Private Car Sale Advice - Buyer Threatening with Small Claims Court - England
Hi All,
A family friend (the seller) has recently sold their car through Facebook Marketplace. The buyer contacted them via FB Messenger to schedule a viewing.
The seller only owned this vehicle for a couple of months as it was a cheap stopgap vehicle until their new vehicle arrived. The vehicle was advertised accurately as a Cat S car with the current mileage of 97k (as shown on the odometer). The ad included a dashboard photo showing the odometer.
In the last MOT prior to the seller's ownership, the vehicle had been recorded as having 99k miles, but the current odometer is showing 97k miles. The seller had no idea why the mileage discrepancy existed (it pre-dates the seller's ownership), and as it's quite low they just assumed it's an admin error by the tester. This discrepancy is publicly visible to anyone on Gov.uk using the registration plate.
The buyer and their partner turned up, looked around the car visually, but did NOT:
- Start the car
- Test drive the car (this was offered before exchanging money and the buyer declined)
- Ask any questions about service history or car condition
They carried out a very quick check and were mostly interested in the interior.
The vehicle was sold on a Sunday morning after the buyer haggled £400 off, and by 9pm the same Sunday, the buyer messaged the seller alleging that a specialist had checked the car and advised the timing chain is stretched and needs replacing at a cost of £2,000+. They are also claiming the seller misrepresented the vehicle due to the mileage discrepancy and alleged timing chain issue. They have requested a refund or contribution towards the "repair". They have given the seller 7 days before allegedly contacting Trading Standards, Action Fraud and small claims court.
The entire viewing is available on CCTV, including the seller offering a test drive and the buyer declining. The only part not on CCTV is when both parties went inside the house to complete the bank transfer, V5 logbook transfer online, and exchange of keys and document wallet. The seller included all available service history, a recent service parts receipt, and a printed Gov.uk MOT history showing all MOTs including the ones where the mileage discrepancy appears. The seller also completed an AA private buyer/seller contract with two copies — one retained, one given to the buyer. All of those documents were presented and given to the buyer during the sale, but they chose not to review them.
CCTV footage also shows the buyer getting into the car, starting it and driving away.
We are finding it hard to believe that a "specialist" would be open on a Sunday, and also diagnosing a "stretched timing chain" so quickly. The Buyer either didn't do their checks on the vehicle and are having buyer's remorse. Or they are trying some sort of scam as we have never come across anyone that would buy a car privately, without doing their own checks at home and without inspecting the vehicle properly at the point of sale.
Car in question is a diesel vehicle and in the seller's ownership did not present any problems. In fact, the seller went on a 100 miles round trip the night before the sale and there were no issues whatsoever.
What is the seller's actual legal exposure here given the signed contract, declared Cat S, accurate mileage advertised (as shown by the vehicle odometer), and documented handover on CCTV?
Thank you!