I sold my 87 RX-7 to my husbands uncle in as is condition which was excellent for a vehicle of it's age. It only had 80,000 miles on it and was well taken care of. He was driving it and it caught fire and burnt to the ground. He did not have insurance on the vehicle. The car was my pride and joy and I only sold it to him as a favor because he did not have a vehicle to get to work in. I sold it for $1500 and he gave me a down payment of $700. I do not know what he did to it in the month he had it but I do not think I should have to refund his money and with the contract I wrote he really owes me the balance reguardless. If I would have sold it as is to a private non related party I would still want my money. Should I refund his money?
2006-07-31 07:45:36 · 26 answers · asked by monkey f 2 in Cars & Transportation ➔ Maintenance & Repairs
"As Is" means HE owns the car. If he owed you the balance before the fire he still does. It was his responsibility to get insurance on it or he assumes the risk. That's why banks require insurance. He is a grown man and he should know he is responsible for paying you the money he agreed to pay you. Everyone has to take responsibility for their own actions, including him, Period.
2006-07-31 07:53:51 · answer #1 · answered by earnest dubois 3 · 2⤊ 2⤋
Absolutely NOT. Why? Because he's part of the family? No. This is why you don't mix family with business. Don't let your feelings get in the middle of this. That money could be beneficial to your household too you know. First you allow him to give a down payment and he hasnt even paid the rest. The car catches fire and now ur responsible? NO WAY! He signed a contract stating that he would pay you the balance. It's not your fault he didn't get insurance. That's illegal anyway. What if he would have crashed it? Is that your fault too? I mean if he had bought it from a dealership, do you think they would say "o it's okay lemme just throw away this contract you signed. NOPE. Because thats what insurance is for! From the time that he signed those papers stating AS IS condition, the car is no longer in your hands. It's his responsibility to have a liscense to drive it and insurance in case of anything, and he needs to pay you the rest of the amount owed. Don't let it get to your relationship between you n your husband though. We all know that things like this cause chaos throughout the whole family. Point being, get the rest of your money, and leave it alone. Plain n Simple. Good Luck...Take care now........
2006-07-31 08:02:19 · answer #2 · answered by Cloe 4 · 0⤊ 0⤋
I wouldn't refund the money. If you sold it as you describe, then he is completely responsible for any repairs or problems to the car. If you knew there was serious problem, you should have told him. Even still, "as-is" means "in the condition you see before you" and has no promise of repair.
As you said, there is no way to know what the man did to the car during the past month. RX7s are known for using oil and it's quite possible he ran the oil dry. You should insist on being paid what you are due and not feel guilty about it. I hope you can collect the balance but it sounds like you will not get any satisfaction from this guy.
2006-07-31 07:51:54 · answer #3 · answered by pvreditor 7 · 0⤊ 0⤋
Dear Monkey F. it will depend on the base of the contract, a Judge really doesn't care the sentimental issue, but he Will put attention to the conditions in which the contract was wrote.
did you give guarantee that if the car don't work, for a period of time; for example you give him a month to try it out you have to see the date when the contract was wrote then yes you have to give the money back, if the contract said that he has knowledge that the car was with 80, 000 miles, give him not period of time to try it out; and if he signed the the car was old it means that he took it "as is". so,he owes you $800.
2006-07-31 08:12:43 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Not only should you not refund his money, if he refuses to pay you the balance as agreed, you should take him to court and sue him for the balance.
You sold the car as is.
He had the car for a month and then it caught fire. He chose not to insure his vehicle. You have no legal or moral reason to refund any money, nor to forgive any payments.
He is not much of a man if he expects you to take the loss!!
2006-07-31 08:04:00 · answer #5 · answered by fire4511 7 · 0⤊ 0⤋
Hell no. Cars don't just spontaneously combust. It must have been making a noise or acting funny. If it wasn't then obviously he must understand that you didn't know it would catch on fire. If it was a stranger, I would sue for the rest of the money. If it was family, I would tell him not to worry about paying you the rest however you are keeping the 700 he gave you. He should be more than happy with that.
2006-07-31 07:57:30 · answer #6 · answered by Mike Hunt 5 · 0⤊ 0⤋
I artwork at a vehicle Dealership. each and every in certain situations you'll be conscious, that at higher dealerships you do not see many autos with 80,000 miles or better on the bigger plenty. Why? Becuase of the liabililty element, AND what your operating into. at the same time as the shopper is searching at a "AS IS" motor vehicle. it is merely that, they're procuring it "AS IS". It dosn't get anymore easy and straightforward. the placement got here upon on the "xyz save" isn't even an situation, you instructed him the upkeep and records were there. previously he offered the motor vehicle, he ought to have done his own analyze. As for fraud, there is not any case. Fraud is the following....... any deception, trickery, or humbug, or to attain some unfair or dishonest benefit with suggestions from being deceitful. you've been no longer on your tale being deceitful, and determining to purchase a vehicle "As Is" is the customers responsibility to carry close that if something is going incorrect, they're accountable. i ought to recomend documenting any and all encounters or contact with this individual. And collect any workplace artwork from the transaction 9 months in the past. If he tells you that he's getting any criminal representation, i can make investments in an lawyer and counter sue for besides the reality that the lawyer says you could. sturdy success!!!!
2016-11-27 01:31:27 · answer #7 · answered by ? 4 · 0⤊ 0⤋
His insurance should deal with the loss if he has any. If the fire was due to something prooven to be your fault, ya might have an ethical quandry, but not a legal one if you didn't misrepresent it.
Who knows, maybe he parked in high, dry grass and the catalytic converter ignited it! Maybe he let it run out of water and the heat set some plastic on fire or melted wiring and shorted, or he had a mouse nest in there someplace!
2006-07-31 07:52:39 · answer #8 · answered by Skeff 6 · 0⤊ 0⤋
I think you need to find out why it caught on fire, and if it wasn't because of something you did to the car then there is no reason you should have to give him his money back. If you want to be nice, you could let him go and not make him pay the money but if he signed a contract then it seems he is legally obligated.
2006-07-31 07:47:59 · answer #9 · answered by tustudent 2 · 0⤊ 0⤋
i think they are trying to bully you to get their money. I would suggest contacting a lawyer and ask for free legal consultation. take him to small claims court if he does not pay you the rest of the money. It does not matter who he is, a judge will determine in your favor because you both made a verbal agreement on the price of the car. I cant believe your husband is letting this happen, is he a chicken ****? And another thing; didn't anyone ever tell you to never involve yourself with money situations with family, it always turns out to break up families?
2006-07-31 10:12:36 · answer #10 · answered by kram_7777 3 · 0⤊ 0⤋