a friend has recently sold his car on trademe through the classified option. The buyer of the car travelled up to Auckland and "inspected" the car himself. He elected not to take it for a test drive and or get it approved by any mechanic or other such service. He has since driven the car from Auckland to Wellington and is now complaining that their are faults with the car. All questions he asked were answered as easily as possible (considering his limited knowledge). He says he has taken it to a mechanic and the faults are apparent. Is he liable for this! I believe that he is not in the wrong and he should of taken the pre purchase steps before committing to the sale. He is now threatening with a legal battle. Any advice! It would be greatly appreciated.
dalemonster,
Nov 3, 1:32pm
I have recently sold my car on trademe through the classified option. The buyer of the car travelled up to Auckland and "inspected" the car himself. He elected not to take it for a test drive and or get it approved by any mechanic or other such service. He has since driven the car from Auckland to Wellington and is now complaining that their are faults with the car. All questions he asked me were as accurate as I could possibly answer (considering my limited knowledge). He says he has taken it to a mechanic and the faults are apparent. Am I liable for this! I believe that I am not in the wrong and he should of taken the pre purchase steps before committing to the sale. He is now threatening me with a legal battle. Any advice! It would be greatly appreciated.
a.woodrow,
Nov 3, 1:36pm
what are the faults claimed and what was the classified auction number!
attitudedesignz,
Nov 3, 1:36pm
Tell him to go ahead with 'legal battle' and refer him to your lawyer. Bet ya don't hear from him again.
ralphdog1,
Nov 3, 1:36pm
What are the problems and what was the wording on your classified!
dalemonster,
Nov 3, 1:38pm
Same as Rob_mans "one of those buyers" thread. He just got on here before I could. It isn't my car. Just a close friends.
a.woodrow,
Nov 3, 1:40pm
Well your wording in the opening post made it out to be YOUR car.! Was the vehicle misrepresented! If we know the faults and what the advertising said, we would have something to go off.
bellky,
Nov 3, 1:45pm
".He is now threatening me with a legal battle." Let 'em go ahead. Bet you it comes to nothing and if it does come to something you've (your friend I mean) done all you need to have a defence. Forget about it.
dalemonster,
Nov 3, 1:48pm
Not at all, will copy thie information. The faults were; scratches, a clip missing from the armrest in the backseat, and a leaking turbo apparently. Mint Condition Subaru Blitzen Wagon.
This car has been meticulously maintained during my ownership and I'm sad to see it go but I'm moving to Aussie for a career oppurtunity. The full 10,000km service has been carried out with the filters and oils checked , replaced/replenished if neccessary.
Engine/Driveline: The amazing 2 litre Twin Turbo Boxer engine puts out 260hp @ 6000rpm. But in saying this, it's also a great daily driver and practical transport. - Limited Slip Differential (LSD) - Four Wheel Drive; Great Handling and Safety.
Interior: - Heaps of space and ample comfort with the leather seats (mint condition). - Factory Blitzen stereo system. - Electric Windows. - Alarm and Immobiliser with keyless entry.
Exterior: - Mint 'Blitzen Red' paintjob - Big Bore exhaust with good flow and sound. - Darkest legal tints all round - Factory Blitzen gold alloys with low profile tyres. - Spoiler - Roof racks are applicable
That was in the classified but there were many emails and questions that went back and fourth.
dalemonster,
Nov 3, 1:48pm
corrected the wording as it is not my car.
a.woodrow,
Nov 3, 1:51pm
Well advise him that there were no known faults at time of sale, and invite him to take you to the disputes tribunal
dalemonster,
Nov 3, 1:55pm
yeah, I gave that advice to the seller. There are several steps as a buyer that everyone should take, this buyer completely avoided those steps.
cowlover,
Nov 3, 2:34pm
We had a similar situation.Car sold on offer after auction closed.Buyer paid that week.Picked car up 3 months later.Yes thats right 3 months.Had a quick look, lept in and drove away.12mths later get Disputes Tribunal stuff as car had broken down.Went to hearing and he said he wanted to keep car as he liked it, but wanted his money back.He didn't win.If I was your friend I'd just tell the guy to get lost and then ignore him.
heavydee,
Nov 3, 3:05pm
There's no consumer guarantee in a private sale - it's buyer beware and the buyer's own fault for not having the car properly checked out.It's part of the reason why private sales are cheaper than buying from a dealer - there's more risk involved.
3tomany,
Nov 3, 3:16pm
possesion is 9/10 of the law and as he has the car and youre friend has the moneythere is no argument
xpfairmont,
Nov 3, 3:17pm
hahaha. tell him to piss off!
defdude,
Nov 3, 3:18pm
Its the buyers responsibility. As soon as the change of ownership is signed over he has no legal argument.
dalemonster,
Nov 3, 3:41pm
yeah, I thought so. I talked to a friend who is a contractual lawyer and he said many of the same things. Second, third, fourth and fifth opinions always help. Will keep you all posted on the events. Guy seems pretty committed to going to court.
quickstitch,
Nov 3, 5:47pm
your going to aussie, why worry !
arrithedog,
Nov 3, 7:21pm
Reminds me of the time I hitched a ride to Auckland to buy an "Immaculate inside and out" car. Glad I hadn't paid for it. I came home on the bus! Peoples definition of "mint" and "immaculate" do seem to differ. But to me, there is no interpretation, both mean inistinguishable from new. So if a car is described as mint, and it has scratches, then it's misrepresented. Hope the Judge is in a good mood.
fxx99,
Nov 3, 7:28pm
tough titties.
chutza,
Nov 4, 3:15am
your description of the car didn't make any false representations and you have caveat emptor (buyer beware) on your side. you don't know what he did to the car the minute after he drove it away. his case would inevitably fail in a disputes tribunal, so his tactics are intimidation with nothing to back them. as above "mint" "immaculate" are not legal descriptions. andyou pays your monies you takes your chances.
dalemonster,
Nov 4, 12:31pm
As a bystander it is interesting to observe and learn, hopefully common sense prevails, too often in NZ it doesn't seem the case.
lespat,
Nov 4, 3:33pm
And very often Private sellers want dealer prices
didi6,
Nov 4, 4:02pm
WRONG. when it is a fixed price or a buy-now you are covered.Run an auction and you have no come back.OR anything you sell say "as is" covers you.
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