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My car is a well maintained and I never had engine problems. Even at that any type of problems. I drove it on the freeway to his dealership stand and heard no noises. He claims that if you drive for about five minutes it starts making noise, then goes away. He states he knows this type of cars very well and that V8 mustangs always have these problems.

2006-12-01 07:14:30 · 13 answers · asked by ruth c 1 in Cars & Transportation Buying & Selling

13 answers

the exchange of a check for a signed title constitues a binding contract if you sold it as is.

2006-12-01 07:18:39 · answer #1 · answered by steve b 5 · 3 0

Did he really say the engine is "clogged"? Sounds like he's an idiot. If you've already cashed the check, this dealer is on his own. As far as I know, Individual auto sales are always "as is" unless otherwise stated in writing. So it pretty much seems that the purchaser is own is own, and I hope he makes enough money selling the car to go to school and learn about internal combustion engines. Maybe the fuel filter or injectors need to be cleaned, but the enigine as a whole is not "clogged".

Hopefully, he's just full of hot air and is trying to get a better deal on your car. Not necessarily legal or moral, but I'll bet he offered you a lesser figure for the car just the same.

In the future, if you ever take a check for a car, go to the bank it's drawn on and cash it immediately. If it's a major dealership I would think about maybe taking a check, but for a guy with a used car stand, get cash or a cashier's check so that if something really does go wrong, your not forced to get back a broken car and or fight the whole mess out in court.

One other thing you might mention in your dealings with him is that he knows these cars as well as he says he does, why didn't he have a mechanic check it out before he bought it. Sounds like he messed up and is trying to back out, but he has no recouse to do so. Be firm and cash his check ASAP.

2006-12-01 08:06:26 · answer #2 · answered by Anonymous · 0 0

First of all if he knew they always had those problems, why did he buy it. You are in a bad spot right now. Legally he owns the car whether you have the money or not. The title is his. If he wants to return the car and back out take it. Otherwise you would have to sue him for the money. Expensive and difficult.
If he stops payment on the check and keeps the car, your in trouble. If you get it back or ever sell another car. Only accept a certified check, money order, or CASH!!!!
Did you sell it to a dealership? if so he can't stop payment on the cheque. It was his responsibility to have the car checked out before buying it. You sold it as is. no guaranty. He should have driven the car for awhile to check out any problems. It's his problem.

2006-12-08 17:08:11 · answer #3 · answered by ? 6 · 0 0

Did you make any faults statements when you sold him the car? If not and you have the maintenance records of the car take him to court. you have to be able to prove that you took care of the car. Also all personal sales of cars in just about any state is a buyer beware. Is he willing to get a refund on the car and turn the car back over too you? see if he will do that and sell it to someone else. If he knew ALL MUSTANG V8's had this problem why did he bother to buy the car in the first place? I think he is blowing hot air. see if he is willing to surrender the car and you refund his money. Other wise get your proof together and take him to court.

2006-12-01 07:24:42 · answer #4 · answered by gearnofear 6 · 0 0

Sounds like a scam to me. First never take a check from a stranger. I know it sounds crass and untrusting but those words are backed up by untold gigatons of pain. If this guy is a car dealer you may want to talk to a lawyer. There may be some remedy especially since he is supposed to be a professional and should be able to spot a "bad" car before any money changes hands blah blah blah-a slick shyster should be able to convince him that what he did has the aroma of fraud and you may even be able to get a bit of punitive out of him along with the compensation.

2006-12-01 08:22:35 · answer #5 · answered by nextbigthing 1 · 0 0

This is going to be a problem. This happened to me years ago so I don't accept personal checks anymore. I agree that the gentleman bought the vehicle as is unless there is specifications on the bill of sale. Try to work it out with the purchaser, otherwise you will have to take him to court or be out your money and your car.

2006-12-01 07:23:23 · answer #6 · answered by Delondra D 1 · 3 0

used cars are sold as is unless stated otherwise If he refuses to sign it back over to you call the cops. you NEED a police report for court..If u dont he gets the car and the money

2006-12-01 07:29:16 · answer #7 · answered by Anonymous · 0 0

why didn't you cash the check? Did you say it was a dealership you sold it to - thats an easy one - what jury would find for a car dealership

2006-12-01 07:37:04 · answer #8 · answered by Anonymous · 0 0

take it to a mechanic to get it inspected and get a statement telling you whnats wrong/not wrong with the car

save the cancled check bank statements repcits

pictures of the car and vin

sue his *** in small claims court

2006-12-01 09:31:49 · answer #9 · answered by Gabe 3 · 0 0

Used car private sale as is BUYER BEWARE sue the **** outta the dude

2006-12-01 15:33:15 · answer #10 · answered by bigkingsnake 2 · 0 0

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