Sold a used truck to someone now 2 weeks later they want me to give them their money back what do I do?

Question

Truck is a 1990 and the overdrive doesn't work and I told her it didn't work I only had it for 36miles myself when I found out I couldn't afford more car insurance. She has already driven it at least 40 miles herself. She is threatening to take me to court and I can't afford to lose. I work with this person. What should I do? Gossip is she's sending me a certified letter from a attorney. I live in Michigan. HELP PLEASE

No Bill of sale or anything in writing

Answer 1

It was a private car sale, as is, no returns. She cannot back out of the deal now, I take it the title has been released by you, and a title transfer is in progress putting the truck in her name. She cannot sue you for anything, if she asked questions that you answered honestly, she is out of luck. Don't let the office gossip scare you, she may be having a certified letter sent to you, but it won't get her money back. She should be told "may the buyer beware". If you are scared she will sue, contact a lawyer for a short talk, it won't cost you much, but will save you alot of worry, believe me, she doesn't have a leg to stand on. Too bad you have to see her day after day, next time conduct personal business away from the office or dealing with friends, don't do it, everybody thinks they have a case to sue. Good luck, chin up, life's good!

Answer 2

a used truck is what it is, a used truck. She had the choice to have it mechanically checked out if she had chosen to, she bought it as it was. Isnt that what they call buyer beware? you didnt force her to buy it and i doubt she can do anything about it. a letterhead from an attorney is usally a way of scaring you into doing something they cant make you do. I doubt an attorney would even take this case except to take her money, she will lose. Did you have any witnesses that heard you tell her of the faults? not that it matters,lol, you didnt have it long enough to know too much yourself. If you were a used car dealer it mite be a different story. stop letting her intimidate you. she's a big girl, you arent responsible for her decisions. unless of course you threatened her and MADE her buy it, lol. It was her choice, her decision and her loss, not yours.

Answer 3

I would think she is SOL on this one. You were up front, and frankly even if you were not, she has little recourse. As far as all this court and attorney stuff, she is bluffing. Anyone that buys a truck this old, and presumably inexpensive, likely does not have the money or time to take off of work to bother with an Attorney or the courts. Ignore her. If she persists and keeps calling, nail her for harassment. If she starts crap at work, it will be time to discuss this with a supervisor.

Generally anyone that goes this far for a truck worth this little, has no money and therefore does not have the ability to get counsel. Even if she did have money, no attorney would bother with this nickle and dime stuff.

Answer 4

In Massachusetts we have the lemon law. If you pay more than $700.00 for a vehicle, it must pass the State Inspection. I'm not sure if they would test that while doing the test.
Under $700.00 it's buyer beware... they own it.
But from what your saying, it doesn't sound like a high priced deal here. No bill of sale or anything. I say she's stuck with it.... unless she's a friend you don't want to lose.

Answer 5

Let her take you to court...she won't win. If you receive a summons for Small Claims court, bear in mind that you have the right to a jury trial...in a real court, where the judge cant oull any funny stuff, as they often do in small claims- so if she's stupid enough to sue, you might want to exercise that option. Once she sees that she will need a lawyer and all to proceed, she will probably drop the case. And if she shows up without a lawyer, unless she is very knowledgeable about the law, she will lose.

Answer 6

all of us assume this could be a pre-owned truck that's no longer longer coated by employing the producer's unique guarantee. if so, i'm afraid your daughter isn't in a stable undertaking. till the advertising broking is prepared that can assist you out, and the motor vehicle grow to be bought "as is", you're out of luck. you may continuously communicate with an criminal expert. And opposite to what between the solutions right here stated, maximum used autos bought by employing dealerships have some form of guarantee, frequently the broking's 2-3 month, 2-3000 mile one.

Answer 7

I do believe that most states if not all states have an "as is" policy on private sales. Individual to individual-no dealership involved. Even if you don't have a "bill of sale" stating as is you should be fine. Even if she denies that you told her about the overdrive problem, she still paid for the vehicle. She should have taken it to a mechanic to get it checked out before she bought it.

Answer 8

If you have a bill of sale stating "as is, no warranty" you should be fine, if not though, I'm not sure what might happen, but if she wants her money back because of mechanical repairs she hasn't had it long enough to claim it under the lemon law. In my state it has to be in the shop for more than a month out of the year to be considered a "lemon".

Answer 9

Let her take you to court.....your disclosure of the defect is more than enough to satisfy any judge that you sold the vehicle as is.

The only way she can get you is by having a signed bill of sale
that doesn't show a disclosure of the defect.

Keep away from her and let yor manager know about potential conflict at work.

regards,
R

Answer 10

i own a shop,and if I'm not mistaken even the law up there states that all vehicles are sold as is especially from an individual,so really its up to you if you really want to give her the money back,i don't think she can really do anything about it,but if you want to just to keep the gossip down,or what ever ,then you can buy it back from her,and repair it,and then maybe sell it for more than you did to her,either way its a gamble,good luck with it i hope this helps.