WA Buyer wants refund after a month

[Maxmoon82]

My brother came to Australia to visit me.he bought a car for for his daily drives till he was here.when he left I sold the car on his behalf.
When my brother got the car one rear window was stuck up and that's how he got it.he didn't bother to het it fixed as he was here for a few days.i didn't know much about the car as it wasn't mine but according to me the car was good and everything seemed fine.
Now it's been nearly 2 months I have sold the car for him and the buyer calls me and asks for a refund or repair of the cars window which i too didn't realise to tell the buyer but wasn't intentional at the time of sale.he says its a false disclosure and wants to sue me and my brother who lives overseas.according to him the rear window was stuck with a wooden piece which we too were not aware of.but i was shocked as he shouldnt be coming after 2 months.his excuse is that he hasn't been driving much but that isn't my fault ...please

 

[Lance]

Hi,
If its been two months and he has only just found it, you could reasonable argue that you were also unaware in the time that you were selling it for your brother. Was the car transferred in the new owners name? If he decides to pursue the repairs, I think you could reasonable argue that you didn't know about the window, which means you will need to pursue your brother as the seller, which wont be worth it for the few hundred dollars to repair the window, noting that he is overseas. I wouldn't stress too much.

 

[Maxmoon82]

Hi,
If its been two months and he has only just found it, you could reasonable argue that you were also unaware in the time that you were selling it for your brother. Was the car transferred in the new owners name? If he decides to pursue the repairs, I think you could reasonable argue that you didn't know about the window, which means you will need to pursue your brother as the seller, which wont be worth it for the few hundred dollars to repair the window, noting that he is overseas. I wouldn't stress too much.

I told him that one rear window doesn't work my brother new it as i double Checked with my brother but my brother didn't bother to repair it cause he didn't feel it's necessary but the buyer says that it's false disclosure but the fact is that when I sold the car on my brothers behalf I was not aware of the window thing..and he says that even I will be summoned coz I sold the car to him and it was my address and number on transfer papers....

 

[Lance]

I told him that one rear window doesn't work my brother new it as i double Checked with my brother but my brother didn't bother to repair it cause he didn't feel it's necessary but the buyer says that it's false disclosure but the fact is that when I sold the car on my brothers behalf I was not aware of the window thing..and he says that even I will be summoned coz I sold the car to him and it was my address and number on transfer papers....

Sorry when you said you didn't realise to tell him I thought you didn't realise it was broken. Ok you did have a requirement to advise the new buyer of the defect. How did you transfer the ownership if your brother was overseas? Pre-signed documents? I believe he would need to pursue the repair cost from your brother and I think that will be costly and difficult and thus not worth pursuing.

 

[Maxmoon82]

Yes the rear window wasn't working which my brother didn't tell me as when he left the car with me to sell it didn't strike him else he would have told me.at the time of sale I wasn't aware of such a thing too.i believed that it's a buyers responsibility too to check the car but now he says that i am also legally responsible as sold the car to him.yes the papers were pre signed.its just a window issue and just a $2000 Car.can I be sued for this and my brother who lives overseas.how can I defend my self.i am a very simple person and never got into these legal issues ever in my life

 

[Lance]

Hi,
I was still wondering, was it all signed by your brother or did you have power of attorney?

 

[Maxmoon82]

Hi,
I was still wondering, was it all signed by your brother or did you have power of attorney?

It was signed by brother

 

[Lance]

You were selling on behalf of your brother in good faith and didn't intentionally mislead the buyer. The only real evidence they have of the sale doesn't have your name on it and as I said earlier it will be costly to pursue your brother.

 

[Maxmoon82]

You were selling on behalf of your brother in good faith and didn't intentionally mislead the buyer. The only real evidence they have of the sale doesn't have your name on it and as I said earlier it will be costly to pursue your brother.

But the paper has my address and number as he was living with me..its was just a $2000 car and he is doing this as if I sold him a 20k car..after nearly 2 months looks a bit dodgy to me

 

[Lance]

I think you are worrying about nothing. He will might try to pursue your bother and nothing will come of it.