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Old 31 December 2008, 01:13 PM
  #1  
a51
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Exclamation Sold Car Need Help!!!

I sold my car yesterday and all was fine. I took the guy for a 30 minute test drive with me driving to show him how te car drove and it was all fine. He brought the car and a hour later I got a call that there was a abnging noise from the rear so he brought it back, I had a look and the exhaust had fallen off its hanger so I told him to take it to a mechanic and get it fixed.

So he went on his was and today in the morning he said that the mechanic said the diff needed replacing When I had the car the diff was fine, No bangs or anything like that. So what do I do now? I feel bad but I sold the car when nothing was wrong with it, I took him for a test drive and he drove the car and nothing was wrong with the diff. I've posted the logbook to the dvla.

WHAT DO I DO NOW?
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Old 31 December 2008, 01:18 PM
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NXG
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Caveat Emptor (I think). Private cars are sold as seen. If he didn't get the car AA or RAC inspected prior to purchase then he's on his own.
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Old 31 December 2008, 01:25 PM
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moff1888
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Just bad luck I suppose. Fair enough feeling bad (ish) but if you sold it in good faith its unfortunate for the buyer.

We sold a car (well PX'd) and within a couple of days the engine decided it didnt want to live anymore and went bang. Dealer rang us to let us know and also said **** happens which was nice of him lol.
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Old 31 December 2008, 01:35 PM
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Just bad luck on buyer's part - not your fault. Hmmm, also seems bit of a concidence that the diff's gone exactly the same time the exhaust hanger failed which may both sound similar at the rear!

I take it the hanger has been fixed & exhuast checked for knocking but the car is still banging after another test-drive?
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Old 31 December 2008, 01:40 PM
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Red Rocket 11166
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If i were you i would get him to bring the car back,call his bluff.

If you know the car is OK,then it's sounds like he is trying to get money out of you.

Red.
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Old 31 December 2008, 01:56 PM
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Gutted for you mate ill buy it cheap cheap. To be fair for any one that hasnt seen the car it was quite a nice thing.
P.s send him round here and ill have a chat with him
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Old 31 December 2008, 02:11 PM
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yup its me... we went for a drive around and it was fine... i bought it and drove down the street, a few yards away and i was at a junction, it went bang, not too loud.... thought its nothing big, i carried on... then later i was at another junction, it went bang louder, and became worse and worse...

called him less than 5 min after gettin the car, and got back there and he had a look underneath and told me its the exhaust which came out of the bracket...and that its banging as the engine vibrates... asked me to keep it revving a bit and it wont happen.. and secure the exhaust at the mechanic tomorrow..

went to the mechanic today and he did the exhaust, which was loose where they join.... then i drove for around 5 min and it started again, the whole car vibrates when it goes bang.... and its really loud.. specially when turning at low speed and reversing...

i think it starts after driving for a few miles.....

Last edited by Underworld; 31 December 2008 at 02:13 PM.
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Old 31 December 2008, 02:23 PM
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If the noise wasn't there when you took a test drive and you were happy with the car then you have no comeback. Unless the seller lied to you when asked about the condition of the car (specifically mechanical problems), or is a trader from home, I can't see you having a claim. There may be a 50/50 goodwill gesture on behalf of the seller if it was after 5 mins though.
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Old 31 December 2008, 02:26 PM
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I dont believe in coincidence (not where cars are involved). Buyer beware legally but too many people try to hide faults with cars these days. Shame really.
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Old 31 December 2008, 02:27 PM
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Originally Posted by scoobynutta555
If the noise wasn't there when you took a test drive and you were happy with the car then you have no comeback.
it came back only after i drove it for 5/6 miles this morning....

and it came yesterday only after i took the car....

and i called him within less than 5 mins of taking the car..

it hapens after u drive for a while..
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Old 31 December 2008, 02:32 PM
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i think even private sales the buyer still has rights upto 28 days ...

my partner brought a 6 month old astra and hated it sold it on after 6 weeks at a loss, but then found out that we could of just took it back to garage within 4 weeks and they would of took it back ...
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Old 31 December 2008, 02:37 PM
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Underworld said come and speak to me as i have a rear diff if you get stuck
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Old 31 December 2008, 02:48 PM
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Originally Posted by phil739
i think even private sales the buyer still has rights upto 28 days ...

my partner brought a 6 month old astra and hated it sold it on after 6 weeks at a loss, but then found out that we could of just took it back to garage within 4 weeks and they would of took it back ...

Thats a different story, as you bought it from a garage!!!!

if the seller took the buyer for a 30 min test drive, and nothing showed up, then there was nothing wrong, if as suggested the noise is now showing up after 5 miles, how come it didn't show up on the test......

if no receipt was written, then i'm afraid it's down to the buyer, the seller has no resposibility to do or pay for anything.... OR take the car back...!!!
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Old 31 December 2008, 02:50 PM
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Originally Posted by Boro
I dont believe in coincidence (not where cars are involved). Buyer beware legally but too many people try to hide faults with cars these days. Shame really.
I agree.

you should pay towards/all the repair A51 imho.
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Old 31 December 2008, 02:55 PM
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Originally Posted by RON
Thats a different story, as you bought it from a garage!!!!

if the seller took the buyer for a 30 min test drive, and nothing showed up, then there was nothing wrong, if as suggested the noise is now showing up after 5 miles, how come it didn't show up on the test......
not 30 min... he picked me up from the station to his home.. couple of miles, and then we went round a private road and i drove for some 300 or so yards...
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Old 31 December 2008, 02:59 PM
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my 96 ra done exact same and when it did was out the blue same as you pulled out the junction and bang then the clunking been told its prob the centre diff drop gears. should`nt be too dear to fix maybe you could go halfs
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Old 31 December 2008, 03:02 PM
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Originally Posted by Underworld
not 30 min... he picked me up from the station to his home.. couple of miles, and then we went round a private road and i drove for some 300 or so yards...
I'm only quoting what the seller said...!!


'I took the guy for a 30 minute test drive with me driving to show him how te car drove and it was all fine'



I personally wouldn't buy a car like a scoob with only a couple of miles test drive.....
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Old 31 December 2008, 03:09 PM
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A 300yd test drive? You should chalk this one up to experience and just go get it fixed yourself.

The diff can go anytime, without warning and who buys a car on the strength of a 300yd test drive?
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Old 31 December 2008, 03:12 PM
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I do have sympathy, as it sounds like from what you're saying, the car had a fault. Like I say though, unless the seller lied to you or is a trader dealing from home, you have zero comeback. I'd rely on some sort of goodwill gesture from the seller to ease any bills.

If the buyer was happy when the deal was done then that's that (and you say you were).
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Old 31 December 2008, 03:13 PM
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simple way to sort it 50/50 seller pays half as a good will gesture
as said above .
surely the buyer had a little go and give it a bit of beans to see how responsive the car was
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Old 31 December 2008, 03:13 PM
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I am in a similar situation as some of you may have seen my thread but I am in France so maybe different laws here.
I would sort it out as soon as possible between the two of you maybe go halves on the cost of parts to put it right so you both take some of the costs.
There may/may not actually be a problem with my old car but as the OP says you feel really bad when you know the car was good when it was sold.
The problem with mine was a slight bubbling in the overflow tank when very hot (after the buyer thrashed it on the test drive) which me and the buyer didn’t think was a problem but I reduced the price a little anyway and he went away happy.
He has since sent me a recorded letter saying in his opinion the head gasket has/is failing and my responsibility to put it right. He has done over 500km in it with no overheating etc
I have since been told by a local garage not to deal with him at all and let the Insurance Company’s fight it out if needs be but they didn’t think he had a leg to stand on as the car was sold as is and he could see the problem before handing money over and I reduced the price. He would also have to get the car professionally inspected and repaired.

I was going to offer to pay some towards the costs but after he has made it official they said I would be daft to pay anything but is has been and still does worry me
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Old 31 December 2008, 03:13 PM
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Originally Posted by NXG
A 300yd test drive? You should chalk this one up to experience and just go get it fixed yourself.

The diff can go anytime, without warning and who buys a car on the strength of a 300yd test drive?
I drove it for around that.. probably more... i was abt 1 min i drove, or less...


he drove most of the time as he wouldnt trust me driving before i buy even tho i was insured

anytime, but 50 yards after i buy it
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Old 31 December 2008, 03:18 PM
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Sorry but it is buyer beware, the purchaser is full responsible for having the car checked out, the RAC, AA and other do it and then offer their own guarentee if something then goes wrong they pay out.

The only recourse would be either a private case in small claims with the basis of he knowingly sold faulty goods or coming to an agreement with the seller but if he doesnt want to entertain that then it would be bad luck and your problem.

I do think that you need ot get a full understanding of the problem before it goes any further as it may be something not as bad? {unless you have already done that}

It could be a £50 fix or a hundreds before the seller can decide he'll need to know the full extent.
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Old 31 December 2008, 03:18 PM
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tricky one this, but there are a few point to consider.

what was the bloke like who bought it, did he seem a chancer with no brains who tried to knock you down and kick the tyres etc....
or was he a genuine enthusiast for cars and have some working knowledge of scoobs??

if you feel bad about it in the heart, than as suggested, make a contribution to the repairs, provided the guy isn't in cohoots with the mechanic and gives you a grossly inflated bill.

do your research, find out how much a 2nd hand or recon diff is and give him half, stating clearly that the payment was made from you as a good will gesture as you really thought the car was 100% ok at the time of sale.

not worth falling out with people for £200 tbh.

hope it all works out for ya
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Old 31 December 2008, 03:20 PM
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5 mins in one reply, 50 yds in another, i'm guessing that the issue showed itself without it being drievn with any gusto, so how come the seller managed to drive it without it showing up...... surely if there was a fault, there was a fault, if it shows up that quickly, hoq could anyone drive around something like that....

Last edited by RON; 31 December 2008 at 03:47 PM.
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Old 31 December 2008, 03:40 PM
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Originally Posted by RON
% mins in one reply, 50 yds in another, i'm guessing that the issue showed itself without it being drievn with any gusto, so how come the seller managed to drive it without it showing up...... surely if there was a fault, there was a fault, if it shows up that quickly, hoq could anyone drive around something like that....

it starts after a few miles driving
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Old 31 December 2008, 03:45 PM
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i take it you took it straight back to the sellers house when it started on the way home because it should of started near enough straight away if it happens after a couple of miles .
i know i would then the seller could of heard it
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Old 31 December 2008, 04:05 PM
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Originally Posted by zs_phil
i take it you took it straight back to the sellers house when it started on the way home because it should of started near enough straight away if it happens after a couple of miles .
i know i would then the seller could of heard it
it started 50 yards away, not that loud and i overlooked it, thinking it might be something on the road / something moving in the boot...

then further up i heard it more, louder and louder.. and then i called him and went back

he heard it aswell when i went back, and told me its the exhaust, which also was out from the rubber...
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Old 31 December 2008, 04:19 PM
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Our scoobs clutch slipped on the way from buying it. One thing i do know is owners know what they can get away with when test driving, without showing up some of the cars faults. Like how to drive it so that the fault isnt obvious or even visable.

I genuinely doubt you were unlucky even to break a diff in the short time you had it, although possible, i find it very very hard to believe that would be the case. Something tells me, the buyer knew the diff was on its way out. Hence the sale and the test drive.

Legally, we all know you have no rights whatsoever and you should probably have test driven it better BUT having been stung by dishonest sellers in the past, i think the seller should go 50/50 on repairs.
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Old 31 December 2008, 04:35 PM
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On the plus side a rear diff from Grade-A wont be expensive (so long as you deal with the right brother!).

Simon
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