is there a law for buying a used car from a consumer to be protected against a damaged car?

Question

I sold a car to this guy and he owes me some money. Before we made a deal, i asked him to get the car check out by a michanic to be sure that there was nothing wrong with it. He didn't get it checked out and he agreed to the deal. After couple weeks, he gets the car checked out and finds that the car needs new ball joint. Now he doesn't want to pay me the rest of the money because he thinks that there is a law in Illinois that states that after buying a car from a consumer, you have 30 days to check it out (i think that's bs). And if there is something wrong with the car safety wise (he tells me that the wheel will fall off eventually) the consumer can't sell it even if he didn't know about it (i find that hard to believe) Some people told me that once you buy a car from consumer, it's sold AS IS, no warranty. I made a mistake. I never got bill of sale because i trusted the guy. I gave him my signed title. And he paid cash. What can i do to get rest of my money from the guy?State of IL

Answer 1

I can't find anything in Illinois that says that you sold the car as anything other than "as is." I haven't come across anything that supports his 30 day claim.

"Purchasing a used car is another matter. Used cars may be sold "as is" or with a limited warranty. If you purchase a car "as is" you are obtaining no warranty and in most cases the dealer is not obligated to stand by any oral representations he may have made prior to the purchase. If you are buying a car "as is" and the dealer has made certain representations about the car or has promised to repair certain problems with the car, get these promises in writing. Make the dealer set out what he is willing to do on the bill of sale. If the vehicle has a limited warranty, make sure the dealer puts in writing, what the warranty is, what it covers, and how long it lasts. Obtaining representations or promises in writing, will eliminate problems later on." 1

This does not mean that you are problem free. The transaction hasn't been completed and there are no written documents, You didn't say how much he still owes you, but it will be hard to get it out of him if you only have your word against his. You might be able to get him to put in writing the terms of your agreement by getting him to send you a letter explaining his side of the story. Insist he put in the letter what he thinks is wrong, and most important for you, how much he promised to pay for the car.

You should also write down sooner rather than later every detail you can recall about the transaction. I'm concerned that you may have said something that might have given him the impression that the sale was conditional upon the inspection, which would be slightly different than making claims about how well the car runs.

Not getting a receipt for selling a car while signing over the title is just a bad idea but hopefully with a little effort, negotiating and patience, you won't get burned too badly because of it.

Edit: lemon law does not apply to used cars, a lemon is a new car or product that never works properly because of design or production defects

Answer 2

the 30 day law, am afraid, is correct, depends on each state, if he is giving you this info that could mean that he contacted consumers affairs dept, you should contact them too, to confirm it, regarding the "as is", I belive that only is subject to a written contract/receipt, if you made the mistake not to get a bill of sale, i think its going to cost you, try looking in the federal trade commision consumer center website, they might give you some info on your states laws,
good luck

Answer 3

it is called the lemon law