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Home > Law > Other Law   »   Sold car "As Is" buyer now wants a refund

 
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Old May 21, 2008, 09:51 AM
zed2008
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Sold car "As Is" buyer now wants a refund

Hi, two days ago I sold a car that I was not aware had any issues. When the buyer was looking they drove it and looked at it extensively. I had driven the car regularly without any issues, but had just purchased another car. The purchaser did initially have a couple of concerncs and wanted me to take it to a mechanic for an inspection. They were going to leave a $100.00 deposit. I did not think it was worth my while and they left. Later in the evening, the buyer called me back and made an offer. I drove the car about 45 miles to meet half-way and delivered the car the next day. We signed a contract as is.

The next evening I received a call saying they had it checked out at a mechanic and it needs many things. I advised them that I would have a mechanic I know who worked on it call them. Well, today I received a call saying the just don't want it anymore and would like their money back. I would love to help them out, but I will have to reinsure it, re-register it etc. If it proves there is a lot wrong with it I am willing to give them some money back. Any ideas on the best way to handle this situation? I want to be fair with them, but I don't want to be left in the dark either. I dropped the price for them just to get it off my hands. I could have sold it to someone else. I am also willing to give them some money back to fix the vehicle. Now they just don't want it.

Actually, I just received another call from the purchaser wondering where they can return the car. I really want to be fair with them, but would just like to know my rights. Also,
will I incur fees for re-licensing the vehicle or can the sale just be cancelled.

Thanks in advance for your advice.

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Old May 21, 2008, 10:01 AM   #2  
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They essentially bought the car "as is". You are under no legal obligation to refund their money as they are now the owners of this car unless you want to do this. They should have had the car looked at by their mechanic prior to the purchase of the car and then decided if they wished to purchase it or not. The onus is on the buyer in this case to check it out thoroughly before buying.
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Old May 21, 2008, 10:11 AM   #3  
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Did you have a signed contract that specifies the car is sold "as is"? If so, you have no legal obligation to take it back, unless you committed fraud - for example if you knew about but didn't disclose significant deficiencies - but it doesn't sound like the case here. If you're feeling guilty about it you could offer to buy it back for, say $200 less than they paid you - that should cover your out-of-pocket expenses. If you still have the old plates and registration, and if they didn't register the car themselves, then once they sign the title back over to you there's no need to re-register. Be sure that your insurance is re-instated.
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Old May 21, 2008, 10:30 AM   #4  
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Thanks ... unfortunately, they have registered it already in their name. They seemed like nice people and I do feel bad about it, so I would like to help them out. I just wish they had not gone and registered it already. In addition, I am going to have to insure it for another month, go to the sec of state, re-register it, resell it again, explain why it was sold and unsold etc. I understand I have no legal obligation, just a moral one I am contemplating I suppose. Thanks
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Old May 21, 2008, 01:47 PM   #5  
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Quote:
Originally Posted by zed2008
Thanks ... unfortunately, they have registered it already in their name. They seemed like nice people and I do feel bad about it, so I would like to help them out. I just wish they had not gone and registered it already. In addition, I am going to have to insure it for another month, go to the sec of state, re-register it, resell it again, explain why it was sold and unsold etc. I understand I have no legal obligation, just a moral one I am contemplating I suppose. Thanks

I have no idea what the problem with the car is, how much out of pocket the purchasers are but keep in mind that refunding their money - if they decide to pursue a claim against you - will be seen as an admission of "guilt" on your part.
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Old May 21, 2008, 03:13 PM   #6  
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It is hard to do the legal things, tell them sorry the car was bought "as is" and they should have had it checed by thier mechanic before they bought it, not after.

There is no return or refund on a used car bought as is.. And in no way give them part of the money back, this as noted will merely show you are admitting to be at fault and it does away with the "as is" part of the agreement. Just be firm and tell them you are sorry but no they now own the car.
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Old May 21, 2008, 03:23 PM   #7  
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Still have some spreading to do so can't rate this but it is accurate!

Any type of refund, will be an admission of some responsibility on your part and could open things up for them to get all the money back.

You are too nice. It was their obligation to insure that the vehicle was in proper condition, not yours.

Tell them you are sorry about the problems, perhaps they should just sell it too.
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