We just sold our Cavalier because we bought a new (used) vehicle. We sold it for $900 to a girl who had several people (including a mechanic) look at it. The car had what sounded like a valve tap, and they knew it when they bought it. Her mechanic friend said the car would probably last another year or two at least if she drove it easy. Hubby said her dad drove it kinda hard when they took it for a test drive. I'd been driving the car 50+ miles every day and had not had any issues with it.

Hubby just got a nasty call from the buyer saying the car broke down on her way back from MVA (I guess she got a T-tag). She said she was going to take us to small claims court. :rolleyes: Hubby told her to call her mechanic friend, not him. I told hubby we should have made a bill of sale clearly stating "as is" on it, but he said we didn't need it. She said it didn't say "as is" on the for sale sign, and his reply was, "Did it say there was a warranty?"

So, if she did bring us to small claims, can they do anything? I mean, duh, it's a used car from a private seller.

caveat emptor

We just sold our Cavalier because we bought a new (used) vehicle. We sold it for $900 to a girl who had several people (including a mechanic) look at it. The car had what sounded like a valve tap, and they knew it when they bought it. Her mechanic friend said the car would probably last another year or two at least if she drove it easy. Hubby said her dad drove it kinda hard when they took it for a test drive. I'd been driving the car 50+ miles every day and had not had any issues with it.

Hubby just got a nasty call from the buyer saying the car broke down on her way back from MVA (I guess she got a T-tag). She said she was going to take us to small claims court. :rolleyes: Hubby told her to call her mechanic friend, not him. I told hubby we should have made a bill of sale clearly stating "as is" on it, but he said we didn't need it. She said it didn't say "as is" on the for sale sign, and his reply was, "Did it say there was a warranty?"

So, if she did bring us to small claims, can they do anything? I mean, duh, it's a used car from a private seller.

Did you sell it as is?

Was a bill of sale required? Depends on year/book value. If so, should have said "as is" on it. Generally though, buyer beware because you offered no warranty.

Did you sell it as is?

Who has ever purchased a used car from a private seller in any other condition?


A generalization is "The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud." And even then ...

We just sold our Cavalier because we bought a new (used) vehicle. We sold it for $900 to a girl who had several people (including a mechanic) look at it. The car had what sounded like a valve tap, and they knew it when they bought it. Her mechanic friend said the car would probably last another year or two at least if she drove it easy. Hubby said her dad drove it kinda hard when they took it for a test drive. I'd been driving the car 50+ miles every day and had not had any issues with it.

Hubby just got a nasty call from the buyer saying the car broke down on her way back from MVA (I guess she got a T-tag). She said she was going to take us to small claims court. :rolleyes: Hubby told her to call her mechanic friend, not him. I told hubby we should have made a bill of sale clearly stating "as is" on it, but he said we didn't need it. She said it didn't say "as is" on the for sale sign, and his reply was, "Did it say there was a warranty?"

So, if she did bring us to small claims, can they do anything? I mean, duh, it's a used car from a private seller.
How long was the car in her possesion before it broke down? What is the actual problem w/ the veh?

Wouldnt you be pissed off if you bought a car and on the way back from gettign Temporary Tags it broke down?

caveat emptor

Was a bill of sale required? Depends on year/book value. If so, should have said "as is" on it. Generally though, buyer beware because you offered no warranty.

Who has ever purchased a used car from a private seller in any other condition?


A generalization is "The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud." And even then ...

Yeah, buyer beware! I mean, it was a 97 Cavalier with 170K miles and a valve tap! Who in the world would think it's NOT as is? :roflmao:

I mean, we COULD have changed the oil and put a heavy oil in to try to quiet the tap, but we didn't.

Wouldnt you be pissed off if you bought a car and on the way back from gettign Temporary Tags it broke down?

Sure it would but that's where the term "buy beware" comes from. If Cowgirl didn't misrepresent the condition of the car, nothing can be done. Private sales are generally "as is" so TFB.

How long was the car in her possesion before it broke down? What is the actual problem w/ the veh?

Wouldnt you be pissed off if you bought a car and on the way back from gettign Temporary Tags it broke down?


She bought the car on Sunday. I had seriously driven it every single day until we parked it for sale (it was for sale for one week). I mean, it's a $900 car. What do you expect? I'm suspecting she drove it hard and that's why it has issues. Or it's something stupid like a fuel pump.

Sure it would but that's where the term "buy beware" comes from. If Cowgirl didn't misrepresent the condition of the car, nothing can be done. Private sales are generally "as is" so TFB.

She bought the car on Sunday. I had seriously driven it every single day until we parked it for sale (it was for sale for one week). I mean, it's a $900 car. What do you expect? I'm suspecting she drove it hard and that's why it has issues. Or it's something stupid like a fuel pump.

I would be pissed if I was out $900 after the veh breaks down after only having it for 2 days. That is bull #### IMO. Sure buyer beware but come on :rolleyes:

She can take you to small claims court she may or may not win, if I were the judge though I would more than likely side with her :shrug:

I would be pissed if I was out $900 after the veh breaks down after only having it for 2 days. That is bull #### IMO. Sure buyer beware but come on :rolleyes:

She can take you to small claims court she may or may not win, if I were the judge though I would more than likely side with her :shrug:

Happens all the time...and sometimes people actually KNOW there's an issue and don't disclose it. She won't win.

I would be pissed if I was out $900 after the veh breaks down after only having it for 2 days. That is bull #### IMO. Sure buyer beware but come on :rolleyes:

She can take you to small claims court she may or may not win, if I were the judge though I would more than likely side with her :shrug:

Well, what would you do in our situation? Give her the money back after not knowing how she treated the car for the past 2 or 3 days? How do we know she didn't play race car with it? Is it our fault it ran and drove when she bought it and then broke down?

I mean seriously, would YOU give her her money back if you sold it to her? Really? C'mon.

let her take you to court. The cost of going to small claims is not alot, but it still cost money. She paid $900 for the car, therefore she more then likely dosn't want to spend a lot of money or doesn't have it. Also when or IF you go to court it's your word vs. hers and it is up to the judge. From what I've read you have not hidden anything for the person and I'm not 100% sure but if you're selling or buying something from someone, not a store of any kind then the item would be considered "AS IS".

Happens all the time...and sometimes people actually KNOW there's an issue and don't disclose it. She won't win.:yeahthat:

I would be pissed if I was out $900 after the veh breaks down after only having it for 2 days. That is bull #### IMO. Sure buyer beware but come on :rolleyes:

She can take you to small claims court she may or may not win, if I were the judge though I would more than likely side with her :shrug:

Based on your argument then what IS the acceptable time frame? 10 days? 10 years? 200K miles? 1 million miles?

Like ftcret & others have said: Caveat Emptor.

An old car sold for that dollar amount has no express or implied warranty. She doesn't have a leg to stand on.

For future reference though, ALWAYS write up two bill of sales with the term "sold as is" written on them. You can even list things such as "engine tap" on them. Have the buyers sign one you keep, give them the other.

Well, what would you do in our situation? Give her the money back after not knowing how she treated the car for the past 2 or 3 days? How do we know she didn't play race car with it? Is it our fault it ran and drove when she bought it and then broke down?

I mean seriously, would YOU give her her money back if you sold it to her? Really? C'mon.

Honestly? I wouldnt have taken the risk in selling it knowing that it had issues and that many miles in the first place. I would have just taken trade it in. If for some reason I did decide to sell it I would have made sure there was a sales contract stating it was being sold as is and list the issues and amount of miles at the time of the sale.

We sold our 95 ford taurus station wagon that had 96k miles on it. It did have a few issues so I took it to Mr Tire had them do the inspection, fix any underlying issues and get it MD state inspection ready. It cost about $400. We then sold the car for $1300. I wouldnt feel right selling a car to someone knowing it could possibly break down. Maybe because we dont have a lot of money and I know I would be heart broken if someone did that to me.

Tell them to take it to one of the dealers offering $4000 for anything you can push, pull, or drive on to the lot. That way they will be $3100 to the good.

Honestly? I wouldnt have taken the risk in selling it knowing that it had issues and that many miles in the first place. I would have just taken trade it in. If for some reason I did decide to sell it I would have made sure there was a sales contract stating it was being sold as is and list the issues and amount of miles at the time of the sale.

We sold our 95 ford taurus station wagon that had 96k miles on it. It did have a few issues so I took it to Mr Tire had them do the inspection, fix any underlying issues and get it MD state inspection ready. It cost about $400. We then sold the car for $1300. I wouldnt feel right selling a car to someone knowing it could possibly break down. Maybe because we dont have a lot of money and I know I would be heart broken if someone did that to me.

Sooo... if the Taurus broke down the next day anyway for some other unseen problem, would you give the money back?

Based on your argument then what IS the acceptable time frame? 10 days? 10 years? 200K miles? 1 million miles?
So if you personally bought a car and it broke down 2 days later you would be fine with that?

Exactly I didnt think so.

We can all say buyer beware, but when if it happened to you personally I think you would feel differently.

So if you personally bought a car and it broke down 2 days later you would be fine with that?

Exactly I didnt think so.

We can all say buyer beware, but when if it happened to you personally I think you would feel differently.No one would be happy but that's the risk you take when purchasing an old car. It's also why the law stands behind the seller.

The buyer had their mechanic look at it. What more could CG have done?

So if you personally bought a car and it broke down 2 days later you would be fine with that?

Exactly I didnt think so.

We can all say buyer beware, but when if it happened to you personally I think you would feel differently.

Feelings have no play in a legal transaction. The bottom line question is who is legally liable for the repairs on a vehicle after the transaction has taken place.

Sooo... if the Taurus broke down the next day anyway for some other unseen problem, would you give the money back?
That is a mute question, I had the car inspected and a certificate that it was in working order and there were no issues.

We also made sure that we had a sales contract. It was signed by myself and the person we sold the car to it stated it was being sold as is, current miles, and a copy of the inspection certificate that it was in working order from Mr Tire. We kept a copy they signed, and they received a copy with their signature

So if you personally bought a car and it broke down 2 days later you would be fine with that?

Exactly I didnt think so.

We can all say buyer beware, but when if it happened to you personally I think you would feel differently.

Well of course I would not be happy HOWEVER, I am no longer a 15 year old kid so I understand the risks associated with buying $900 cars as well as $9000 cars, sometimes you get what you pay for. It is unfortunate but a life lesson that sometimes is learned the hard way. Kind of like failing a class in school or not being the best at sports/losing a game. It happens, learn from it, be stronger on your own and don't expect life to be fair or to owe you something. Life, if it were easy, the Air Force would do it.

That is a mute question, I had the car inspected and a certificate that it was in working order and there were no issues.

We also made sure that we had a sales contract. It was signed by myself and the person we sold the car to it stated it was being sold as is, current miles, and a copy of the inspection certificate that it was in working order from Mr Tire. We kept a copy they signed, and they received a copy with their signature

so those words would have absolved your personal feelings of anguish for the wrong perpetrated on the innocent ...

:elaine:

No one would be happy but that's the risk you take when purchasing an old car. It's also why the law stands behind the seller.

The buyer had their mechanic look at it. What more could CG have done?

Feelings have no play in a legal transaction. The bottom line question is who is legally liable for the repairs on a vehicle after the transaction has taken place.

I know I know, but it pisses me off that people on here are like "oh go tell her to pound sand sucker ha ha ha"

I know I know, but it pisses me off that people on here are like "oh go tell her to pound sand sucker ha ha ha"

Must have missed the 'go pound sand post'... advice to CG on her question and limitations of a bratty kid threatening to take her to court

so those words would have absolved your personal feelings of anguish for the wrong perpetrated on the innocent ...

:elaine:

I wouldnt have sold with out having the issues fixed in the first place. I also had it inspected so again your questions is baseless because I made sure it was in working order.


If I were Cowgirl I would ask her to take it to see why exactly it broke down and go from there.

Oh and BTW the woman still owns the Taurus and it runs fantastic :smile:

I wouldnt have sold with out having the issues fixed in the first place. I also had it inspected so again your questions is baseless because I made sure it was in working order.


If I were Cowgirl I would ask her to take it to see why exactly it broke down and go from there.

Oh and BTW the woman still owns the Taurus and it runs fantastic :smile:

Cowgirl should take responsibility for nothing having to do with the car at this point. Would imply ( give the appearance of) prior knowledge of anything faulty with the car.

I wouldnt have sold with out having the issues fixed in the first place. I also had it inspected so again your questions is baseless because I made sure it was in working order.


If I were Cowgirl I would ask her to take it to see why exactly it broke down and go from there.

Oh and BTW the woman still owns the Taurus and it runs fantastic :smile: So you would put another $900 into a car and then sell it for $900...because you'll never get the repair money out of it. I'm buying my next used car from you.

So you would put another $900 into a car and then sell it for $900...because you'll never get the repair money out of it. I'm buying my next used car from you.

I said I would have traded the car in and never sold it to begin with :smile:

We repaired our car first before selling it, and I did recoup the $400 we spent to have minor issues fixed. I didnt want to have issues like this arrise.

I said I would have traded the car in and never sold it to begin with :smile:

We repaired our car first before selling it, and I did recoup the $400 we spent to have minor issues fixed. I didnt want to have issues like this arrise.Sold many cars in my life and never had someone try to return it and if they did try.......sorry, you buy a car privately and you accept everything that comes with it.

Honestly? I wouldnt have taken the risk in selling it knowing that it had issues and that many miles in the first place. I would have just taken trade it in. If for some reason I did decide to sell it I would have made sure there was a sales contract stating it was being sold as is and list the issues and amount of miles at the time of the sale.

We sold our 95 ford taurus station wagon that had 96k miles on it. It did have a few issues so I took it to Mr Tire had them do the inspection, fix any underlying issues and get it MD state inspection ready. It cost about $400. We then sold the car for $1300. I wouldnt feel right selling a car to someone knowing it could possibly break down. Maybe because we dont have a lot of money and I know I would be heart broken if someone did that to me.

We bought our car from a small dealer that did not take trade ins, so that option was out for us. :frown:

Honestly, I understand it's frustrating to buy a car and have it break down, but if you want a reliable car you'd pay more money and buy one inspected. I feel bad that the car broke down, but I honestly feel like I could have driven the car for a long while longer and had no issues. I can't control how she treats the car. I feel bad for her, but I don't view it as our responsibility.

We bought our car from a small dealer that did not take trade ins, so that option was out for us. :frown:

Honestly, I understand it's frustrating to buy a car and have it break down, but if you want a reliable car you'd pay more money and buy one inspected. I feel bad that the car broke down, but I honestly feel like I could have driven the car for a long while longer and had no issues. I can't control how she treats the car. I feel bad for her, but I don't view it as our responsibility.

:dingding:

Under MD law all auto sales between private individuals are "AS IS".

That's a chance you take buying an older car with high miles.. Even if it has an inspection ticket that doesn't mean a thing today.. (People can buy them).

Oh, and Lovin, my dad did have this happen to him once. He paid $800 and bought a little truck from a friend. It caught fire on the way home. His friend agreed to give him half of his money back, but he didn't have to.

Oh, and Lovin, my dad did have this happen to him once. He paid $800 and bought a little truck from a friend. It caught fire on the way home. His friend agreed to give him half of his money back, but he didn't have to.

Reading over this thread a few times, and looking at the thread title several times, I'm thinking, yep...you should have worn a body condom. :yay:

I don't view it as our responsibility.

And there ya go. It's not your responsibility.

That's a chance you take buying an older car with high miles.. Even if it has an inspection ticket that doesn't mean a thing today.. (People can buy them).Nor can an inspection ticket guarantee engine performance. It could throw a rod driving away from the inspection station.

That is a mute question, I had the car inspected and a certificate that it was in working order and there were no issues.

We also made sure that we had a sales contract. It was signed by myself and the person we sold the car to it stated it was being sold as is, current miles, and a copy of the inspection certificate that it was in working order from Mr Tire. We kept a copy they signed, and they received a copy with their signature

The question is moot. :coffee:

The question is moot. :coffee:

Thanks, I was confussed. I thought maybe she was talking about a dog.





sorry Lovin

The question is moot. :coffee:

Time wasted, the concept of hypothetical is lost as well.

Thanks, I was confussed. I thought maybe she was talking about a dog.





sorry Lovin

I hated to correct her, but my filter is broken. :smile:

Oh, AND I just wanted to say that D told the buyer she was more than welcome to get the car inspected (on her dime) and we would take it to a shop if they wanted! So she had the opportunity to get it inspected so she would know what was needed on the car. But, she didn't.

Oh, AND I just wanted to say that D told the buyer she was more than welcome to get the car inspected (on her dime) and we would take it to a shop if they wanted! So she had the opportunity to get it inspected so she would know what was needed on the car. But, she didn't.

If she does sue you, I hope you choose to have your dispute settled by a TV judge!

The question is moot. :coffee:

Thanks, I was confussed. I thought maybe she was talking about a dog.





sorry Lovin

:mad: :drama:

Thanks, I was confussed. I thought maybe she was talking about a dog.


I missed that earlier. :lmao:

If she does sue you, I hope you choose to have your dispute settled by a TV judge!

That would be cool! :clap:

Just an update...She bought the car on Saturday, not Sunday, so she had the car for 4 days. One can do a lot of damage to a car in 4 days. Not only was she rude on the phone, but one of her friends (or boyfriend) called and got nasty with D and said, "We can do this the easy way or we can do this the hard way." :rolleyes: The shop told her the cam shaft in the engine was broken.

So, D isn't going to answer any more of her calls. She can sue us if she wants. We honestly feel badly for her, but it's not our problem. The car ran until she bought it.

Bottom line is that you let her bring HER OWN MECHANIC in and inspect the car before it was sold.
CASE CLOSED.

My husband sold a truck years ago and the same thing happened. I dont remember the exact details but it broke down a few days later. The buyer was upset and threatened to call the police and take him to court. My husband disclosed to the buyer everything he knew that was wrong with the truck when the guy looked at it. My husband told the guy to do whatever he needed to do but he wasn't getting the money back. He never heard from him again after that 1 phone call.