dgv0202

Sold a car now the guy wants his money back

14 posts in this topic

I am in sc and I sold a car to a guy who lives in nc. The car did not have any problems or issues. The car was salvaged and I did tell him that. He did not mind. He bought the car drove home on it and 2 weeks later I get a call that he wants to return the car to me because there is a problem with the transmission, or he wants me to pay $3000 for repairs or he will sue. Can he do this? I am a private seller and I told him the truth about everything. When I had the car there were no issues with it and no one mentioned any warranty. What legal obligations do I have? Can he sue me and have the judge award him his money back?

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2 weeks later I get a call that he wants to return the car to me because there is a problem with the transmission, or he wants me to pay $3000 for repairs or he will sue. Can he do this?

 

Can he do what?

 

Can he call you?  Sure.  He did.

 

Can he sue you?  Yes.  Anyone can sue anyone for anything, but that doesn't mean he'll win.

 

 

 

I am a private seller and I told him the truth about everything. When I had the car there were no issues with it and no one mentioned any warranty. What legal obligations do I have?

 

As far as I can tell from your post, none.  Absent a warranty or fraud, used car sales are on an "as is" basis.

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To learn more about this subject matter, you may be interested in visiting the Consumer Protection Center and reading Private Used Car Sales as a good resource. If you need further clarification on your specific situation, you may consider signing up for a LegalStreet plan. With the plan, you have unlimited access to a local lawyer to ask your questions and the plan also offers discounted legal representation should you need it.

Disclosure: LegalStreet and FindLaw.com are owned by the same company.
 

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I am in sc and I sold a car to a guy who lives in nc. The car did not have any problems or issues. The car was salvaged and I did tell him that. He did not mind. He bought the car drove home on it and 2 weeks later I get a call that he wants to return the car to me because there is a problem with the transmission, or he wants me to pay $3000 for repairs or he will sue. Can he do this? I am a private seller and I told him the truth about everything. When I had the car there were no issues with it and no one mentioned any warranty. What legal obligations do I have? Can he sue me and have the judge award him his money back?

 

Agree with PG1067.

 

I've been a car collector for 40 years, buying and selling.

 

Guys like that are whiners.

 

All I would do is tell him (once) "You bought it as is, don't ever call me again." Then stop talking, hang up and never talk to him again. It's the talking that gets you in trouble.

 

If he sues, he sues. Then you defend.

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I will assume that you are not a car dealer (varies by state, but you usually have to sell 5 - 6 cars at minimum per year to be considered a dealer). Since you don't sell cars for a living, you cannot possibly know unseen wear on a used car.  The buyer had all the opportunity in the world to have the car inspected by someone of his choosing to determine the car's condition, which he chose not to do.  The buyer also had an opportunity to negotiate something other than an "as-is" warranty, and he chose not to do that either.  In short, in my humble opinion, you don't owe him anything.

 

I don't think your buyer has much of a chance to successfully sue under the facts you present, but there are people that will try to bully private car sellers.  This in fact might be part of some kind of scam; so take adjusterjack's sage advice and tell him once not to call you again.  And if he sues (which i doubt will happen), just tell the judge the truth of the sale.

 

Good luck to you. 

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Agree with PG1067.

 

I've been a car collector for 40 years, buying and selling.

 

Guys like that are whiners.

 

All I would do is tell him (once) "You bought it as is, don't ever call me again." Then stop talking, hang up and never talk to him again. It's the talking that gets you in trouble.

 

If he sues, he sues. Then you defend.

 

also, i did not put in writing that the car was "sold as is" or anything. Does that matter or is it just implied? I mean I definitely did NOT say there was any kind of warranty and it is used. 

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also, i did not put in writing that the car was "sold as is" or anything. Does that matter or is it just implied? I mean I definitely did NOT say there was any kind of warranty and it is used. 

 

Car sales between private parties are presumed to be "As is" in the absence of any written agreement to the contrary.

 

However, it's always a good idea to make two copies of a bill of sale that says "as is, no warranties or guarantees or any kind, express or implied" then have both parties sign both copies and each keep one.

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I am in sc and I sold a car to a guy who lives in nc. The car did not have any problems or issues. The car was salvaged and I did tell him that. He did not mind. He bought the car drove home on it and 2 weeks later I get a call that he wants to return the car to me because there is a problem with the transmission, or he wants me to pay $3000 for repairs or he will sue.

 

dgv0202 What's the odds we had the same exact guy buy our vehicles? I am in sc and I sold a car to a guy who lives in nc. Sorta the same story, other than mine was not salvaged. He writes me weeks later, says the transmission was shot, and he wants his money or he will sue. I see it has been over a year, but did you ever hear from your buyer again? Or did it just end? Thank you.

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dgv0202 What's the odds we had the same exact guy buy our vehicles? I am in sc and I sold a car to a guy who lives in nc. Sorta the same story, other than mine was not salvaged. He writes me weeks later, says the transmission was shot, and he wants his money or he will sue. I see it has been over a year, but did you ever hear from your buyer again? Or did it just end? Thank you.

Haha i actually took the car back. After that, I had my uncle look at it, turns out it was a loose wire. Can you believe this guy?? he told me dealers said it was a transmission issue and would cost over 3K?? I sold it to someone else and they couldn't be happier. 

 

But based on what you told me about your situation, you are fine. don't let the buyer scare you. you are not responsible for anything after you sell it. you had no way of knowing/ nor does he have proof that the issue was there when you sold him the car. it is his responsibility to examine and make the decision to buy or not to buy. If he is threatening to sue, let him. He probably won't and if he does, he'll lose.  As far as anyone is concerned, it's a used car, you disclosed all information you knew. Plus who says it wasn't his reckless  driving? don't worry about it. 95% of the  time when someone threatens to sue they are just trying to scare you into refunding. 

 

if it comes down to court; make the argument that the buy probably neglected to check all fluids or was reckless and irresponsible. you should not have to suffer. the car was fine when you sold it. (Did you have him sign a bill of sale when you sold it?)

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This by far was probably the fastest car purchase ever. Even took me by surprise. He called, I showed up, he offered $800 less than what was being asked, I accepted. He then checked all the fluids, and test drove it, before purchase. He asked no other questions. 2 minutes or less of small talk, 5 minute test drive. Then sold.

 

I requested a Bill of Sale at the bank, but they said SC didn't require them. So they just notarized the title. Sale done. By chance your buyer wasn't from hampstead was he?

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I sold a car and specifically told the lady that it needed a part fixed i didnt hide it from her she refused to fix it instead forced the car and drove it like that now she wants me to give her money back can someone give me opinions on this ? Idk what to do personally im not a bad guy but i dont think this is fair 

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4 hours ago, slammedcrv said:

can someone give me opinions on this ?

 

Why did you tag your post onto a three and a half year old thread that has been dormant for well over two years, instead of starting your own thread?  Also, in any future posts, please make an effort to use something that resembles proper capitalization and punctuation so that others may more easily read and understand what you write.

 

 

4 hours ago, slammedcrv said:

i dont think this is fair

 

What isn't fair?  That the woman who bought your car has asked for something that is wholly unreasonable?  Seems to me that's neither fair nor unfair.  It's simply a request.

 

I'd like to think that, before you resurrected this old thread, you would have read through the prior responses, but I guess you didn't bother with that.  Please do so now and let us know if you don't understand any of it or how it applies to your situation.

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