Sold car, buyer not happy

[pits]

Sold my car to someone, the day or so before it was due to go it developed a problem, I informed the buyer of the problem and arranged a replacement part to be sent out, the part that was broken caused the car to be undriveable when you floored it, as it overboosted on the turbos and cut out, so as above I replaced the part I believed to be broken to cause the overboosting.


Guy has emailed saying this isn't the problem and now he thinks that the rear turbo has gone, however the guy has been driving the car and trying to floor it and it is doing like 24psi which is just over 3 times stock pressure and 10 over fuel cut, the car can't take that pressure stock, and trying to do it when the temperature gauge still isn't in the middle so the oil is nowhere near warm, I never used to accelerate that hard for at least 16 miles when I knew the oil was warm

Now I have already gone out of my way to try and sort the problem, even supplied a spare exhaust system and I can't afford to put any money into it, especially now it has been driven and potentially damaged, so is it just a case of a nice email basically saying foxtrot oscar as the guy is from the Netherlands, not worried to much as Caveat Emptor should still apply?

[warped one]

Did you get a receipt saying:

Sold as seen.

???

If not you have opened yourself up to them. But buy supplying the part you thought was wrong and informing them of the fault and your attempt to sort the problem, which as I presume the buyer accepted. You have closed all doors of return.

You could just say bugger off and return the car, but that's up to you.
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amnesia - Never in the history of usernames has one been more accurate. Warped indeed. You sir are a fecking oddball.

[MinhDinh]

I had an issue whenI sold my RS125. The exhaust was badly rusted which I didn't know and 3 days later it had a hole after the sale.

I didn't do a sold as seen receipt and halved thr price of a new exhaust and took that off my selling price. I shouldn't have, butthe buyer was almost in tears...

Basically, you aren't obliged to fix it, since the guy has had it, but it's better to sell something once the part has been fitted!

I'll learn to do a receipt now.
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Hit the G spot.

[Livefast123]

Sold as seen means jack in law. As a private buyer you still have a duty to describe goods honestly not mislead buyers about issues.......that you know about

The OP has told buyer about the fault and he has still bought the vehicle so therefore has no comeback at all. The OP has gone beyond the call of duty by trying to fix the fault so the buyer should be happy that he got that service. Most sellers would have told him to FO. I would tell him that as he's been driving the vehicle with stupidly high boost levels then he has probably caused that damage himself and you can help no further.

I always write my reciepts to state that i have disclosed all known faults and the buyer has inspected the vehicle and is happy with it. Then I can add to the end that no warranty is implied or given.
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Current ride - Yamaha MT-07

[pits]

Thought as much, the part I replaced wasn't cheap either and with delivery to him, but I can't accept any responsibility for any damage or any problems since they have been driving it up to the red line near enough, when cold with too much boost.

[0ddball]

Out of interest what did you send him? a new actuator?
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ZXR750L

[pits]

Turbo pipe had come off and split, on front turbo causing it to suck too much air in from outside the car/turbo system, but god knows what he has done to it now, as being twin turbo it will al be interlinked and probably ballsed it all up anyway, as the way I understand it with the broken pipe the volume of air is greater and with out enough fuel. The motor leans out causing the combustion process to overheat. Subsequently the pistons and spark plug tips melt away. Generally Lots of oil smoke then happens. Keep you foot in it more something really powerful happens KABOOM as pieces of melted pistons and connecting rods collide.

The problem now is that I can't do anything about it, he is trying to get me to pay for damage that he may well have caused, hypothetically speaking and I wouldn't want to be held to this and I wouldn't consider doing it anyway, but if I was to take the car back off him give him money back he would need to
Re-import it UK
SVA/IVA it for UK
Re-register it in UK
Re-tax it in the UK
Put it back to the condition it was when I had it as he has removed some of the work I had done aesthetically to it
Pay for a full engine inspection and assessment of any damage caused by him running it with too much boost, which could be new engine time.

But I wouldn't even be prepared to do that, I got the pipe for him, I gave him a spare exhaust which he also complained about, and considering the car was sold cheaper than it should have gone I just get the feeling he is trying to extract cash for me, not going to give him any regardless as he has had the car well over a month now and has put videos on youtube of it being treated poorly, I can't do anything for him, don't really want to considering I bent over backwards to help him get the car.

[.....]

FFS just tell him to sod off.

[Ingah]

[Steve H]

The (ever so) slight problem that you've got is that (assuming this is purely a private sale) he's relying on your description of the fault and subsequent remedy in question. I assume the conversation went along the lines of...

pits - It's a great car apart from one fault which can be remedied by fitting 'x' part which I can supply if you wanna get it fitted.
buyer - OK, well if that's all there is then yeah, I'm happy to go ahead with the sale.
pits - Yep, that's it. Fit the part and job's a good 'un.
buyer - Sold.

Now that your fix hasn't remedied the fault then it could be argued that there is a breach of the agreed contract and consequently he may have a claim against you. The only real claim a buyer has when it comes to private sales is with regard to any description involved during the sale as the descriptions involved are a fundamental part of the contract between both parties.

In saying all of the above, the buyer would still have to prove that...

1. Your suggested remedy wasn't a viable option.
2. He hasn't been ramping the guts out of the car since ownership nor done anything to aggravate the issue.

...and that's just for starters. He'd have to get a professional (i.e. a mechanic) opinion to verify the aforementioned points and I'd suggest that would be nigh on impossible.

To précis, I'd go with Joe's advice until such time as he came up with something in writing that proves you 100% wrong.
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Mellow Yellow
The BCF Top TEN - 2010, 2009, 2008, The Original.

[P.]

Curious as to what car it is... i see 24psi and its like

[Robby]

If the car was in the UK then I would offer to inspect it if the buyer brought it over to me, and would check the end float on the turbos to see if one had failed. Maybe change the oil and look for bits of metal in the stuff that came out. If it looked reasonable that the fault was there when the car was sold and simply disguised by the other fault it would be reasonable to take the car back and offer a refund for the price of the car only - not their spend on insurance, fuel etc.

However, the car is overseas, has been re-registered, and has been modified from when you sold it. For you to take it back would be expensive and time consuming, and it was bought with a known fault.

To look at it another day, if you buy a second hand bike from a shop that is sold with some known problems, and you find other problems when you're working on it, you wouldn't expect them to take it back. You might try, and get worked up that they tell you to foxtrot, but you wouldn't be surprised that they refuse.

Tell him you're not going to give him any more money and parts, but put it in a fairly long email explaining why to avoid a protracted argument. Next time you sell a car with problems, either say what you think the problem and solution is but don't say you're sure, or fix it and then drive it for a few weeks first.

I assume the car is a Legnum, so calm down Paddy. Supra is cooler.

[P.]