I have just sold my old Golf (1988) via ebay. The girl came and picked it up this evening. It was sold as seen, its just been MOT'd and serviced and it has a fair whack on the clock (158k).
Apparently, I've just had a call from the new owner that the accelerator has fallen off on the way back. I was absolutely shocked - the car, despite its faults, was always quite sturdy and I would never have dreamed that anything like that would happen. If I had known anything like that was going to happen, I would have detailed it.
I would just like to know what my position is. I had no idea that anything like that was wrong with it. All the faults I was aware of I have made known and about two weeks ago it was in another garage when they had a look at the carb.
Though I do feel bad about it, I also feel that it is caveat emptor. I am prepared for a bit of flak from the buyer, but so be it.
I guess stuff happens - you get the feeling it only happens to you?
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I'm not entirely sure what "the accelerator has fallen off" means, although that's pretty much only of academic interest.
However, as far as I am aware, provided that you are not in the motor trade, and provided that you did not know of the fault, or reasonably expect that the fault existed, then you do not have a legal liability.
At least legally, whether or not you have a moral responsibility only you can judge.
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That's what I was worried about - thank you. (And it was the pedal that fell off)
As for the moral responsibility, I will offer something - I feel incredibly bad about it. Whether it is sufficient, I do not know!!!! We are really talking pin money (she only paid 150 quid for it) but I'm sure the gesture is far more important. I will be speaking to the new owner tomorrow and hopefully will reach an amicable agreement
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It was sold as seen....
Although probably not worth the paper it was written on, did you actually get her to sign anything to say she had bought it as seen and tested?
its just been MOT'd....
Only valid for 24 hours after it was tested.
and serviced
If it was anything serious, I would have thought the garage would have picked up on it...but then again!!
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>>Only valid for 24 hours after it was tested.
The MOT certificate is valid for a year.
However the car could develop a fault the moment it left a workshop.
The MOT certificate is only a statement that the car passed a specific set of tests at a particular moment in time. Whether or not it would pass them 5 minutes later is not relevant.
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>>Only valid for 24 hours after it was tested. The MOT certificate is valid for a year. However the car could develop a fault the moment it left a workshop. The MOT certificate is only a statement that the car passed a specific set of tests at a particular moment in time. Whether or not it would pass them 5 minutes later is not relevant.
Yes, that's what I meant Mark. Lets call that one all, shall we? :o)
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Since you only charged £150 for the car you should not feel in the least bit guilty. If I paid this price for a car I would be very supprised if things were not faulty. I would not bother you
if they were. I wonder what sort of car she thought she was going to get for this money ?
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I completely agree with Carl2. £150 is a piffling amount of money for a car and to my mind, it's the kind of money I would pay at the "wreck" end of the market, if there is such a thing. When you consider that for £3900, I recently got a mint condition six year old 5-Series with only two-thirds the mileage of your car, she can't really complain. OK, you may feel bad about selling her a car which has suddenly developed a fault, but for a car of that age I still wouldn't consider offering more than £15-£20 as a gesture of good will. In any case, is it just that the foot plate has come off the lever? It may be a simple job to simply re-attach it. I'm no expert, but surely if the whole thing is done in then there would be loose cable to deal with etc.
Have you actually seen the fault? It's also possible that she may just be spinning you a line to try and screw more money out of you.
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Even if the engine blew up you sold a car at £150. Anything could go wrong, generally its the risk you take at that price.
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Caveat emptor - "let the buyer beware". As a private individual you have no legal responsibility after sale. As someone else pointed out, you my feel morally obliged to come to some arrangement. If she had asked you *before purchase* "is the accelerator pedal faulty", your correct answer would have been "not to my knowledge or belief". It would have then been up to her to examine and satisfy herself as to the true condition. Trivial example, but same applies to brakes, steering etc. If you had lied, having been asked the question, *then* she would have had a case to take you to court.
The above demonstrates the pitfalls of buying privately - you have no legal comeback *unless* you were deliberately misinformed, and can prove so.
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Though I do feel bad about it, I also feel that it is caveat emptor. I am prepared for a bit of flak from the buyer, but so be it. I guess stuff happens - you get the feeling it only happens to you?
£150 for a 1988 golf with full MOT? You didn't sell it you vurtually gave it away!
A decent MOT costs nearly £40 these days.
It was unfortunate that the pedal fell off but that's much less than the risk she takes at that sort of money.
I would not offer anything in the way of compansation. Just say that you regret the incident but were completely unaware of an impending fault. If the car is basically sound I think £150 is a snip even if it does cause her the odd problem. In any case at 158k miles you may expect wear related failures.
She would be well advised to get the problem fixed my a local garage, even by fitting a good 2nd hand pedal and see how it goes. I bet she gets very few problems after that.
I sold a car to my next door neighbour just before it caused problems. I inittially dropped the price for him without being asked and his father in law (a mechanic by trade) gave it the once over. Between us we took every reasonable step to assess its condition before the exchange took place. He never appeared to resent me for the car.
Thats life I'm afraid.
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Glut,
One thing I'd advise is to ensure the licensing authorities know that the vehicle has changed hands.
It is all too common that el-cheapo vehicles don't get properly re-registered.
Next thing, you'll have a pile of NIP's on your front mat ...
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It's a big problem in the UK at the moment, Ian(CT), that as the price of scrap cars has fallen through the floor, many people (not suggesting our friend here though) will pass a car on for a few pounds to someone with no intention of taxing, insuring or registering the vehicle themselves. (Whether the vendor knows this or not.) 6 weeks later when the car grinds to a halt they just leave it where it drops - at the side of the road, in a parking space, or pushed onto the grass verge - and it then biodegrades over a few weeks or so before catching fire and then being removed by the local authorities.
The police will either notice the abandoned car, or be advised of it by local residents, they then attach a "Police Aware" notice to it, and contact the registered owner, who -always- tells the police they sold it a few weeks/months ago and thought the logbook had been filled in correctly. The police say "OK then" and they go away.
Presumably the same get-out clause would apply to NIP's.
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Offer nothing, a full test and tax is worth £300 of anyone's money, i would be wondering whether i had sold it too cheap rather than worry about why the accelerator has dropped off!
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Thanks for everyone's replies!
I've not heard anything so I'm guessing that she has realised it is just one of those things.
The ticketing thing shouldn't be a problem, the log book was mailed first thing yesterday. It happened to my mum years and years ago - an old Allegro that she had (purchased by my dad - probably good grounds for divorce...) was sold and the "new" owner clocked up a fair few parking tickets and it took around a year to sort out.
Thanks again everyone - its put my mind at rest!
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