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I sold my car, but the buyer is upset...

Discussion in 'Fine Living, Home, Design & Auto' started by borderline, Jun 21, 2011.

  1. Joffrey

    Joffrey Senior member

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    Do what Douglas said.
     
  2. svd

    svd Senior member

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    Never would have bought a car with a 'clunking sound' but if I was the girl I'd be insulted by $100. Better to pay nothing.
     
  3. NorCal

    NorCal Senior member

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    Dear XXX,

    I am very sorry to hear you are experiencing problems with the vehicle you purchased from me. As I am sure you know, there are risks inherent in purchasing any used car in a private sale, and it is the responsibility of the buyer to have the car thoroughly checked out for any mechanical issues. Even then, there are risks inherent in owning any vehicle, and repairs are simply part of the total cost of owning a car.

    You may recall that in your test drive, I did draw attention to an occasional issue with the transmission, and you declined to take the car on the highway or to take the car to a mechanic. The issues you are experiencing are beyond anything I ever experienced with the vehicle, and there is no way to know if they are even related. In any case, I did sell you the vehicle in good faith, in as-is condition, and at a steep discount to the listed blue book value. You got a good deal.

    The sale is legally binding and completed. It is clear I have no further legal obligations in this matter. However, as a further gesture of my good faith, I am willing to contribute $300 (or $100, or $500, or whatever you are comfortable with to assuage any guilt you feel) to your repairs. Please let me know your mailing address and I will mail a check to you.

    I trust that this concludes our business. I wish you all the best with your new vehicle.

    Sincerely,

    borderline


    This, but pay cash and consider not putting it in writing. Maybe meet and tell it to her in person and hand over some cash. If she has a problem after that or seems as though she will not be satisfied keep the money and tell her to call a lawyer.
     
  4. JayJay

    JayJay Senior member

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    Nah, don't do that.
    +1. The deal is done, don't prolong it.
     
  5. borderline

    borderline Senior member

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    I haven't contacted her. Just got a text. "This is definitely not normal, I'm taking it to my mechanic. If you don't help I'm taking you to court. I'm sorry."

    So at least I know what her next move is. I am thinking though that I would definitely win in court and have to pay nothing. Maybe I should just see how it plays out? Or I can say "This is what I'm willing to pay, if you don't like it, take me to court and see how that goes."
     
  6. origenesprit

    origenesprit Senior member

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    I haven't contacted her. Just got a text. "This is definitely not normal, I'm taking it to my mechanic. If you don't help I'm taking you to court. I'm sorry."

    So at least I know what her next move is. I am thinking though that I would definitely win in court and have to pay nothing. Maybe I should just see how it plays out? Or I can say "This is what I'm willing to pay, if you don't like it, take me to court and see how that goes."


    She's bluffing, but if she is actually willing to take you to court, be very very careful what messages you send her, and you probably shouldn't pay anything, as it may imply guilt. Have any lawyer friends that can advise you?
     
  7. LatinStyleLover

    LatinStyleLover Senior member

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    Dude, come on!!! It was one thing when you were just trying to be a nice guy for the sake of being a nice guy, but now she is pretty much telling you that the problem is YOURS, not hers. On principle, the principle being personal responsibility, you cannot give her a dime. Are you seriously kidding me? Take YOU to court? Over what?

    This reminds me of the current season of the Bachelorette. Some guy named Brantley or Bradley, only came on to the show to promote his business, whatever that is. One of her friends called her and warned her about this guy, that he was only there to promote his business, so she had reason to doubt his authenticity. She still believed him. He decides he cannot take it anymore as he is actually repulsed by the current bachelorette, so he makes up a story that he misses his daughter too much and needs to get back home to her. She is crazy about this guy and is devastated. While filming him in those testimonial booths or whatever, he is making fun of her, saying she is ugly, has no personality, and that the only thing she would be good for is a quick lay. I mean this guy is on the same level as the guy in CA who killed his pregnant wife, Scott Petersen, that is how bad this guy is. She has no idea how he really feels and the show hasn't told her, at least not yet. She looks like a complete fool as she whines on and on about how great he is, how she really cares about him, all the while he is laughing at her.

    In this instance you are the Bachelorette and the woman who bought the car is this Brantley guy. You are here on this site, the majority of us telling you that an "as is" sale is "as is" whether stated in writing or not. You owe her nothing, period. Meanwhile you seem to be riddled with guilt over this for no reason. Now, she makes it clear you are the enemy, that she will take you to court if necessary. You still are not certain what to do here? Come on, it is time to "go to the mattresses!"
     
  8. grundletaint

    grundletaint Senior member

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    At this point don't do anything until you are summoned by a damn judge.
     
  9. Douglas

    Douglas Senior member

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    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."
     
  10. marg

    marg Senior member

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    you're looking for legal advice from a forum about men's clothes...find a lawyer
     
  11. poissa

    poissa Senior member

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    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.
     
  12. borderline

    borderline Senior member

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    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.
     
  13. Master-Classter

    Master-Classter Senior member

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    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'.
     
  14. Medwed

    Medwed Senior member

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    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.
     
  15. LatinStyleLover

    LatinStyleLover Senior member

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    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**!
     
  16. intent

    intent Senior member

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    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.
     
  17. sonick

    sonick Senior member

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    30 feet or 30 seconds, that's the return policy for personal private transactions.
     
  18. Carlisle Blues

    Carlisle Blues Senior member

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    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...[​IMG]
     
  19. WorkingOnIt

    WorkingOnIt Senior member

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    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.
     
  20. Benzito

    Benzito Senior member

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    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.
     

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