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I sold my car, but the buyer is upset... - Page 3

post #31 of 135
this is why I do a thing called a pre-purchase inspection. I suggested this to a kid buying my motorcycle last year. There were no problems but it's just piece of mind.
post #32 of 135
Thread Starter 
Quote:
Originally Posted by marg View Post
you're looking for legal advice from a forum about men's clothes...find a lawyer

No, I'm not looking for legal advice, I'm looking for ethical advice or "What would a SF gentleman do in this situation" though I have to say her approach is leading me away from any assistance.
post #33 of 135
sounds like she thinks it's worse than it probably is. Tell her you know a thing or two about cars and also have a trustworthy mechanic and that whatever sound she's hearing it's the same as waht you had and you're confident it's nothing to worry about. Then cover your ass by saying you did tell her about it, and suggested she get it inspected and she declined. Keep everything verbal, assure her it's all good and wish her luck. end with 'goodbye'.
post #34 of 135
Most states have "lemon law" applicable to used cars and such laws include private sales. Check your state laws. It could be from a couple of days to a whole month on used cars sold by private parties. I am fairly certain that you are liable for any repairs if the car is broken. In some states person can return defective car to the seller within certain period and receive full refund.
post #35 of 135
I'm sorry, but you are not just wrong you have it ass backwards.

Only a very few states, such as Massachusetts, have more strict private sales laws. Even in those states, the malfunction would have to be related to a safety issue or drivability, not applicable here. Further, the buyer, not the seller, has the burden of proving that the seller failed to disclose. The seller, in this case, has consistently maintained he did make disclosure so it is not likely she could prove it, even if it was required. And the Lemon Law, or Lemon Aid Law does not require the seller to pay for repairs, rather, if the car is found to have been knowingly misrepresented as it relates to a serious safety or drivability issue then the buyer can return the car for a refund, less a fixed cost (on average .15 a mile) times the mileage.

It would be interesting to know what state the seller lives in? Unless it is one of the (Okay, I'll just say it) ultra-liberal states like the aforementioned Massachusetts, the seller has nothing to worry about and even if it is one of those states, in this instance, the seller STILL has nothing to worry about.

Updated from www.carsdirect.com:

"When buying a pre-owned car, it might be covered by a used car lemon law. Different states have different laws and regulations. As a general rule, though, used car lemon laws only apply to sales from an actual dealer. That means that private seller car purchases are usually not covered by any type of used car lemon law. Most state regulations for "implied warranties" also apply only to dealer sales. That means that cars purchased from private sellers are generally considered "as is" without much in the form of recourse if a problem arises."

The Federal Trade Commission's (FTC) Used Car Rule requires dealers, not private sellers, to post a Buyers Guide in every used car they offer for sale. The Buyers Guide must tell you:

•whether the vehicle is being sold "as is" or with a warranty;
•what percentage of the repair costs a dealer will pay under the warranty;
•that spoken promises are difficult to enforce;
•to get all promises in writing;
•to keep the Buyers Guide for reference after the sale;
•the major mechanical and electrical systems on the car, including some of the major problems you should look out for; and
•to ask to have the car inspected by an independent mechanic before you buy.

Private sellers generally are not covered by the Used Car Rule. Private sales usually are not covered by the "implied warranties" of state law. That means a private sale probably will be on an "as is" basis, unless the purchase agreement with the seller specifically states otherwise. If their is a written contract, the seller must live up to the promises stated in the contract. It sure does not sound to me like the seller here gave the lady a written contract of promises or warranties relating to the car.

You are talking out of you a**!
post #36 of 135
Quote:
Originally Posted by Douglas View Post
yeah, fuck her. at this point all i'd do is send a return text. "i'm sorry you're having trouble, but you bought a car in as-is condition sold to you in good faith. the sale is final. good luck."
This.
post #37 of 135
30 feet or 30 seconds, that's the return policy for personal private transactions.
post #38 of 135
There could have been an intervening cause that exacerbated the existing condition or even created a new mechanical "problem". This woman could be a huckster out to grab you by the nuts until you pay her to go away. You sold a used car......that makes you a used car salesman. As such, you need to develop that greasy haired, polyester suit, toothy grin and say " I told you girlie, ya shoulda brung it to yer mechanic before you bought the car." You gotta be him...
post #39 of 135
Quote:
Originally Posted by Douglas View Post
yeah, fuck her. at this point all i'd do is send a return text.

"i'm sorry you're having trouble, but you bought a car in as-is condition sold to you in good faith. the sale is final. good luck."

Based on your latest interaction with her, ^ +1.

She's just being unreasonable. You have no reason to be a gentleman at this point. Stonewall.
post #40 of 135
You probably lost your chance to get a date once the car sold. No reason to pay her anything and rub salt in the wound.
post #41 of 135
Quote:
Originally Posted by WorkingOnIt View Post
She's just being unreasonable. You have no reason to be a gentleman at this point. Stonewall.

Agreed.

Your mechanic was right: she was an adult making an adult decision. She didn't use her head and now wants you to pay for it from your wallet. It was irresponsible (frankly, just plain dumb) on her part not to take the car to be inspected by her mechanic. You could have told her the car had 12 miles on the odometer, got 50 mpg, and microwaved a pizza while she drove but she still should have had the thing looked at since it was used and used things often have problems here or there.

You're being a nice guy, it's commendable, but don't be guilted into her mess. You sold the car the way you would have wanted someone to sell it to you. Done.
post #42 of 135
Young people do stupid things. Personally I'd feel bad but I'm not sure I'd give her money back... I did once sell a piece of shit Jetta to some teenager for $1,500 or something like that, money he'd saved for a year or something, he said. He took it to a dealership and had it inspected. Of course the thing failed with flying colours - gotta take those things to independent mechanics. The shop told him the wheels were going to fall off. I don't believe that was true, but after much consideration and a conversation with his parents, I decided just to do the right thing and buy the car back from him. My justification was that the world will fuck him over soon enough and destroy his youthful spirit, I didn't need to hasten it. $1,500 was a lot more to him than I and I eventually sold it for a bit less to some hick who hauled it off on a flatbed and was never heard from again.
post #43 of 135
....women drivers........
post #44 of 135
Quote:
Originally Posted by Carlisle Blues View Post
There could have been an intervening cause that exacerbated the existing condition or even created a new mechanical "problem".

This woman could be a huckster out to grab you by the nuts until you pay her to go away.

You sold a used car......that makes you a used car salesman. As such, you need to develop that greasy haired, polyester suit, toothy grin and say " I told you girlie, ya shoulda brung it to yer mechanic before you bought the car."

You gotta be him...

I don't appreciate my likeness being used in this thread without authorisation
post #45 of 135
If you're interested in being a "gentleman" you should offer to take the car back and return her money. If you're interested in being a used car salesman then all the above advice applies. Honestly, a clunk in the transmission is not right. You should get that fixed before you sell privately. If you don't want to do that then sell it to a dealer--they will know what an "intermittent clunk" could mean and pay you accordingly. You may not have any legal responsibility but that does not mean you are morally correct.
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