I am selling a car on Trademe. Yesterday, a dad came and looked at it for his 16y/o son. I was selling the car for $900, as it was just a little Corolla, that did need a new clutch in the next coming months.
The dad looked over the car, under the bonnet, checked for smoke and even took it for a test drive. He said he was happy with the car and would call his son. Son wanted the car, and drove down from Hamilton to collect it for $900.
Auction clearly states, that the car does need a new clutch in the next coming months, and that I am selling As Is Where Is. I get a call from the Father this morning, telling me they didn't even get back to his place (where he was staying in Tauranga), and the clutch went. He is wanting the money back, for the car that they KNEW had a clutch problem, and KNEW that I was selling as is where is.
Is this fair for them to ask for their money back! They knew what they were buying, had taken it for a test drive and it had been a reliable run-about for me. He knew the problems with the car but he made the call to buy it.
howie69,
Sep 24, 10:06pm
No obligation on your part. Car fault was accurately described and they completed the purchase knowing this. The sale was final, and no refund is due.I hope for peace of mind you had them complete a change of ownership before handing the car over.
dr.doolittle,
Sep 24, 10:08pm
I'm no lawyer but I'd say it's his car now. Provided you havent altered your add you've pointed out the cars obvious faults & clearly stated it's "as is where is". People have to get real, it's a $900 car not $9k. Ask them(Politely) why they feel entitled to a refund & ask them to re-read your add before they answer. P.S. Complete your part of the change of ownership precess ASAP.
whqqsh,
Sep 24, 10:09pm
youve stated a mechanical fault in the auction & you have no idea how they drove it after it left your possession, so Id say 'Im sorry the clutch went quicker than expected but it was stated in auction, I dont know how it was treated after it left so the sale stays as is.'
richardmayes,
Sep 24, 10:37pm
Too right! Nothing puts the final nail in an old clutches' coffin quite like a beginner driver.
kazbanz,
Sep 25, 3:44am
even allowing you stated the goods were sold as is where is you did declair a clear fault with the vehicle so there are no grounds for a refund
friendly_prawn,
Sep 25, 3:53am
If you have described events accurately, the buyer is either an idiot, or just trying it on with you.
scoobeey,
Sep 25, 4:42am
BADLUCK daddy:)))
phillip.weston,
Sep 25, 4:58am
stuffed clutch or not that car for $900 was still a good bargain. You simply cannot guarantee a $900 car.
bitsy_boffin,
Sep 25, 5:47am
It was clearly sold, As Is, Where Is and clearly indicated the clutch was on the way out.End of story.
For all you know the son could have gone off doing burnouts.
Tell them it was clearly as-is and that you won't be able to refund them, indicate that they have the right to bring a case to the Disputes Tribunal to which you would be happy to attend.
scoobeey,
Nov 16, 12:47pm
End of the day replace clutch still a cheap car with a NEW clutch:))
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