Page 1 of Anyone a solicitor here? Bit of legal advice needed...

I know I should ask an actual solicitor but thats who I`ll see on Monday but just wanted to get an idea for now.

This is the story. I listed a car for sale on eBay, the buyer was interested and we agreed on a price and he came up to look over it. Prior to coming he asked if he could test drive, I said thats fine as long as you are covered. He asked me the usual and told him everything is fine (as it was), I drove it for a few days straight on purpose to make sure everything is working because I don`t drive the car much.

He came over with his mechanic, checked over the car, exchanged money and V5 documents with all info filled out. He drove it away. About 40 mins later I get a call saying it broke down and by chance an RAC guy at the petrol station looked it over and said the head gasket is gone/cracked, it is major.

The car was sold as seen and if it did have any faults I wouldn`t have put it up for sale because it would have come back to me. So before he came back I called the police for some information. According to them as long as it was stated sold as seen and V5 were signed it`s a legal matter and to be dealt with my solicitor. The car wasn`t through a Buy It Now, I just took the listing off but all the information he got was from the listing and all messages are through eBay (which I`ve saved).

He came back for his money but as bad as I felt it was sold to him and the damage happened in his hands. I kept refusing the car and we worked out a deal that I would "buy it back" from him for £450 less of what he paid because if the block is cracked along with the head gasket its a major job which will cost hundreds - this info was from a phone call to our mechanic. To be fair I said if it ends up costing less than £450 I`ll reimburse the rest of the money and if its more I`ll cover the rest. I bought it back out of good faith even though it was sold as seen legally. The car problem wasn`t there when I was driving it and I truly felt sorry but in the end it was now his car.

It`s just a shame it happened when it did, if it had happened during the test drive (which he didn`t do) then I would have obviously told him I need it repairing, its all on me and no longer for sale. Or if it happened 2 weeks later I`m sure he would have come back for the money.

His older brother called me about 4 hours later and threatened me saying hes going to text me his bank details and the money should be in his account by Monday, if not he knows where I live, etc.
Then I explained what happened and obviously his brother didn`t tell him the whole story and he apologized and that was it....?

Then 3 hours after that his mother called and said her brother is a solicitor and it`s a civil matter and I`ll be done for fraud...
So, what do you all think? I felt bad enough keeping the money (even though he offered me to keep £300) and I`m sure I would be in the same situation if I had done it. But I honestly didn`t know about this problem, the car was fine when I drove it and it was sold as seen and all V5 papers were signed (which I have - both papers actually, since he left his part in the car).

I`m trying to be fair for both myself and him but I feel as though the damage didn`t happen in my hands, it could have happened whenever.
What should I do other than see my solicitor Monday or return the money and be hundreds of pounds out of pocket?

I`m no solicitor, but if you advertised the car `sold as seen` then that`s that. As the car broke down 40 miles away, that`s way past the test drive range and the car definately broke down while in his ownership. We have a local car auctioneers near here that gives you the chance to drive warranted cars for 10 minutes to detect any faults. If it`s sold as seen you pay the money and drive the car.

You can`t be done for fraud unless you vehemently insisted that the car was in A1 condition, the very fact you`re posting here on a public website proves your convictions.

Just spoken with a legally minded friend and he`s of the opinion you`re being scammed yourself. Check on the law society`s website to see if this brother is in fact a solicitor. Also, this other brother giving out subtle threats reinforces my friend`s theory



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Curse this infernal alcohol...


Writer`s Release
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Yep, as above - sold as seen so thats it.

If he had found a bag with £500 in the boot do you think he would have brought it back to you?





why take life so seriously..its not like you are going to make it out alive

Sold as seen , Caveat emptor and other suitable phrases.


Quote:
Latin for `let the buyer beware`. This implies a buyer must ensure that goods about to be purchased are free from defects and that he/she bears the risk.


Cash changed hands which implies/proves the buyer was happy enough to complete the deal, documents exchanged, damage occured after transaction so IMHO you have absolutely phuq all responsibility for any damage done after transaction was completed as the vehicle was sold "As Seen".

The phrase "Phuqen Chancer" springs to mind.

You have fulfilled your contractual obligation by ?? offering the vehicle for sale as seen and the buyer has accepted the vehicle "As seen".

Choagy FFCUK The SPL Maybe not too much help as at present I am almost scheittefaced after many pints of Stella so pay scant attention to my comments :D :D :D

Why direct me here if your just gonna reply yourself Stanz! ;)

As said legally minded friend (6-7 months as a legal recruitment consultant) I`d agree that the matter is a civil one, but not sure how they would say it constitutes fraud as the according to the police you followed the right legal procedure for selling the car.

If you have the brothers name check his name on the law society website, otherwise speak to your solicitor on Monday and keep a baseball bat by the door coz they sound like a bunch of scumbag scam artists to me.

Nath

His car, his problem. Get the v5 slip posted asap, so it`s officially his. I reckon it sounds dodgy as hell on his part.

If the head gasket was broken when he viewed it, his mechanic should have spotted it surely? If it happened after he drove the car away and had paid for it then it is unfortunate for him, but he owned the car when the fault occured. Whether it was 5 minutes, 5 weeks or 5 years after buying the car, it isnt your problem to resolve. Imho.

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Why direct me here if your just gonna reply yourself Stanz!

Cos you never call, you never write...

Nathan, the guys. The guys, Nathan...

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Curse this infernal alcohol...


Writer`s Release
My Collection

Methinks if you trade, you may be liable. If you don`t, he should take it up with his mechanic.

Plus, who`s to say there is anything wrong with the car? Other than minor stuff.

Maybe he gets the car and you`re being threatened with menaces. Maybe you should ask a policeman.

Now, who do we know....

This item was edited on Sunday, 18th May 2008, 12:06

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Now, who do we know.... :$

a purely `Civil` matter... i would give him nothing... he bought the car `As seen`, thats his problem if he didnt see something was wrong or it went wrong later!

With regards to menaces... i would keep a note of them, record phonecalls... if they persist it would constitute `harassment`... a course of conduct someone knows, or ought to know, that would cause another to suffer harassment, alarm or distress.



`i am going to live forever or die trying`