Seller Protection?

[Cowgirl]

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. 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.

 

[ftcret]

caveat emptor

 

[cattitude]

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. 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?

 

[cattitude]

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.

 

[ftcret]

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 ...

 

[lovinmaryland]

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. 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?

 

[Cowgirl]

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?

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

 

[cattitude]

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.

 

[Cowgirl]

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.

 

[lovinmaryland]

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

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:

 

[cattitude]

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

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.

 

[Cowgirl]

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

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.

 

[SD1492]

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".

 

[Vince]

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

 

[ftcret]

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

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?

 

[Baja28]

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.

 

[lovinmaryland]

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.

 

[Ken King]

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.

 

[ftcret]

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?

 

[lovinmaryland]

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.