I sold a car and need some legal help Please.

[fq007]

Alright so I sold my car about 25 days ago...the car had a rebuilt title so it was in an accident...I don't know the extent of the accident as it happened with one of the previous owners.

Anyways in the ad for the car that I put on rfd, craigslist, autotrader, etc...I said "the car had an accident in year 2003"...However, after getting the Used Vehicle Package, in it it stated that the accident really happened in 2005...That was my mistake as I did not remember the exact year of the accident, as the accident didn't happen with me.

So I got the Used Vehicle Package and showed it to the buyer, and he caught the date and told me that the accident was in 2005 and not 2003...I agreed with the statement and said if the Used Vehicle Package says its 2005 then it must be 2005 and I thought wrong when I put the ad up...I told him if he's okay with the car and would still like to buy it then good, but if not then I would happily refund his 200 deposit that he gave me. He said its okay and he would buy the car.

So everything was finalized, and I gave him the Used Vehicle Package, signed the ownership, and got him to sign a receipt that pretty much stated the car, price, and that I showed him the Used Vehicle Package, Safety, and E-Test

BUT Today after 25 days the buyer calls me and says the transmission blew and there are some other problems with the car, and that I lied to him when selling the car (i.e the accident dates) and that he will take me to small claims courts because of that...He said he already spoke to a lawyer and they have case, but he's just calling and telling me so in case if I want to refund some of their money. I said that I am not refunding money and you can do what you like.

Anyways, any advise on how I should deal with this problem?

Thanks.

[MoreMiles]

He's BS'ing you. It cost $400/h to speak to a lawyer. Once you consult one, it's at least $1000 in legal fees. Chances, he did not speak to one.

What did the sales contract say? Did it say something like "the buyer will have a chance to review Carfax report and pre-sale inspection. Therefore, there is no guarantee after the sale so buyer beware".

It's a used car. It is expected to have repair. If he wants a bumper to bumper warranty, he should get a brand new.

[VorteC]

Well what kind of case can he have against you? The UVP clearly states 2005. Did you write on some contract that it had an accident in 2003 as apposed to 2005?

[fq007]

He's BS'ing you. It cost $400/h to speak to a lawyer. Once you consult one, it's at least $1000 in legal fees. Chances, he did not speak to one.

What did the sales contract say? Did it say something like "the buyer will have a chance to review Carfax report and pre-sale inspection. Therefore, there is no guarantee after the sale so buyer beware".

It's a used car. It is expected to have repair. If he wants a bumper to bumper warranty, he should get a brand new.

The contract simply read:

The "buyer [name]" has agreed to buy the [Make and Model of Car] with Vin [Number] for XXXX amount. The buyer [name] has been notified about the rebuilt title, the car being in an accident previously, and the buyer has been shown safety certificate, e-test certificate, and the Used Vehicle Package from MTO.

The buyer and I both signed that.

[fq007]

Well what kind of case can he have against you? The UVP clearly states 2005. Did you write on some contract that it had an accident in 2003 as apposed to 2005?

there's no year specified on the receipt...I put the wrong year on car ads I put on internet

[fastlayne]

He's BS'ing you. It cost $400/h to speak to a lawyer. Once you consult one, it's at least $1000 in legal fees. Chances, he did not speak to one.

What did the sales contract say? Did it say something like "the buyer will have a chance to review Carfax report and pre-sale inspection. Therefore, there is no guarantee after the sale so buyer beware".

It's a used car. It is expected to have repair. If he wants a bumper to bumper warranty, he should get a brand new.

+1

OP, keep all the original copies, with signatures and let him take you to small claims.

He will have a tough time proving that a warranty or any other guarantee was given. He doesn't get 1 hour of warranty, let alone 25 days.

[zivan56]

He can't do anything about it. Worst case, even if he goes to small claims court (and it somehow gets the OK to proceed)...you tell them what happened and bring paperwork to prove it. Then it gets tossed out instantly.
They will probably laugh at him if he tries to file.

[fq007]

+1

OP, keep all the original copies, with signatures and let him take you to small claims.

He will have a tough time proving that a warranty or any other guarantee was given. He doesn't get 1 hour of warranty, let alone 25 days.

Thanks your right...I don't get the buyer...he said the transmission blew on the 2nd day, and he's calling me on the 25th day

[mkerian]

Thanks your right...I don't get the buyer...he said the transmission blew on the 2nd day, and he's calling me on the 25th day

Just hold your ground. You did nothing wrong, and you disclosed everything. The fact that he took so long to contact you about the transmission just sounds fishy.

Be calm but firm and say nope to any deal. If he gets abusive, tell him you're going to contact the police. Or just don't respond to his calls.

[Piro21]

He probably did something stupid and blew it himself. Hold your ground and don't give him anything that could be used as ammo

[ES_Revenge]

He's BS'ing you. It cost $400/h to speak to a lawyer. Once you consult one, it's at least $1000 in legal fees. Chances, he did not speak to one.
x2 the guy is talking out of his you know what. He never talked to any lawyer, LOL. Not unless he knows one personally and if he did they would probably have to tell him "sorry man I can't do anything for you"...

You disclosed everything you could about the car. The only thing I would have preferred to see in what you made him sign was that the car was sold as-is/where-is. However despite that not being there I don't see how he really has a leg to stand on unless you made any other statements about the car's condition.

I would just ignore him from now on. If he wants to take you to small claims, let him; but I'm sure it's just a bluff and he will eventually get lost if you don't pay him any attention.

[boyoflondon]

Is this guy serious? Especially after signing the above mentioned contract stating the vehicle was rebuilt?

Tell him not to waste your time ...

[tyfriend]

Kind of a d!ck move. But ignore his phone calls/messages.

[Kellster]

Sounds like he's fishing for money. Don't take the bait. Some people just live for trying to scam other people. Their brains are just wired all wrong.

[Billa-786]

I've seen a few queries like this one posted here and never found out the end result with the buyer who has been threatening.

Even if you don't mention the car is being sold as-is.....this is assumed when purchasing a used vehicle. (saw this on some tv court show...makes sense though) The buyer's only grounds are if he was lied to about a product.

btw what car and sold at what price?

[fq007]

I've seen a few queries like this one posted here and never found out the end result with the buyer who has been threatening.

Even if you don't mention the car is being sold as-is.....this is assumed when purchasing a used vehicle. (saw this on some tv court show...makes sense though) The buyer's only grounds are if he was lied to about a product.

btw what car and sold at what price?

I told him that that the accident happened in 2003 (that's what I had written on the internet ads), but after getting the UVIP from MTO it stated the accident happened in 2005...so before signing the bill of sale he was notified about the mistake I made in telling him the year the accident happened...he even said that since I told him the wrong accident date before, I should give him discount...I refused and he said its okay he'll buy it and then the bill of sale was signed...that's the lie he is claiming I told him.

He's also saying that in my ad I said that everything works perfect (which it did when I had teh car), but now after 25 days of driving his transmission blew, and he is telling me that I lied to him and I should have told him his transmission was going to blow

It was a 2003 Civic LX Coupe, sold for around 6K

[Kellster]

Unless you gave him a warranty with the car, he's S.O.L. It is a used car. If he wanted a warranty, he could spend the $20k and buy a new one (or buy that same used car from a dealer and pay thousands more than he paid you and still not be covered unless he bought a warranty too). The original warranty is up on that car, so if the transmission died on you, then you would be stuck with the repair. It's not like Honda would do anything for you, so why should the buyer expect anything from you? Who knows how he drove the car after he got it from you? He could do alot of damage in 25 days. He is fishing for money and bluffing.

[ES_Revenge]

He's also saying that in my ad I said that everything works perfect (which it did when I had teh car), but now after 25 days of driving his transmission blew, and he is telling me that I lied to him and I should have told him his transmission was going to blow
ROFL what so now he thinks a psychic service was included in buying the car? How the $%*@ were you supposed to know the transmission was going to "blow" a month later? I wonder if he would have still called you if it was 3 months later, or a year later. As said by someone else, this is a used car private sale, there is no warranty nor can one be expected.

It was a 2003 Civic LX Coupe, sold for around 6K
Wow a 6yr old Civic with a rebuilt title is still worth $6k? OT, but that's insane. I wouldn't pay 6k cents for it lol. I guess the buyer now has buyer's remorse over spending that much money on a 6yr old Civic, rebuilt or not, LOL. Tell him you have two words for him... Caveat emptor. :D

[Bwadd]

He got full disclosure from you and signed the Used Car Package... deal over, case closed, he has nothing on you at all!!

[theguyz]

Simple:

* he saw and signed the buyers contract ( sellers kit ).
* he registered in his name ( MTO ) and when registration takes place they will ask buyer and notify about wrecked car.
* Transmission etc, has nothing tod with safety or emissions
* car sold as-is unless you noted on paper warranty for anything
* ad said everything, but thats at time of purchase, he could had driven on race track afterwards or driven bad to cause damage
* transmission doe snot jsut blow, you have signs, sluggish, slipping he woudl had taken to mechanic earlier if he expereinced any issue like nay one with common sense
* accident does not really matter, only if fixed properly to get retitle. 2009 does not matter

He has no case, do not refund, if he even try and take you to court he looses.

[MS MSP]

He got full disclosure from you and signed the Used Car Package... deal over, case closed, he has nothing on you at all!!

bingo