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Bloody hell, hoped I would never have needed to consult the forum on something like this.....
Sold my 57 plate S Max last week, top spec, 77k, FSH, new EGR etc etc. Three days later the fella phones me up and says the heating isn't working. He has spoken to his garage of choice and they suspect water pump or thermostat, taking it in on Tuesday. Now the receipt I gave him said "sold as seen" but I did say if he had a problem with it shortly after buying it I wouldn't just walk away, he seems a reasonable bloke (despite being a triathlete) and I like to think I am too. OK says I, keep me posted and we'll work something out.
So he texts on Tuesday and says diagnosis isn't good, could I speak to the garage and provides the number. I phone them up, speak to the main man who again seems a straight down the line sort of bloke, he says there is oil in the water, next to no coolant in it etc and it looks like it has been run dry and the head gasket might have popped. I checked the coolant when I cleaned it up to sell it and it was right between the lines, it had only been in another garage a few weeks earlier for the EGR and nothing was mentioned, I also never noticed the temp gauge go high. We had the bonnet up when he viewed it a week later but I didn't look and I assume neither did he as the coolant level must have been down by then. I had to ask him if he wanted me to pop the bonnet for a look, he didn't seem too bothered. He collected the car nine days after I had checked the coolant level and three days after viewing, I had been driving it daily in the interim. Not sure if the car has a low coolant level warning or not. I had noticed the car heating seemed to taking longer to warm up but didn't really think anything of it.
Garage ran a compression test today which confirmed no external leaks on the coolant level, upshot is a price for new head gasket, timing belt, water pump, thermostat, over 10 hours labour of £1300. If the head is warped another £1200 on top of that. So it seems that the head gasket was on it's way out when still mine but I wasn't aware and didn't mislead him, for his part he failed to check the car over properly or get a professional to do it for him.
So with all this in mind I spoke to him on the phone this evening, told him a good compromise leaves everyone unhappy and offered to pay 50%. He was thinking more along the lines that I pay £1000 and he pays the £300. We didn't even get onto the scenario of the head being warped but if he had taken me up on the 50% offer I would have applied it to that too. Anyway, he says he will check with the garage tomorrow of the cost of doing the work not strictly related to the head gasket (timing belt, not sure on water pump, stat etc?) and get back to me.
I am flat out at work and could really do without this right now but hey ho, it is what it is as they say. What says the forum, am I being reasonable? Sorry for rambling.
if it were me i'd tell him tough titty... he should be utterly amazed that you've offered to pay a penny towards it... it worked fine when it left your hands and he could have done anything to it in the mean time, he got a test drive and wasn't put under any pressure before buying it(i assume)..
politely tell him to do one
Just give him his cash back, easy, get it fixed and resell it.
That was a mistake, saying that. But you already know that. You've made a rod for your own back I'm afraid.
I'm frankly astonished you'd say that.
Assuming it was a private sale you're being overly reasonable.
Agree with robgc - you've kindly offered him £650 - accept that or nothing.
Now the receipt I gave him said "sold as seen" but I did say if he had a problem with it shortly after buying it I wouldn't just walk away........ told him a good compromise leaves everyone unhappy and offered to pay 50%.
You did what now??
Not sure why you're concerned about some other guys car.
Why write "sold as seen" and then offer to pay for it,if it was the other way round I think he would tell you to go swivel
.
Knew I'd get the extremes on here. I a had loan on the car and have used the funds to pay that back as I'm now getting a company car. I'd need to take out another loan in order to repay him which I really don't want to do.
In terms of telling him to do one it looks like the problem was under way before he bought it and I told him I wouldn't have that attitude if something did go wrong within a short time frame. So I think my 50% offer seems like the middle ground but have to admit to feeling somewhat narked he doesn't see it that way. It's painful for both of us and he told me he sold his Merc 2 days ago for top dollar....
You've made a frankly incredible offer (for many reasons), if he doesn't like it then that's his problem. You are not a dealer, he bought the car fully aware that he doesn't get dealer service i.e. he just needs to suck it up.
I'm not sure but I recommend you research what [u]his[/u] legal rights are because I have a feeling that he does have some reasonable expectation the car he's buying is not a lemon and has a certain amount of time after the sale to gain recompense. As I said, I'm not sure about this. I think you should check out his, and your rights.
Edit:
[url= http://www.which.co.uk/consumer-rights/action/how-to-complain-about-a-second-hand-car-to-a-private-seller ]null
[/url]
So - he drove it away and and without any warning the car had no water in the cooling system and no heater 3 days later - sorry but that sounds more like atone through radiator or split coolant hose to me - and even if the garage had explained that it would be his problem.
Sounds like a scam to me garage mate top tip to get money back of soft private vendor - Block his phone number and call the police if he makes any threats other than small claims court.
Do you have any proof that the car is knackered and in the garage? A 5 year old car with FSH, that you checked shortly before it was sold... Alarm bells would be ringing for me.
legend - Member
You've made a frankly incredible offer (for many reasons), if he doesn't like it then that's his problem. You are not a dealer, he bought the car fully aware that he doesn't get dealer service i.e. he just needs to suck it up.
Exactly. When you buy a car privately you take a bit of a risk, and in turn should pay less than you should from a dealer. When you take a risk it doesn't always pay off, otherwise it wouldn't be a risk! If fairly list the item and tell the buyer what you know it is up to them.
He collected the car nine days after I had checked the coolant level and three days after viewing, I had been driving it daily in the interim. Not sure if the car has a low coolant level warning or not. I had noticed the car heating seemed to taking longer to warm up but didn't really think anything of it.
You drove around in [i]his[/i] car for three days before he picked it up?
OP, I don't suppose you could go 50/50 on a bit of rust removal/spraying I need doing on one my sills.
Be about £100.
Cheers.
8)
You could try and get a cheaper quote if your really bothered about sorting it out,in fact get a couple and see if he's trying to skim some cash off you,and maybe his mate is the mechanic,paranoid or what.....but it happens!
The scam angle had occurred to me but I don't think so, garage details check out and they have emailed me the quote.
I do think I'm being bloody reasonable though and his attitude makes me want to tell him to do one and we'll settle it in small claims court. I have done a bit of googling and whilst a bit of a grey area it looks like the onus is on him to prove the car is not as described or that I deliberately misled him, don't fancy his chances to be honest.
I do think I'm being bloody reasonable though and his attitude makes me want to tell him to do one and we'll settle it in small claims court
Do this. Worse case scenario, you might end up having to pay what you are already offering.
I hope you sort it out,I hate situations like this and usually ends in loss of sleep,not like he can give you bad feedback though is it ?????
He bought it for £8300, was listed at £8750 which was on the high side. He then said on the phone earlier that he had done a valuation using the autotrader tool and it had come about between £7200 and £7700 and that he had paid what he felt was a dealer price because of the spec and condition and because I seemed so honest. Firstly I always find those valuation tools under value what cars actually sell for, secondly bit bloody late for that kind of sob story!
@suburbanreuben - he agreed to buy it on Saturday but didn't leave a deposit. I didn't drive it Sat or Sun, he paid by bank transfer Monday evening, I took it to work and back on Tuesday because the hire car didn't get delivered until then.
dealer price because of the spec and condition
So he inspected and was happy with the condition. Yet another reason why this really isn't your problem.
Post his number and we'll see if we can help 🙂
Blimey,he's 'avin a larf!
Tell him your 50% offer is withdrawn, pronto!
tell him if he wanted a warranty he should have got one from warranty direct or the car from a dealer.
He got top dollar for his mercedes - did he pay top dollar for your ford? Or is he getting the best deal from everybody?
I'm with Jamie,tell him straight then show him the door and tell him not to contact you further only through your solicitor,bet your bottom dollar his solicitor it or will also show him the wood in the hole.
When he came out with that I did have to bite my tongue.
Slightly annoying thing is that I had a Warrantywise warranty on it, cancelled it the day after selling it to avoid paying out another £40 on the first of the month, gah! Still, hindsight is a wonderful thing when you look back on it.....
That is probably the saving he made over buying from a dealer and the chance he takes from buying privately.
Unfortunately you offered and he is chancing it.
From my past experience, oil in coolant was a oil cooler failure - a second hand item as the car was over 200k, not a lot of labour and coolant flush.
One of the reasons people spend thousands on a brand new car is the guarantee you get from the manufactuers warranty and dealer support. Your buyer saved money by buying a second hand car privately sold as seen, so hes not entitled to any comeback. You have already been far too generous imo. Perhaps the buyer needs to be reminded what he is legally entitled to, to give him an idea of how generous your offer already is.
Perhaps the buyer needs to be reminded what he is legally entitled to, to give him an idea of how generous your offer already is.
This. He has absolutely no comeback if the vehicle was sold as seen. If he missed something, it's his problem.
Tell him you have taken legal advice and have been told to offer him nothing. If you subsequently agree to contribute to his costs without prejudice he should be very grateful.
Well as above mistake 1 offering somekind of verbal warranty
mistake 2 offering cash
Rectify both by withdrawing offer and saying good bye, check the receipt sold as seen.
Y'know it's painful for me and it's painful for him. I told him I wouldn't just walk away if it went wrong soon after sale so I won't. Regardless of what he comes back with tomorrow I'll restate my offer of 50% and if he doesn't accept then it'll have to be court. I think the fact I didn't get it sorted out under the warranty I had is proof enough that I wasn't aware there was a problem.
Dave. Your heart is in the right place, but you are not a dealer.
My VW T4 is in need of a new clutch soon.. dont suppose you fancy going halves on it..
I told him I wouldn't just walk away if it went wrong soon after sale so I won't.
You haven't walked away though, you made him an offer and now he's being an arse - his problem.
Don't mention the warranty, that'll probably just complicate your discussion further
Jamie - Member
Dave. Your heart is in the right place, but you are not a dealer
Car Dealers like estate agents don't have hearts, just cold metallic pumps
And don't mention you drove it and noticed the heating was acting up after he had payed for it...
When did you offer tosee himright if anything went wrong? before orafter he agreed to buy it?
Did the garage get the impression you were assisting with the repair cost
Still withdraw the offer if he continues to demand more. 50/50isstillover generous.
Bollocks,myspace barhasgone...
I say well done for being a decent human being. Few and far between these days...
Don't mention the warranty, that'll probably just complicate your discussion further
And don't mention you drove it and noticed the heating was acting up after he had payed for it...
So in summary, just stop talking, Dave 😉
M'kay.
You're definitely going a step too far in my view. I bought an 08 plate car a dealer a few weeks ago ( make and model withheld to avoid tree hugging hatred). There was a fault with a return pump for the heater, I didn't think for a minute to go after the dealer. Instead I used the warranty cover that I purchased seperately and if that didn't cover it I would have forked out myself...... Buyer beware, end of.
if you're keen to make amends and he is taking liberties, begin to reduce your offer until he accepts.
M'kay.
I miss Talkative Dave 🙁
Isn't this why the AA offer vehicle inspections to potential buyers? Buyer beware for sure.
i know you are getting stick here for not telling him to go and do one but I for one salute you sir. you are being more than fair and he shouldnt try and push his luck.
personally I'm not sure what I'd do.
I wouldn't be paying anything at all, and I'd especially avoid agreeing to pay a percentage. What if more problems get discovered?
Dealers charge more money because they've factored in these costs (though they almost always try and wriggle out of them or steer you onto the warranty).
Something doesn't sit right with this whole sorry tale mate.
Firstly there is this garage of [i]his[/i], kindly quoting a stupid price for a new head gasket.
Then there is this farcical, [i]Ooh, I paid you too much[/i] rubbish.
Thirdly, there is you faffing about.
I feel for you, as you want to do the right thing.
It's well & good folk telling you to tough up etc, but it's not their number he's calling & making life difficult.
But, they do have a valid point.
Firstly, I'd call a few garages & ask for a quote.
That sounds a lot of money for a head gasket change, if indeed it needs doing.
Ask a main dealer what the std labour time is for the job.
Me, it would cause me some sleepless nights, but your offer to go halfs is more than generous.
I've not heard of Ford TDCi engines having issues like this, they are tough old lumps. The injectors & DMF's used to be an issue, but not heard about them having head gasket issues.
I have a personal policy of never buying a car for a price I couldn't replace the next day if it lunched itself.
I bought a car on Monday based on it's description on eBay, a phone call and an email to the vendor. A fellow STWer volunteered to give it a quick test drive. On that basis I handed over my cash. The vendor even met me at the airport after a night shift as a doctor having just completed an emergency cesarean section.
As I turned the ignition on he said he'd filled up the tank as he felt guilty the tax disc had expired. We had arranged before my flight that he would renew that online at my expense.
When I completed the V5 all responsibly for the cars ownership and it's liabilities became mine.
If the car blew up at the end of the street, at the end of the day's 500 mile drive home, or next week. The responsibility for it's repair is mine alone.
I bought a Discovery with a brand new MOT whose rear brake pads detached themselves from their backplates on the drive home from the Lakes to Fife. The engine was underpowered too. Both required maintenance, but that responsibility was mine.
I can see why the OP would want to do the right thing, but cars like everything in life are unpredictable, I would suggest that you absolve yourself of any responsibly and of any ongoing liability.
This. He has absolutely no comeback if the vehicle was sold as seen.
...which would be the case if OP hadn't then given the buyer some kind of woolly warranty.
I think at this point I
I would be tempted to draw a line and say I've been as reasonable as I think I should be, you've rejected the offer, good luck with your knackered car.
Second opinion at the very least.
The verbal 'help out' should be a firm contribution NO MORE.
Plus any private buyer knows its without warranty. He'll keep pushing for as much as possible. Where to stop? You mention heating taking longer. Surely its colder weather plus HG is spikes in temp guage/poor running etc?
I smell something. Hence a second opinion before handing over any money at all. If the garage say sorry car in bits then you say Im out.
Grow a pair. Whose to say its not a simple heater issue and a garage is fleecing? No coolant top up in your care means something is fishy.
i just paid 6500 for a vintage bike.. con rod snapped within the first 10 miles.. NO WAY would i expect the vendor to cough up anything other than sympathy..
your a mug and been taken for a ride.. the guy drove home thinking it was a great car and he d got a good deal. END OF..
When I sell my latest car I will sell it with peace of mind as when I hear one squeek on a car I want it solved or it drives me crazy. So if I sold it and within a few days there was suddenly a massive issue I'd be pissed off with the buyer/offer nothing thinking something was fishy.
My engine oil is still clean 4, 000miles after its change 😀
I too like to be liked and have had to learn to not let my dominant 'Please People' driver take over.
This is exactly why I write 'sold as seen' on the receipt when I sell anything that is mechanical, electrical or a mix of both.
Your generosity on this occasion is not all that admirable, given that you must have some self-awareness of your propensity to be overly nice and accommodating to people. Maybe this is here to help you learn to reign in your learnt behaviour?
😆 Oh I miss that car 🙁
In the same situation, I'd have bitten your hand off for the £650. The fact that he isn't smacks of a chancer or a scammer.
Your conscience should be utterly clear, you've offered to go well above and beyond the call of duty.
Contractually, you owe him nowt. If he continues to whine about your massively generous offer, shrug and walk away.
(I'd want a second opinion on the damage at a garage of your choice local to him regardless of whether your offer is £650 or more.)
he had paid what he felt was a dealer price because of [s]the spec and condition[/s] [b]he intended to bum you for several grand[/b] and because I seemed so [s]honest[/s] [b]gullible[/b].
FTFY.
Seriously mate, fair play for wanting to "do the right thing" but this has "scam" written all over it. At the very least, you want to get the car to a second garage [i]of your choosing[/i] before paying out a red cent. You'd be surprised how honest people can look when they're confidence tricksters.
And to be honest, you offering to go halves and him kicking it back to demand you pay the lion's share, I'd be revising my offer to be the square root of **** all. You've already said that they've pre-empted the second sting, " If the head is warped another £1200 on top of that" - I guarantee, [i]guarantee[/i] that if you were idiotic enough to go "oh, alright then" he'd be cap in hand for the other £1200 a week later.
"I'm terribly sorry to hear about the problems you were having with [i]your [/i]car, and saddened that you've declined my generous offer to help with repairs. I wish you all the best, should you feel the need to contact me again please refer all correspondence to my solicitor."
and on what planet is it 1200 quid for a head skim.
Complete head gasket. coolant/burp etc- all in on a Subaru is £1,500.
There are two heads on a Subaru 😯
In my eyes, by agreeing to fund repairs you have admitted liability. The buyer might come back to you for more repairs...Withdraw all offers.
As others have said, the garage costs seem very high, unless it was a main dealer. I had a head skimmed and it was only a few hundred quid.
OP I think you are doing the right thing and I don't think you are behaving like a gullible fool at all. Stick to your principles and don't listen to anyone telling you otherwise. It is possible to turn everything into a potential scam and 99 times out of 100 they are NOT so trust your gut.
Second opinion on the work sounds like a good plan if concerned at all about a scam.
Make it clear the offer is in no way accepting any sort of responsibility and is a one time good will gesture.
Being firm is also a good idea. This is the offer and is purely a good will gesture and is way and beyond any legal requirement.
Try to get it all sorted in as short a time as possible so it doesn't drag you down (due diligence still required, no hasty decisions but spend a bit of time sorting it all out in a short period.)
Make a decision you are happy with and move on.
Good luck.
his garage of choice
Its all very nice offering to help out if anything goes wrong but why would you? No one has a crystal ball and can tell when a car may lunch itself.
He is the man taking a risk. You sold the car in good faith with all faults disclosed and no false representations. I really can't begin to see how you owe him anything.
There are only two things you can guarantee with cars:
1. They will cause you trouble
2. They will cost you money
Everything else like being taken places safely in them is optional.
I think you definitely need a second opinion from another garage. Smells very fishy to me on a 70K mile car with FSH and that's been checked a few days before.
Don't fall for it.
Put something in writing, sooner rather than later, short and to the point.
Dear buyer
On xx/yy/zzzz you purchased the vehicle dd44 xyz in a private sale from me. The vehicle was sold as seen, as stated on the receipt.
You contacted me nn days following the transaction, informing me of a problem that had developed with your vehicle. As a gesture of goodwill I offer to contribute £xxx towards repair. This offer is made without prejudice.
This is my only offer in respect to repair to your vehicle, that was sold in good working order, and as already stated, sold as seen.
If you do not accept this offer and cheque enclosed, all further correspondence should be addressed to my solicitor.
I am sorry you have experienced problems with your vehicle and hope you resolve the matter to your satisfaction.
Regards etc
Send recorded too
he sold his Merc 2 days ago for top dollar
So he should be able to afford the repairs then? Stop being such a walkover and tell him to do one.
I had to ask him if he wanted me to pop the bonnet for a look, he didn't seem too bothered
Really, I wonder why? The chap sounds like a complete tool to be honest. You are admirable offering something to pay towards the repair costs (genuine or not). Why not just limit it to a goodwill gesture of say £500, take it or leave it. That sounds fair enough in my book. Otherwise you'll open yourself up to a world of pain and ever increasing strife from this idiot. A sold as seen sale means it's his problem not yours and the only comeback legally he would have would be for him to prove that you had deliberately lied about the cars condition - which you didn't if you were not aware about the alleged problem.
[i]If the head is warped another £1200 on top of that" - I guarantee, guarantee that if you were idiotic enough to go "oh, alright then" he'd be cap in hand for the other £1200 a week later.[/i]
this is right.
They just need you to start handing cash over and then they'll be back for more with a "Well you've already admitted it's your fault".
Either say that you've received further advice and have chosen to withdraw your offer or go with 49erJerry's approach.
I'd be tempted to go to the garage to see the car, meet the guy hand over a cheque and get a receipt 'in full and final settllement'
Your parting offer of let me know if anything goes wrong was purely verbal and AFAIK means nothing - the important bit is the piece of paper that says sold as seen and is signed by him.
Tell him to stuff it. If he can't be bothered to look at/into the coolant header tank when buying the car then it's his problem.
[OT: Morning Jerry..... how's the arm?]
i would go to the garage and pull the dipstick if theres water in the oil it will be a light coffee color but they may have drained it by now
It's funny how many of these threads appear on piston heads each month.
A car is sold with fully history only to go bang on the way back to the new buyers home etc etc.
[OT Sharkbait, improving all the time. Range of movement improving daily as is strength. Still as weak as a gimmer though. Doing a couple of sets of girlie press ups last night was mildly uncomfortable... Wasn't expecting to have the tedium of the Great British winter though. Dodging flying fish is much more agreeable! Still planning to get back out early March though.
May be popping over to Nipper's for a curry next week. Will let you know and pop in for a brew?]
OP. Your desire to be liked is admirable, but you're stiffing yourself in doing so.
If this is all about being liked, then I will like you for a mere £10.
Examples of compliments you will get are as follows:
I love what you have done with your hair!
Have you lost weight?
I wish I was as awesome as you. Can you teach me?
Etc etc.
These compliments can be delivered via a method of your choice. Email, text, phone, song or via the medium of modern dance.
I am sure you will make the right decision as always*
*That's a freebie.
OP, I am not going to join in with the assignation of your character! I once made a similar offer after selling a car and feeling responsible for the subsequent fault. However, the buyer became increasingly unreasonable, pissed me off and threatened court(which went nowhere and I cut all contact ). Good luck getting it sorted and only do what you think is right.
So he didnt even want to look under the bonnet initially? Warning #1!
His garage of choice? Warning #2!
How do you know the garage guy isn't in on this scam?
Which garage and where? Perhaps a local STW'r could sus out the garage and whether its likely to be genuine or not?
Oh and a private sale means buyer beware and your responsibility to the seller ended the moment the money changed hands.
He's sussed you out as an easy play and your keenness to be nice sealed the deal for him.
He wasn't buying the car, he was buying you.
It could be that the garage doesn't know its onions. Plain and simple.
I took my car with a squeek and a noise to TWO garages, both established over 20yrs etc. Both were clueless. The latter were going to replace the exhaust, the plugs and the coil pack. None of these would have cured the issue. Only a STW'er cured them with after literally looking at the car for 2minutes.
If you do insist on paying (which is a noble and respectable thing to do if there's a genuine fault with the car), I don't think it would be unreasonable to request that the car is looked at by an independent garage of your choosing for a second opinion. It's a lot of money. Not something to give away based on someone's say so.
He wasn't buying the car, he was buying you.
Bingo.
If you want to give away free money then Jerry's letter is perfect. If not, I'd suggest telling him to roll it tightly and grease it lightly.
Money aside, how are you feeling about this? Concerned? Stressed? Upset? All over [i]a complete stranger's car?[/i] Is it worth the hassle? Bollocks to him, he's taking the piss and it's not your problem.
Has anyone suggested he already had a Ford TDCI which had lunched it's head and the garage is just swapping the engines/heads ? If you do go and see it, check the engine number against the chassis/V5.
I'd be telling him to jog on and stopping communication. Any offer you made expired when he demanded more money, and was verbal anyway so can't be proven, you've got a piece of paper saying 'sold as seen'.
One thing to think about is the engine in the car actually your former engine or a knackered one that's been swapped out for the orignal engine?
