Business & Finance Urgent advice required

[The Dice Man]

I have a bit of a potential problem and am calling out to the knowledgable bigfooty community for advice.

I am moving to France in 2 weeks and have sold my car 9 days ago through carsales website. The buyer is now messaging me saying the aircon does not work. He wants me to pay the thousand dollars he was quoted to fix it or return the car to me for a refund.

When he test drove it he asked me if the aircon worked and I said I didn't know as I'd never used it. He himself never checked the aircon.

Now the problem comes in that on the website it listed air con as a standard feature when u type in the make and model. I didn't even think to take it out.

What are his rights, my rights and what would you do?

No way am I paying a thousand bucks to fix an air con on a 5000 dollar car. And I don't have time left to sell it to someone else.


Oh and by the way, he's a kiwi.

 

[deeman12]

How long are you moving to France for?

Tell him you'll get back to him in three weeks....

 

[bunsen burner]

I have a bit of a potential problem and am calling out to the knowledgable bigfooty community for advice.

I am moving to France in 2 weeks and have sold my car 9 days ago through carsales website. The buyer is now messaging me saying the aircon does not work. He wants me to pay the thousand dollars he was quoted to fix it or return the car to me for a refund.

When he test drove it he asked me if the aircon worked and I said I didn't know as I'd never used it. He himself never checked the aircon.

Now the problem comes in that on the website it listed air con as a standard feature when u type in the make and model. I didn't even think to take it out.

What are his rights, my rights and what would you do?

No way am I paying a thousand bucks to fix an air con on a 5000 dollar car. And I don't have time left to sell it to someone else.

Tell him if he doesn't like he can suck your baws.

Oh and by the way, he's a kiwi.

and then get on a plane and **** off back home.

 

[The Dice Man]

How long are you moving to France for?

Tell him you'll get back to him in three weeks....

I'm gone at least three months. Maybe longer if I can work out a visa...

 

[bunsen burner]

I have a bit of a potential problem and am calling out to the knowledgable bigfooty community for advice.

I am moving to France in 2 weeks and have sold my car 9 days ago through carsales website. The buyer is now messaging me saying the aircon does not work. He wants me to pay the thousand dollars he was quoted to fix it or return the car to me for a refund.

When he test drove it he asked me if the aircon worked and I said I didn't know as I'd never used it. He himself never checked the aircon.

Now the problem comes in that on the website it listed air con as a standard feature when u type in the make and model. I didn't even think to take it out.

What are his rights, my rights and what would you do?

No way am I paying a thousand bucks to fix an air con on a 5000 dollar car. And I don't have time left to sell it to someone else.


Oh and by the way, he's a kiwi.

Legally I don't think he has a leg to stand on. If you have the money then show him the hand.

 

[The Dice Man]

I'd like to say that BB but I'm concerned I've been unintentionally misleading with the website ad. Though he asked me on test drive and I gave an honest answer.

It's his fault he didn't get the car properly checked out pre-purchase.

Other thing is its still in my name as he didn't have the required id yet to satisfy rta. And that's exactly where I'm going tomorrow for a statement of disposure( I hope)

 

[deeman12]

Yeah he sounds like a princess to be honest...airconditioner doesn't work, big ****ing deal.

I would leave the country with the money, but I don't know what the legal ramifications will be if you get served whilst overseas though, and if that'll have any bearing on your visa application. But if he's a dumb ****, then he probably won't be aware of his rights to legal recourse, if in fact he does have any.

 

[Cruyff14]

It's April ffs, you don't need the aircon.

 

[Rod Stroker]

When he test drove it he asked me if the aircon worked and I said I didn't know as I'd never used it. He himself never checked the aircon.

Now the problem comes in that on the website it listed air con as a standard feature when u type in the make and model. I didn't even think to take it out.

I reckon you're safe. Aircon may be standard, and your car was sold with an aircon unit installed, but you never said it was working. If he even asked the question but never bothered to check himself before money changed hands, then I'd say it's his problem.
This is why you should always have a mechanic do a pre-purchase check on the car so they can tell you what's wrong with it before you buy it and how much you're going to be up for in repairs. If he hasn't done that then again it's his problem.

 

[DTRAIN87]

I reckon you're safe. Aircon may be standard, and your car was sold with an aircon unit installed, but you never said it was working. If he even asked the question but never bothered to check himself before money changed hands, then I'd say it's his problem.
This is why you should always have a mechanic do a pre-purchase check on the car so they can tell you what's wrong with it before you buy it and how much you're going to be up for in repairs. If he hasn't done that then again it's his problem.

This is spot on and what I was going to write. You can say a car has a trip computer as a feature but it might not work. As long as you never misrepresented him by stating there was a working aircon then you will be fine. I had the same problem with a clown who said I told him the car was being sold registered when all I said was the car was currently driven and registered by me. The guy tried to go me on Ebay for false representations and apparently the Ebay resolutions and his solicitor told him he would not win. Basically unless you state it directly that it is working then I think it will be hard for him to claim this as a representation. The fact you told him too makes it worse. Also remember the saying Caveat Emptor (buyer beware) especially with SH goods.

 

[DTRAIN87]

Yeah he sounds like a princess to be honest...airconditioner doesn't work, big ****ing deal.

I would leave the country with the money, but I don't know what the legal ramifications will be if you get served whilst overseas though, and if that'll have any bearing on your visa application. But if he's a dumb ****, then he probably won't be aware of his rights to legal recourse, if in fact he does have any.

Civil claims have no bearing on Visas.

 

[PAUR]

He didn't care enough to try it out but asks for 1000 to fix it. Bro is beached.

Tell him you don't on a car and it costs a thousand to fix his

 

[The Sultan]

pretty sure that as it is a private sale, then its stiff shiz. he didnt check it himself or have someone check it...also it is not part of the road worthty...

i just sold a car and the bloke he brought it check absolutly everything, air con, heater, all the switches and locks. its the onus of the buyer to check...

 

[The Dice Man]

Thanks for the advice guys. Makes me rest a bit easier. Cheers

 

[Poseidon]

Don't listen to these guys OP, pay up or you're gonna be showering with Bubba and Jose for the next 25 years. Trust me I did an online Law unit once.

 

[I bleed Blue]

Do not pay this guy a cent, and do not take it back.

He test drove it and he purchased it. Who knows what he has done to it now either. He may have damaged something else, or another part of the car has broken down after he took it off you and now is trying to make it your problem.

Tell him where to go.

 

[Illinois Nazi]

Don't listen to these guys OP, pay up or you're gonna be showering with Bubba and Jose for the next 25 years. Trust me I did an online Law unit once.

no way ur totes wrong and im more qualified then u cos i watched a whole thing of open univeristy on tv one morning while stoned.

 

[Illinois Nazi]

Serious answer: You don't have a problem. Dealers are required by law to give a warranty on certain things for cars over a certain value, but that doesn't apply to private sales.

And FFS, who buys a car for $5K and expects working air con? Any car like that I ever owned the air con was operated by winding down the window.

 

[bradrowe#32]

Back luck bro.

 

[grizzlym]

Buyer beware. The onus is on him to get the car checked out.

 

[rocker_oz33]

Buyer beware he has no leg to stand on.if you want to be nice you could pick the place to get it fixed and pay half dont let him pick the place l would say stiff biscuits mate l'm moving away and do nothing.

 

[checkraiseulite]

I don't believe that you 'didn't know' that the AC wasn't working prior to selling the car.

Having said that I would just tell him that it's bad luck and he should have checked it out. It's his fault for swallowing such an answer as 'I don't know, I never use it' when he asks a direct question about a feature of the car. This would have been an immediate red flag for me.

Legal action is extremely unlikely given the relative value of any potential claim weighted against potential costs. I just hope he doesn't know where you live.

 

[Scotland]

Caveat emptor.

If you want working air-con check out the air-con when you buy the car. If it doesn't work don't buy the car. If it works fine then dies 2 weeks later then stiff shit.

If he has paid his money (which he should have given he has the car) then walk away no with no correspondence to be entered into. He has every right to be annoyed, but for all intents and purposes you could have serviced the air-con the week before you sold the car and something could still have gone wrong... if you don't want to run that chance don't buy a $5k second hand car.

 

[grimface_87]

Did he actually test drive the car? If so, then bad luck for him not checking the A/C worked! If he didn't, as long as you didn't say that the A/C was working (even if it was listed as a standard feature) you should be fine.

 

[Drakescoffeecake]

You've handed over the car to him now, it's not your problem.