We had our car checked out at a mechanic prior to listing for sale. The mechanic confirmed there were no issues with the car. The person who purchased our vehicle three days ago claims that there are several mechanical issues and wants to either return it, have us pay the mechanical bills or take us to court. What are the rules for this as a private seller?????
2007-08-01 05:37:14 · 14 answers · asked by oxosasoxo 3 in Cars & Transportation ➔ Buying & Selling
Thanks everyone for the great answers!!
I am having a very hard time deciding on a best answer!
2007-08-03 07:27:35 · update #1
First you had your mechanic check it an it had a clean bill of health prior to the buyer purchasing it...
Second it is up to the buyer to ask you to allow him/her to take it to his/her mechanic prior to purchase to determine if it has any defects... this is their obligation to themselves to be money wise prior to purchase... (your buyer didn't do this, or the problems would have likely been found and spotted prior to purchase and buyer would have backed out or paid less for the car right?)
Third you sold the car in good faith with no known defects at that time... you were not hiding anything. You sold the car in AS IS condition...
Let them try to take you to court they do not have a leg to stand on the old latin term Crevat Emptor meaning "Buyer Beware)
http://en.wikipedia.org/wiki/Caveat_emptor
note: in order to win in court your buyer has a burden to prove that you knew of any and/or all known defects with the car and made intentional mistatements and or altered, or had the car doctored up to conceal defects prior to its sale...
a pretty steep hill if you ask me and a lot of proof necessary to do this
on the other hand.... you could have a private investigator check with the buyers neighbors, family & friends to see how this car was treated out side of your sight by this person... was it driven like a Fast and Furious car in the movies???
this could/would explain the thrashed up alleged condition of the car in just 3 days.... there are people out there who can destroy a car in 3 days... I know a few & I won't sell or loan them a car... period
sound like you may have met a con artist who may have successfully done this to others too...
check with local law enforcement authorities, check local courts for criminal cases under this persons name and date of birth (this is public record unless they are a minor also minors cannot enter into legally binding contracts another sticky thing)
consult with a local Attorney on the local laws in your state/area and the crevat emptor part, and mention that your mechanic gave it a clean bill of health prior to sale...
bet attorney will you tell same as I have told you
the buyer will have to take you to small claims court and prove a winning case.... its not likely buyer didn't have a mechanic of their own check it big mistake on buyers part judge will mention this to the buyer too...
or if they did get a mechanic to look at it with any defects found and they still bought it its still on them they won't/can't recover damages because if car was that bad buyer should have passed up on buying it...
This is the very reason car dealers have the AS IS sticker statement on the car and also it advises them to have their mechanic look at it prior to buying it..
Walt
2007-08-01 07:05:39 · answer #1 · answered by Ronk W 4 · 1⤊ 0⤋
You already went beyond what is required when selling a used car by having it checked out before you sold it. A private seller has no obligation to warranty a used vehicle at all. If the person wants to take you to court take what ever papers you have from your mechanic to show it was checked out and don't forget to ask the court for your court costs and any lost wages from the time you had to take off for court the law is on your side.
2007-08-01 05:51:29 · answer #2 · answered by Mark G 4 · 1⤊ 0⤋
It's their problem. They bought a used car and should have checked it over before they bought it. Used cars are sold "as is" and you are under no obligation to do anything for them, and they shouldn't be able to do anything to you, as long as you didn't intentionally misrepresent the condition of the vehicle. For example: telling them it has a new engine, if it doesn't. The buyer of a used car should expect some issues, and if they wanted a car with no problems, they should have bought a new car. Let them sue you, they don't have a case and probably couldn't find an attorney that would take it.
Next time, make sure the bill of sale you give the buyer states "sold in as-is condition" to further protect yourself.
2007-08-01 06:11:50 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I hope you had the buyer sign an "as-is" bill of sale. Otherwise, although the law is more in your favor, the buyer can cause you all kinds of misery and problems. He'll try to show that you knew about the problems when you sold the car, and didn't tell him. Do you have a written and dated report from the mechanic who inspected your car? Was it a licensed mechanic, or just a friend? What did he inspect?
2007-08-01 05:47:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Tell him the sale was as is, it's now his vehicle and to go ahead and "take me to court". Tell him if he returns it, not only will you not give him a refund but you will have the vehicle towed as abandoned and the bill for towing sent to him. Basically he has a case of buyers remorse and is bluffing. Play hard ball if you have to.
If he does follow though and file in small claims court, make sure you appear or he will win by default, and just tell the judge it was an "As is private sale of a motor vehicle" and it will go away.
2007-08-01 05:43:03 · answer #5 · answered by oklatom 7 · 2⤊ 0⤋
Grumpy1 you are either a lawyer or not a very bright person. Hire a lawyer?! There is no case! Once you get your check and sign the title the car with all of its problems is buyers'! You do not even need to have any as-is papers as all private sales in the US are AS-IS.
2007-08-01 21:05:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You have no obligation to pay for anything. If they are having problems with the car they can take it to the mechanic who inspected it and take it up with them. They are probably doing what everyone does after buying a car. Its called "buyers remorse" and it usually lasts for about 3 days. Some cases, longer. Maybe they think if they threaten you, you will feel obligated to giving back their money.
Consider your car SOLD.
2007-08-01 05:42:03 · answer #7 · answered by mac150 5 · 2⤊ 0⤋
Unless you lied to him about the condition of the car (and he is able to prove that) he is out of luck. Private sales of used cars are normally "as is" unless specific statements are included in the contract (e.g. seller will fix brakes within 5 days). He can take you to court but is not likely to win so would probably wind up paying you court expenses too.
2007-08-01 05:47:15 · answer #8 · answered by ghouly05 7 · 1⤊ 0⤋
Unless you have something written on the bill of sale indicating you have warrentied this car, tell the purchaser to get lost, after making sure his check has cleared.
2007-08-01 05:51:56 · answer #9 · answered by Tina F 2 · 0⤊ 0⤋
Vehicle is sold "As Is" when sold by a private party. Tell him to take you to court and then counter sue.
2007-08-01 05:40:44 · answer #10 · answered by Curtis 6 · 3⤊ 0⤋