My daughter had pretty much the same issue last year, with the same car - Viva! He took it for a test drive, paid for it, then ten minutes later said it was making a knocking noise. Long story short, he took her to the Disputes Tribunal, who pretty much laughed him on his way. It was 13 years old and had done a lot of mileage. Not your problem OP, let them take you to the DT
marte,
Jan 28, 11:13pm
Did it bring up a MIL Engine warning light on the dashboard? If it's the same inlet runner flap problem.
sw20,
Jan 28, 11:13pm
Just stop communicating and block them. Not your problem anymore.
marte you sure love writing walls of text, are you related to snoopy?
marte,
Jan 28, 11:47pm
Nah, lol. I read a lot though. I have runner flaps on my cars & it's interesting to get down to the Nitty gritty to figure out car problems. In this case, it's something that annoys me. Unless the sellers sold something they know is completely unsuitable for its use, and mislead the buyer intentionally, and since the buyers had plenty of chance to check the car out, then to me it's the car buyers problem.
It sounds like it happened after the buyer got home, it's nothing the seller could have known about, it even sounds like that when it happens, it sets off a Engine warning light, so they know exactly when it happened ( if it does ).
Meanwhile, at that repair cost, it sounds like there's removal & replacement & computer recoding & I would be surprised if a inlet manifold decarbonizing service is being included. Chuck in a Oil/Oil filter air cleaner filter too. Why not some sparkplugs & a curtosy car as well. New battery anyone? How about a Airconn filter?
shakespeare6,
Jan 29, 8:48am
I don’t even know why you’re entertaining a conversation with. Quit answering the phone and don’t bother with the mechanics report- not your problem get hard and don’t be pushed around.
Don’t know what they are complaining about - a bad rides better than a good walk
pico42,
Jan 29, 9:15am
I s should have been more explicit - they have to be honest, which means not lying. But that doesn’t mean they have to be forthcoming.
kazbanz,
Jan 29, 9:32am
Ok so given your description you cannot be held responsible for a sudden and unforeseen failure that happened post sale. -with the exception perhaps of cambelt failure if it turned out the belt was not replaced. The only thing they could possibly nail you for is failing to supply the vehicle with a less than 28 day old WOF. Ie unless specifically stating the vehicle was sold as is where is then even private sellers are required by law to do a new WOF. (less than 28 days old) I would suggest sending one final text stating that no further communication will be entered into and you are happy to go to DT. Frankly if they wanted consumer protection they should go to a dealer.
sw20,
Jan 29, 10:41am
I wouldn’t even bother with that Kaz. Block and move on.
wingpoint,
Jan 31, 5:06pm
Trying it on. the buyer only 'said it was making a ticking noise' She now says it needs fixing. She never said the car was not going. Methinks perhaps 'buyers remorse' and a free 200km drive. Block time My late model Audi 'ticks' as it cools down!
spead,
Jan 31, 5:19pm
do nothing.
marte,
Jan 31, 5:40pm
I still want to know if the engine light came on. ?.
If it did, then it wasn't on when it was sold, so it happened afterwards, and this item could not be predicted to fail. Even if it's a known weakness ( like it is ) it's something the buyer would have known about & would take into account when buying it.
trogedon,
Jan 31, 7:12pm
The one in Dunedin that went on for months.
kayr,
Feb 1, 3:15pm
Had a text yesterday, Sunday 31st January from the buyer, a week after they bought the car, advising the engine light is now on and she is still wanting us to pay for the repair.
sw20,
Feb 1, 3:16pm
Block and move on.
tygertung,
Feb 1, 7:04pm
You could just ignore the buyer and see what effect it has.
marte,
Feb 1, 7:09pm
Hmm,I know they have no comeback but I would love to know when the engine light came on, and why they kept driving the car after theycsaid something was wrong with it.
I'm still guessing it's the broken shaft on the inlet runner flap thing. That, is nothing anyone could predict to happen, except it's a known factor in buying this model of car, it won't damage it, but will cause odd things. The open road derive was probably the 'last straw' for it, differing revs means it gets used more often. Bugger.
Mine? Audi, has the same setup, the actuator arms broken & its stuck in one position. I can leave it like that, fix it, or delete it.
That one, will flap about a bit, but that's their problem.
laurelanne,
Feb 1, 7:23pm
I take it, if the buyer just went ahead and fixed it, they could have a reasonable run out of this vehicle. Motoring has never been free.
carclan,
Feb 5, 6:26pm
I sold my brother in laws VY Commodore for him, had it AA checked too. Buyer came around and pulled it to pieces test driving three times, visits twice, never paid the deposit or amount he said he would. I thought he was trouble and was correct, had it two weeks and stuck a letter to my door saying I had to pay for the repair ($550.00) odd dollars with all manner of threats and copying in his lawyer. I rang him and had it our as I am more than reasonable and would more likely helped in some way but after the threats I wanted nothing more to do with it. I even gave the last 6 years of service history with the car.
onone,
Feb 10, 7:30pm
Years ago I sold a car to a young buyer who drove it a few hundred km back home. He texted me a couple of days later saying a stone went through the window on the trip and that he wanted me to pay for a replacement. First time I blocked a number on my cellphone.
kayr,
Mar 6, 10:45am
Update to my story. received another email from the buyer on Wednesday 4th March.
Evening,the car we brought of you ,23 January! Is no go,my daughter drive it to work last Tuesday and it stopped going,no compression! My mechanic has said a pieace of the manifold has gone into engine and caused a blockage! We are not happy at all,and also the water leak! It’s going to cost around 1,700 too clean and replace heads, you must of known about this! We have brought a no good car off you two! What can you two do about it! We are taking matters further! Debbie. Along with a quote for $1700 to fix. Quote details. Vehicle has come in running rough and stalling. Diagnose fault found no compression on cylinder 4. Carry out cylinder leak down test - Suspect something is jamming exhaust valve open suspect debris from faulty manifold has gone through motor. (Found part of intake manifold runner on top of cylinder 3 inlet valve also) Will need cylinder head removed to rectify fault - new head gasket and bolts will need to be fitted and have the head skimmed.
I suspect they never got it fixed after the first time they took it to the mechanic and have kept using the car.
I am just ignoring the buyer and wait to be served? I guess? that is what the Disputes Tribunal will do? Serve Me? would that be in person or am I likely to receive something by post? or email?
Having never had any dealings with the Disputes Tribunal can anyone give me an idea how it all works please.
If she lodges a claim where she lives am I likely to have to attend some sort of hearing there? and if I do and she looses can I then counter claim for my time and costs?
intrade,
Mar 6, 10:57am
you need to file a distress warrent is what i was told in disputes tribunal . this will seeze any funds from the accounts to pay you. otherwise they can pay 5 bux and stop paynent and you got to go to court all over for the rest. this is only what i know having lost money once and not professional advise just personal opinion and info. this is what i was told i got no time to read all this law crap and i hope i ill never need to, https://www.legislation.govt.nz/regulation/public/2009/0257/27.0/DLM2300805.html
gazzat22,
Mar 6, 10:58am
Kaz will be along shortly and he will have the true facts.
intrade,
Mar 6, 11:09am
i doubt 1700 will fix this discribed problem. i spent 3500 in parts on my astra with bent valves and sold it to my mate for 2000 euro. its not your problem if you have proof it was sold private as we established before already.
kazbanz,
Sep 5, 6:08pm
As per my previous post. Ok so given your description you cannot be held responsible for a sudden and unforeseen failure that happened post sale. -with the exception perhaps of cambelt failure if it turned out the belt was not replaced. The only thing they could possibly nail you for is failing to supply the vehicle with a less than 28 day old WOF. Ie unless specifically stating the vehicle was sold as is where is then even private sellers are required by law to do a new WOF. (less than 28 days old) I would suggest sending one final text stating that no further communication will be entered into and you are happy to go to DT. Frankly if they wanted consumer protection they should go to a dealer.
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