You have NOTHING to worry about. 1. you are a private seller. 2. He chose not to check out the car first. 3. it is an old car, known to rust. 4. 9 months have passed and now he wants all his money back!
The nerve of this guy is incredible! Where was his due diligence before buying it! Call his bluff and tell him to leave you alone.
phillip.weston,
Nov 19, 2:13pm
I think they are monocoque!
bellky,
Nov 19, 2:14pm
Post #19 and #20 are on their own planet.
mrfxit,
Nov 19, 2:18pm
Post #23 . pass,.>> could be anywhere in the unknown universes ;-)
mrfxit,
Nov 19, 2:19pm
LOL, totally agree.
jason18,
Nov 19, 2:26pm
Any planet is better than the one you came from
jason18,
Nov 19, 2:28pm
Also tell the buyer to take a hike! Who to say it hasnt sat outside near the sea for the last 9 months
countrypete,
Nov 19, 2:36pm
Scan and post as an image.
patiki1,
Nov 19, 2:37pm
I think you should give his money back,but tell him he's rented your car from you for a $1000 a month.
bitsy_boffin,
Nov 19, 2:47pm
The highest it will go is to the Disputes Tribunal - if he cares to pay the fee and bring it there.There is no judge or lawyers, just a mediator, you, and them.
The mediator will listen to his argument, and then they will listen to yours, they will look at the evidence from both. and then they will tell him that his claim is dismissed.
It is water tight, he bought sight unseen, you had a current WoF on it, you were not aware of the claimed problem, you sold it in good faith and described it accurately.He was apparently happy with it for 9 months.
So again, if he continues to bother you, just tell him, "lodge a case in the disputes tribunal and I'll see you there".
tgray,
Nov 19, 2:49pm
Breaking news! Someone found some rust in a 45 year old MG! lol
mrfxit,
Nov 19, 2:49pm
THAT . I like ;-)
mrfxit,
Nov 19, 2:52pm
"some rust in a cross member"WWoooHoooo. Get over it & FIX it. It's 44 years old, it's never going to be in factory condition without A LOT of dollars spend EVEN on a mint unrestored example
nzkiwi69,
Nov 19, 3:38pm
Awesome response people. I will have a go at scanning the email.however I don't see any option to load it.
phillip.weston,
Nov 19, 3:40pm
upload it as an image under my trademe, otherwise upload it to any free image hosting service like Photobucket, Tinypic or Image shack.
nzkiwi69,
Nov 19, 3:43pm
Ok will try standby
a.woodrow,
Nov 19, 3:43pm
If it isn't terribly long you could cut and paste it into the text box you type in to post
nzkiwi69,
Nov 19, 3:50pm
ok i'll give that a go.here it comes.
nzkiwi69,
Nov 19, 3:53pm
4000 characters max will try in 2 stages
nzkiwi69,
Nov 19, 3:53pm
Hi Phil,
Sounds amazing! What a superlative day it must've been. Life's as indeed you say .
Yeah, had trouble with file in the past and so have cut and pasted as follows. Also thanks for the empathy but no worries am similarly sure it will get sorted. Just one of those things I guess, parties dealing with same up 'n down the country every day. Life . :)
You've no doubt been given a run down from your mechanic regarding rust inspected/verified by Carters here in Dunedin (I was present when latter pushed his finger lightly against the 'cross member,' in short order flaking away to expose cavity within the chassis). Your mechanic may or may not have also mentioned the left rear wheel, right front hub and steering box which also failed WoF inspection.
Notwithstanding issues to which I initially referred concerning respective WoF providers, substantive resolution obviously needs to factor in not merely the cost of repairs (Probably around $1500, consistent with what VTNZ inspectors promulgated).
As alluded to in my initial emails to your mechanic and yourself the real cost is in the now compromised value of the car, regardless of standard of any subsequent rebuild and repair. In other words there is actual material cost plus the intangible value; the goodwill, if you like, or valued-based mystique in which provenance and relatively original unmolested such marques and models are inherently imbued.
As you were rightly quick to point out, you certainly wouldn't have bought the car if cognisant of value molesting panel and structural rust, and likewise I obviously wouldn't have also ??
nzkiwi69,
Nov 19, 3:53pm
Part 2
Further along the chain I owe a duty of care to my creditors to maintain security value commensurate with obligations regarding our mutual loan agreement. To this end I'm legally obliged to make good now compromised security by invoking necessary means to re-establish parity in terms of originally declared value.
My remedy lies of course within our contract. I need to establish, giving consideration to the time I've owned the car, and mileage driven, the car didn't reasonably go from one that is in ???good original condition etc??? to one in the current state due to fair ware and tear.
In other words, could I reasonably have expected the car to go from the condition in which it was represented to now unwarrantable re potentially perilous structural (and panel) rust, and wheel, hub and steering dysfunctionality!
Furthermore, given what arguably was the car's true condition, at the time of our trade, even if hypothetically inclined to purchase, would I logically have paid anything like in the region of the sum in question!
And so the next pertinent matter along the proverbial chain is arguably what was the car worth or more to the point what, given the above factors, would be a realistic price at the time of purchase!
Damages can't be based of course on what I would've paid (Although, certainly no more than 5k) or any other subjective individual purchaser. Such an assessment would need to be based on what the average person/collector should reasonably pay, via the assessment of an independent adjudicator based on the opinion of a range of professionals within the classic car industry, in the event parties failed to agree on an equitable settlement.
Should arbitration be required the referee, if establishing a breach, would make an order for damages or for the contract to be set aside with respective return of car and monies.
dr.doolittle,
Nov 19, 3:56pm
Keep it to yourself. It's no-one else's business & you now knowhow to handle the situation. I'm not trying to shitstir. I just think the email was for you, not the public.
Ooops. too late.
a.woodrow,
Nov 19, 3:58pm
What a load of drivel! Tell him it's not your problem he chose to finance his purchase, and invite him to take the matter further if he feels so inclined. He won't get anything
nzkiwi69,
Nov 19, 3:59pm
His latest
Since the public registrations are closed, you must have an invite from a current member to be able to register and post in this thread.
Have an account? Login here.