Chelsea Mick Posted December 18, 2006 Report Share Posted December 18, 2006 I agreed a the sale of my ST220 on 6th November. What with both parties working shifts, transfer of personal plate etc., my buyer picked up the car yesterday afternoon. He has just phoned me saying that there is no drive. The car starts and he can select a gear but the car won't move making a grinding noise. To my knowledge there was nothing wrong with it prior to selling it. I have never had any probelms with it in my 8 months of ownership apart from a split drive shaft gaiter which I had replaced. Now while I feel partially guilty that this has happened the day after he picked it up, am I liable for any thing from this day on? Has he a case for asking for a refund? Can he make a claim for any costs rectifing the problem? I must add that he has said that he doesn't hold me responsible and his phone call just now was to find out if there had been any previous problems with it. He is a really nice bloke (and he is a policeman, not that that has anything to do with it). I don't want him to feel that I have punted the car on with the knowledge that there was a fault with the car. It was a genuine sale as far as I am concerned. The car is 1 month out of warranty Any advise/thoughts would be appreciated. Quote Link to comment Share on other sites More sharing options...
Ian_C Posted December 18, 2006 Report Share Posted December 18, 2006 You obviously drafted two copies of some kind of receipt, one for the seller, one for the buyer. What did it say?? Anything added in your receipt such as 'sold as seen' or 'seller expressly disclaims all warranties, either expressed or implied'? Pretty sure he will have no come back through the courts. Just tough luck. Hopefully just a snapped clutch cable. Ian Quote Link to comment Share on other sites More sharing options...
cruiser647 Posted December 18, 2006 Report Share Posted December 18, 2006 Could it be the clutch? And also, presumeably he drove it to his place with no problems? How far is he away from you? Is it worth you goin there to show concern? Get it to a Ford garage first off. I suppose The other goodwill thing you can do is offer to pay 20% of the costs of repair IF Ford don't help you out as the car is just out of warranty. Obviously depends on how you feel about it as to the amount you offer. Quote Link to comment Share on other sites More sharing options...
rs32 Posted December 18, 2006 Report Share Posted December 18, 2006 I would advise him to speak with Ford to see if they will do any sort of "goodwill" thing for him. You just don't know what he's done with the car since collecting it, no matter how short a time. Appreciate you feel concerned and want to help if possible, but there's not a huge amount you can do Quote Link to comment Share on other sites More sharing options...
AZURES3 Posted December 18, 2006 Report Share Posted December 18, 2006 No comeback but sure he will get Ford goodwill. Have you asked him if he has taken the handbrake off AZ Quote Link to comment Share on other sites More sharing options...
Wallachie Posted December 18, 2006 Report Share Posted December 18, 2006 You dodgy London gezzas!! The term you need is 'sold as seen', I was told to put that on any hand written receipt when selling on a car. I don't really think it matters though, I wouldn't think he has any come back at all. I would be like you though Mick, feeling guilty even though you have done nothing wrong. Quote Link to comment Share on other sites More sharing options...
CarMad Posted December 18, 2006 Report Share Posted December 18, 2006 As others have said its sold as seen. He got it home so he knows what it was like when he collected it. How do you know what has done with it since you sold it to him ? You don't so why should you be liable for it. I'd be careful about offering any liability to the situation to be honest. Advise him that it was sold as described and was in perfect working order when you sold it to him and you can't be held accountable for whats happened post sale but it might be worth him speaking to Ford. Oh and note everything that goes on dialogue time from now forward just in case. Quote Link to comment Share on other sites More sharing options...
Chelsea Mick Posted December 18, 2006 Author Report Share Posted December 18, 2006 Thanks guys... I drove it Saturday to Watford and he drove it back to Birmingham Sunday and even text me to say how good it drove. He drove it today to Wiltshire and 2 miles back from home is when the probelm occured. I have spoken with him again a couple of times since the first post. He has got it home by towing it and had a look underneath. It appears that it is the nearside drive shaft. He is (like me) not a mechanic but he can move the nearside driveshaft but not the drivers side. As I said previously, the drive shaft boot gaiter eas relaced in November on the nearside so it would appear that it could be related to this work. My buyer is in Birmingham and I'm in Essex where the work was carried out so distance is a problem. Obviously I did give him a reciept but didn't write "sold as seen" on it as I was told ages ago it makes little difference if any. He's gonna let me know how he gets on tomorrow. I did mention to him that it might be worth taking some pictures if possible He is getting it recovered to a local garage tomorrow. Quote Link to comment Share on other sites More sharing options...
R32Ash Posted December 18, 2006 Report Share Posted December 18, 2006 I know Ford had (and I imagine still has) a 'contribution matrix' which applies to repairs outside the warranty period (my dad was a manager with Ford before he retired). If it's something reasonably major, they'll make a contribution towards the repair. I think it's something like 85% for a car that's up to 1 month outside the warranty expiry date - provided the mileage is within the limits for the warranty period. The contribution obviously decreases with time/mileage. To comment on what you actually asked though: no, he doesn't have any legal comeback on you; it's caveat emptor as far as private sales are concerned. Although like you, I'm sure most people would feel bad about selling a car that went wrong so quickly. Quote Link to comment Share on other sites More sharing options...
steve2 Posted December 18, 2006 Report Share Posted December 18, 2006 Mick, now i know why you turned up at the white hart on a low loader at the end of the day you dont know if he has been caning it as soon as he left you.It is his problem not yours Quote Link to comment Share on other sites More sharing options...
AvantSE Posted December 18, 2006 Report Share Posted December 18, 2006 Caveat emptor, it is his problem but I know what you mean, I would feel bad about it too. Quote Link to comment Share on other sites More sharing options...
gizze Posted December 18, 2006 Report Share Posted December 18, 2006 I had a problem with my A6 avant aftr I sold it, two days later the guy called saying it wouldn't start, he was local so I went over and jumped it and thought he must have left the lights on or something. Then 3 days later he called again, I said to take it in to Audi and get them to diagnose what was wrong, this cost me £100 and audi came back saying it was something on the radio loom that was causing it. I had retrofitted the nav and presumed I had done some thing wrong, took it all apart and found nothing, so thought it must have been the battery, so bought him a new battery, a week later he called and said it was dead again. Turned out it was a phone kit fitted by the original Audi dealer!! Found it behind teh glovebox and removed it, problem solved. In the end it cost me £200, but the guy was chuffed to bits I was getting it sorted for him and because he could see I was trying didn't start to kick up a fuss, I would call Ford and have a word with them, get the guy to take it into his local ford dealers to see what they think and then try and get Ford to pay, I bet they offer to cover parts and 50% labour, if not more, at that point agree to go halves of something?? But take it to a Ford dealership, they will diagnose the problem and you may get it all paid for. Quote Link to comment Share on other sites More sharing options...
max_b Posted December 18, 2006 Report Share Posted December 18, 2006 Mick, if you are going to suggest to him to take it to a Ford dealer, ask him avoid Bristol St Motors, they are a pile of and highly unlikely to entertain a warranty claim!, better of trying Chambers Ford of Sutton (Sutton Coldfield, B'ham), a family owned dealership who seem to care more (above details are based on servicing/warranty work i've had done to the different fords I/the family own over the yaers) Quote Link to comment Share on other sites More sharing options...
Chelsea Mick Posted December 19, 2006 Author Report Share Posted December 19, 2006 Thanks for all your very helpful replies guys All noted and taken onboard. Will see what he has to say tomorrow. Quote Link to comment Share on other sites More sharing options...
alfiesride Posted December 19, 2006 Report Share Posted December 19, 2006 sold as seen.............. oh dear UNLUKY .. or you could be nice to him! Quote Link to comment Share on other sites More sharing options...
gizze Posted December 19, 2006 Report Share Posted December 19, 2006 I would also have a hunt round the Ford forums, just to make sure there isn't a post that starts.... Bought a new car last night and managed to feck it in one day, do you think I can get the seller to pay for it?? Quote Link to comment Share on other sites More sharing options...
Chelsea Mick Posted December 19, 2006 Author Report Share Posted December 19, 2006 Well it looks as though it might turn out alright in the end. Have spoken to my buyer and the ST has been in the garage. It appears that the work I had done by my local garage to replace the nearside cv boot gaiter, they used the wrong retaining clip and the drive shaft popped out when it went round a right hand corner. It's looking very hopeful that the drive shaft, allthough slightly damaged, will be popped back into place using the correct retaining clip. Shouldn't cost my buyer anymore than the price of the clip and some labour. Got some photos to show to my local garage and the opinion of the mechanic at my buyers garage to see what they have to say.. Thanks for all your comments guys Quote Link to comment Share on other sites More sharing options...
Ian_C Posted December 19, 2006 Report Share Posted December 19, 2006 How on earth can a driveshaft pop out whilst driving? You have to take the front upright off to get the driveshaft out, surely?? Ian Quote Link to comment Share on other sites More sharing options...
Chelsea Mick Posted December 20, 2006 Author Report Share Posted December 20, 2006 Ian The drive shaft popped out on the nearside the end closest to the road wheel. There is a groove around the drive shaft that retaining clip sits in. There is also a groove on the inside of the wheel hub where the drive shaft is situated. Now if this clip is the wrong type (which is true in this case), when you turn the steering on full lock to the right, this will put strain on the cv joint. As the retaining clip was the wrong type it didn't hold the drive shaft in the hub correctly. Here is the drive shaft out of the hub. Quote Link to comment Share on other sites More sharing options...
Chelsea Mick Posted December 20, 2006 Author Report Share Posted December 20, 2006 And here is the wheel hub off the car where the drive shaft would sit Quote Link to comment Share on other sites More sharing options...
cruiser647 Posted December 20, 2006 Report Share Posted December 20, 2006 Good news! Your buyer shoould be happy, especially as it was the garage that fecked it up! Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.