I sold a 1992 Nissan Maxima for $800 on May 11, 2008. On May 12, I mailed in the post card saying that I'm no longer in possession of the vehicle. My boyfriend showed him the car and explained that we were asking $1200, but we knew that the muffler needed work and the oil needed changing and we were willing to negotiate. Other than that we knew of no other problems. We had replaced the rear break pads and spark plugs and cables.
Today he calls my boyfriend and tells us he wants some of his money back because he has found other problems. My boyfriend told him that most of the money had already been spent and that it has been a week, and there is nothing really we can do since we notified the DMV that we are no longer in possession of the vehicle and signed the title over to him.
He was angry and says fine, I'll just come and leave the car where you guys live if you won't give me any of my money back. My boyfriend was working and told him he had to get back to work but would call him later when he had calmed down.
My friends have told me not to worry about it and tell him sorry, but we sold the car to you almost a week ago, and you looked over it very well for problems and we were honest that the muffler needed work, but other than that we were not aware of any other problems, and we even lowered our asking price to accommodate you.
If the car turns up at my buildings parking lot what am I to do?

twinkiedooter

There was no warranty with the used car. This buyer sounds like they expect the car to be perfect. Used cars sold by individuals are sold "as is". You told the buyer of the problems that you knew of. They now discover new problems with the car? It's their car now regardless if they owned it 10 minutes or 10 days. You are under no obligation to return any of their money to them. If the car turns up in your parking lot, leave it there untouched. Legally it is not your car any longer as you sold it to someone else.

If the buyer persists, tell them to take you to court. There is nothing that you provided to the buyer that even remotely sounds like a warranty. What kind of a case does he think he has? Apparently he never purchased a used car before and thinks all used cars come with warranties.

Camborio

My concern is that the title is still technically in my name until he goes to the DMV to transfer the title. All I did was go the the MN DMV website to advise them that I no longer own the vehicle and gave them his name and address. I also mailed in the post card that advises the DMV that I am no longer the owner. I'm also worried that since it was a private sale I only gave him the signed title, and totally failed to have him sign something else.

Fr_Chuck

First who cares who the title is in, you would have the bill of sale from the car that he signed ( right ???)

First please understand that you needed to do several things in a car sale, first you are to write a bil of sale showing who is buying what and for how much, you also write on it, "as is"
If you don't have a reciept to show you sold him the car ( even written on scrape paper) then the issue is you can't prove you sold the car.
Did he pay with a check ?

With that said again, don't ever ever sale a car without a bill of sale.

So at this point he is threatening, expect him to call back saying he is going to sue, he is going to go to the cops, heck he may threaten to come over and beat someone. This all happens in private car sales.

Also with all of that, since there is no bill of sale saying "as is" he may actually sue you in court since he can say you promised anything at this point.

Camborio

That is the major mistake I made. I did not write any bill of sale or have him sign any slip of paper except the one that I sent off to the DMV. That is why I don't know what to do. He just called today, so I'm hoping we can get it worked out. I told my boyfriend to tell him that if we do give him $100 to $200 back from the sale that he would have to sign. I just don't know how to go about getting the title back. If he hasn't turned it in to the dmv that is fine, but the problem is I have signed it over to him, plus mailed the card saying that I'm no longer in posession of the vehicle, and I have cancelled the insurance on it. I learned my lesson big time. I just have to get it all worked out.

realsteve

if you have notified dmv that you sold the car and you have sent them the log book then their is nothing this new buyer can do its called sold as sean as this is not a new car so their is no grantee trust me ive sold so many cars and had same trouble ppl asking for money back but in all the cars ive sold not one got anything back

Camborio

Thank you. I'm assuming he came to his senses, because the car hasn't been dropped off at our condo's parking lot. I'm going to call the DMV and ask how long after I've sent notification that I no longer own the vehicle do they receive it and what happens if the new owner never goes in to transfer the title. My main concern is that I forgot to have him sign something, I believe he had to sign the post card I sent in and have no proof accept for a large deposit the same day at my bank.

Fr_Chuck

It happens, I sold a old pickup some years ago, for cash, ** I did get a bill of sale signed that I still have after 10 years as proof. Well guess what the truck was never ever titled, and after about 4 years it turned up and was towed and impoounded and I was sent the bill for the towing and storage, glad I had that bill of sale

Camborio

That is what I'm worried about. But he only called on Saturday and hasn't called back since. I guess I could wait 6 to 8 weeks about the time it takes to transfer a title and if it hasn't been transferred call him, or mail him something asking him to go and please transfer the title, and act like I don't even know that he called my boyfriend. Everything will work out, it may just take time.

Camborio

Thank you for all your help. I called the DMV and they told me not to worry since I had sent the post card in.