

    This would negate the "good faith" part IMO.


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    #29
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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    #30
    allthedoyles
    Registered Users Posts: 6,893 ✭✭✭allthedoyles


    bucketybuck wrote: »
    It isn't a business. The OP isn't a business. The OP is not a car dealer.

    Can you understand the implications of that?

    Of course I understand the OP is a private seller selling a car - I was referring to the business of private sellers selling cars in car parks / on the side of the road , and on done deal etc .


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    #31
    Enigma IE
    Registered Users Posts: 1,158 ✭✭✭Enigma IE


    Fred Swanson wrote: »
    This post has been deleted.

    I've bought & sold few cars privately over the years, spent as much as 10k on one. Each and every time, it's bought/sold as seen, no come backs or aftercare. Absolutely it's buyer beware, how much due diligence the buyer decides to undertake is up to them.

    In this case, the car is 17+ years old, so the money involved is obviously small.

    All that said, if someone sold me a dud and used a burner phone/SIM, then my automatic assumption would be that I was deliberately duped.

    Depending on the amount of money involved, then someone may be more likely to pursue it by whatever means.

    Just my 2c.


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