I've got a little story for you

[moggie-tom]

Thought this might interest some of you...

Early last year when I was learning to drive and about ready for my test, I decided to sell my scooter, a 1977 Vespa Primavera, to fund a car which turned out to be a Morris Minor. I put the scooter on ebay with some pictures and a honest description. I had lots of interest and had a couple of viewings. I had one chap who contacted me to ask if the scooter was in good condition as he wouldn't be able to afford any repairs. I told him that as far as I knew it was fine and that I hadn't had any problems but obviously I couldn't make any guarantees and that it would be 'sold as seen'. He decided to buy the scooter and we arranged a day for him to collect it. When he arrived he looked at the scooter and was fairly impressed, he then noticed that there was no key for the scooter and that it simply started with the kick-start. I had heard that this was standard for the scooter but he disagreed and said he wasn't going to pay the full asking price and started moaning about how he had to hire a van to come and collect it and the cost involved, not like that was anything to do with me! I decided to accept the slightly lower offer and signed the papers. I offered him a test ride but he didn't accept.

Five weeks later I received an e-mail from the buyer saying he had just rode it for the first time and that it had broken down after less than half a mile. He had taken the scooter to a garage and was having a full engine rebuild and would send me the bill. I replied saying that I was very sorry, that I had given no guarantee and that as far as I knew it was fine.

A couple of weeks later I recieved a letter from County Court, he was claiming that I had sold the scooter knowing that it was faulty and that I should pay the repair bill. Luckily I got some very good legal advice thanks to friends in high places... I also had a letter from the garage I used to take the scooter to, who had expressed an interest in buying it, stating that there had been no problems with it. I posted this off with a statement from myself and was given a date to appear in court and to expect to hear back from the claimant. I never heard anything back from the claimant and had to contact the court, who weren't very organised, who then struck the case out as the claimant had not complied with their directions.

I realise the case may have been genuine but I didn't think I was responsbile as it was sold in good faith. Also I learnt that 'sold as seen' doesn't actually have any standing.

[Jefftav]

From what you say you have done everything correctly so just chalk it up too experience. Sometimes it is best to provide the buyer with a receipt stating "sold as seen" and "no guarantee given or inferred"

[Jonah681]

Could be he does this on a regular basis.

It would be interesting to see if he has since sold it & moved on to another victim. Seems strange that he chose to walk away from the Court rather than present his case. Do Courts keep listings of 'dropped' cases? His name may appear there.

PS - This is just a possibility - nothing implied, should any lawyers be reading this.

[charlie_morris_minor]

could he be trying it on?

As I recall it costs nothing to send the papers to court ( you pay when it goes court ), he might have been hoping that you would pay up rather than go through the risk / hassle of a court case and good on you for calling his bluff.

[bmcecosse]

You absolutely MUST get a signed declaration from the buyer that is taking your car/scooter/whatever 'as seen, tried and tested' - and that 'no guarantee is given or implied'. If the vehicle is not road worthy - that too should be noted, and that it is being sold for 'restoration/repair or for spare parts only' . Two copies - one for him - one for you. Dated and signed by him and you - and have a witness sign them both too! You have been lucky!!

[moggie-tom]

I did think that he may be trying it on. The claim was written on forms supplied by the court but the costs wouldn't have to be paid until the case actually appeared it court. I think the cost was around £45. I guess he was just hoping to scare me in to paying up.

[bmcecosse]

Just be aware - he knows where you live........!

[charlie_morris_minor]

if he does decide to resurrect the case do remember you can ask for the case to be held in your local court not his. keep all copies of the paper work from the first case, it will show he is unreliable. I won a court case a few years ago and one of the things in my favour was that the seller ( a trader ) had not kept a single piece of paper work, where as we had kept every thing.

[moggie-tom]

I don't think he'll be paying me a visit BMC, he moaned enough about the journey the first time! The case was just over a year ago now so I don't think he'll decide to take it up again. The case was also moved to my local County Court.

[dp]

At the point the buyer started bitching about it not having the key I would (have) said, fair enough, you're not happy with it, I won't sell it to you. Buyer had an opportunity to inspect before bidding and chose not to, not your problem.

I concur with other posters in suspecting he was using the court papers as a bluff. Keep all the paperwork somewhere for a few years in case he pops up in your future.