Sold a car privately - Buyer now complaining.

I sold a 2007 Holden Viva with 194,000ks with a Wof & 12 mth Rego for $3000 on 23/1 and the buyer who took it for a test drive was happy with it and even messaged me after they drove it over 200km home to advise they arrived safely and their learner driver daughter who they bought the car for loves it.

4 days later, the buyer phones me to complain that there is tick noise in the engine & they had their mechanic look at it and he said something in the engine is broken causing the noise - I have asked for a report from the mechanic (yet to receive). Apparently the noise does not happen when the car is idling only when it is driven.

The buyer is now expecting me to pay to get the issue fixed - cost undisclosed as of yet - as it would be covered by warranty she said.

I know a bit about (dealership) car warranty's as my father (rest his soul) was a General Manager of a car dealer ship in the 80's & 90's and CGA from being in retail and from what I have read online searching about private car selling so advised the buyer there is no such thing as a warranty for private car sales and it is buyer beware. I told her If she wanted a warranty she should have bought a car from a dealer & paid more for the service.

While dealing with the buyer (and her husband) on the day they test drove the car, I gave them a full disclosure and history of all repairs and servicing along with all the receipts and documentation we had for everything done over the 2+ years we had owned the car which was bought for our son & daughter to learn to drive.

I explained that we bought the car privately in Dec 2018 with 189,000km on it and we also bought a 2 year mechanical warranty as piece of mind & a condition of the mechanical warranty was that the first service had to be done within 3 months or 5,000km and the timing belt had to also be replaced as a condition for this first service which was done at 190,000kms in March 2019. All servicing had to be done by a MTA mechanic which it was.

Then the warranty stated the servicing was due yearly thereafter OR every 10,000km for petrol vehicles. As we only used the car around town with the odd trip to Tauranga and Hamilton the km's were only at 194,000 when we decided to sell the car in Dec 2020 as it wasn't getting used since my son brought his own car so we never had any further servicing completed. We did only 5,000km in the car in the 2 yrs 1 month we owned it.

We also disclosed to the buyer an issue that arose mid 2020 when an engine light came on and gave them the invoice for this repair also which was to replace a coil which cost $230.00 which we paid for as the excess on the mechanical warranty was $300.00 - I told the MTA mechanic that we had a mechanical warranty with a $300 excess and to repair it if the cost was less than the excess. We never made a claim on the mechanical warranty & it lapsed in December 2020.

In all we had spent around $1500,00 on the vehicle on the servicing and repairs including replacing the rocker cover gasket as there was a oil leak and brake disc pads amongst other minor regular maintenance & repairs.

During the somewhat heated discussion with the buyer demanding payment for the repairs this evening, the buyer also pulled the "my daughter has cancer" card and then threatened to take me to the disputes tribunal.
(my mum has just undergone cancer surgery 2 days ago - should I have pulled my cancer card too do you think? - just being sarcastic)

Should I stand my ground to see how far the buyer is prepared to go knowing that I have done nothing wrong and I am not legally liable? I know there is the moral obligation but I too was in the same position when I also bought the car 2 yrs ago, only difference is I bought a mechanical warranty in case something did happen as I knew the risks buying privately. I also advised the buyer she too could purchase a mechanical warranty.

What would be the probability be of the buyer having any success with a claim?

LMAO, zero is the answer to that. They bought a high km 13yo cheaply built Daewoo car (which it is) privately for a low price that clearly had no obvious defects when you sold it to them and you have clear evidence the car was well maintained while you owned it and any issues you did have repaired promptly, they're lucky you have been as conscientious about these things as you have been. I gather there was no professional pre purchase check done either? What case they might try to make against you will be thrown out very quickly. Cases like this do highlight the need to supply both yourself and the buyer a signed receipt stating they are accepting it in the condition it's in, including the sale date, kms, WoF status etc.

If the problem started just after it was sold then they have case. Not 4 days later after traveling 200ks, what speed were they driving at ? Stick to your guns,its not your problem.

I'm suspecting the motor has been over revved or something

Tickles me how people these days, particularly those of the younger, more whiny self entitled set, seem to believe buying something privately, often with no due diligence whatsoever on their part, affords them the exact same rights and privileges as when purchasing from a commercial enterprise, should something unforeseen happen. Buying privately, whether it be a car, a boat, a lawnmower or a donkey can be summed up in two words. Caveat Emptor.

Tell them in the politest way possible to have a bit of rumpy numpy and travel. It is their car, their problem.

LoL @ the buyer.

You, as the seller have done way more than you are obligated to.
You have a amazing amount of paperwork regarding servicing.
You have proof that they were happy with the car enough to pay you $3000 for it. After a actual test drive & paperwork proof of servicing & full disclosure.

You have proof that even after a long, 200kms plus drive, they are happy with the car & it has presented no problems.

They have now come to you with a 'development' that they can't describe, are vague about describing, don't know what it is at all, haven't even got a proper licensed mechanic to look at it & contact you directly, even after you insisted.

My car makes a 'Ticking noise' once it's warm too.
It's a solenoid on the fuel tank fume recovery system that lets fuel tank fumes out of a carbon canister into the inlet manifold during heavy acceleration.
It's supposed to 'Tick'.
In fact, when I bought the same sort of car, and it didn't tick, I got worried.
So I replaced that solenoid with another one & it 'Ticked' & ran better afterwards.

My Nissan 'Ticked' as well.
It was a pressure relay on its fuel pump. Once it stopped 'Ticking', it stopped running.
It's probably supposed to tick & it's a car they are unfamiliar with.

They have no claim anyway.

^^ This x 10^^

Who knows, the ‘tick’ could be as simple as an exhaust manifold leak.

It's unfortunate for the buyer. BUT private sale = ZERO warranty. They have NO claim against you.

As above. Buy privately, NO comeback. Some people have a damn cheek! As a seller you have done more than required. Tell the buyers to F. off.

As a private seller you have no legal responcabilty. Even if a dealer had sold the car it would be questionable because the car has not failed, a $3000 old car at almost 200000km and some wear and tear is to be expected. Even a dealer could not be made to pay staright away like that. They would have to be given an opertunity to inspect the car them selves. If the buyer was being nice about it and I was in you situation I might offer them $100 or $200 as a nice gesture but if they are playing nasty I would tell them to go away and never call back.

As a private seller you have a legal responsibility to be honest about your knowledge of the car. This does not extend to things you are not aware of, which seems to be the case here.

I disagree with you saying you have a moral obligation here, you don’t even have that. If they contact you again, I would simply say you are happy to have the matter resolved in the Disputes Tribunal and invite them to put a claim in. Very very unlikely that they would succeed.

1: There is NO 'moral obligation'. You more than fulfilled your 'obligations' as a seller already with the detailed info you gave them. It's a private sale - ergo there is NO legal obligation either unless you have deliberately concealed some issue - which it looks like you have not done. Indeed I'd say you've been very forthcoming about the car.

2: Tell her to take you to the DT if she wants payment. Tell her to look up the law, (yes it's on the internet). Tell her to go away.

3: Email her this link.

https://communitylaw.org.nz/community-law-manual/chapter-25-consumer-protection/buying-a-motor-vehicle/buying-a-motor-vehicle-privately/#:~:text=If%20you%20buy%20a%20motor,or%20about%20the%20vehicle's%20quality.

Buyer wasting your time, send them on their bike.
Caveat emptor.

LOLZ - I'm a car dealer and this is why we charge more for used cars, because we have to fix this stuff when it comes back under the CGA - but in a private sale this does not apply, it's very much Buyer Beware - Caveat Emptor
They have no comeback on you at all, in fact most used car sales dont' come with the history that you have supplied, I'd be stoked to buy a car from you!

Anyone remember the MGB saga from a few years ago?

Joke of the day!
a few years ago I sold a car through trade me at ZERO reserve. I was expecting to maybe get $5-600. Two bidders got in a bidding race and it went for about $1500. Neither bidder inspected the car even though there were many photos and a reasonable description and my service history. The car was picked up by a carrier and delivered to the buyer.
Guess what? 2 days later abusive and threatening phone calls claiming the car was a POS and the battery was stuffed. Surprise surprise .
Caveat emptor.

Your responsibility when it came to selling the car was to be open and honest and disclose anything material with respect to the vehicle that you know, and from your post if you told the buyer everything you said in your post, then you have been very open and disclosed stuff.
This "4 day warranty" that the buyer thinks there should be. would they expect to extend to say 40 days or 40 weeks. how long do they think it should extend for ?
Before you go any further at least find out what the "ticking noise" is.
This "their mechanic" is he / she totally indepenant from the buyer, or is it their mate who happens to know how to spell the word "engine" and therefore is an expert !
Just tell them, politely that there is no warranty, actual or implied, associated with this sale and if they want to take it further, the DT is the path to take. BUT do not enter into a written or verbal "slanging match". state the facts and leave it that. You do not do your cause any good by being anything but polite, business like. let them do all the running.

Yes, now that was a saga and a half

Brother inlaw sold a car privately ten years back to a young fella who takes it home to show his dad. Dad picked it to bits and it ended up in the small claims court. Brother inlaw too his dismay lost. In this case everything appears to be on the sellers side. But it can happen.

Another thing: record any ‘conversations’ you may have regarding the car you sold and claims from the current owner -‘ just in case’

I am still shocked you got $3,000 for it well done.
Sorry but buyer beware is all i can say. They should have got it checked and maybe bought a warranty. I took a risk on an older bike once and it failed the first weekend i owned it. I simply sucked it up as a bad experience but did not bother the previous owner as it was a risk i took.

Buyer beware. Buyer was not 'aware' of the reputation of these cars obviously.

Warranty expires when it drives off your property.

OP what EXACTLY did your advertisement say?
What exactly does it say on the receipt you gave the buyer?
There are certain key words that might mean there is responsibility your way. Ie the buyer could lay a claim against you.
Cutting to the chase. Spoken words mean nothing. it is what is in black and white that counts.