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    zed2008's Avatar
    zed2008 Posts: 2, Reputation: 1
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    #1

    May 21, 2008, 10:51 AM
    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.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    May 21, 2008, 11:01 AM
    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.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #3

    May 21, 2008, 11:11 AM
    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.
    zed2008's Avatar
    zed2008 Posts: 2, Reputation: 1
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    #4

    May 21, 2008, 11:30 AM
    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
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    May 21, 2008, 02:47 PM
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 21, 2008, 04:13 PM
    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 their 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.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #7

    May 21, 2008, 04:23 PM
    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.
    rabbit039's Avatar
    rabbit039 Posts: 1, Reputation: 1
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    #8

    Jul 13, 2010, 05:42 PM
    Take the same scenario... what would have happen if Zed2008 would have giving him the money in a "good faith" way. Maybe do a letter stating that the car was sold under good conditions and that giving him back 250dlls would not be part of his refund, but of "good faith"; make both parties singing it and be done with it. Will that still open the door to a claim?
    REllen's Avatar
    REllen Posts: 8, Reputation: 1
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    #9

    Mar 12, 2011, 03:47 AM
    I recently paid an advance for a car I later realised I don't like. I suppose thesse things happen. I wish my car dealer was as nice as you. I told him within a day that I will not buy it and I paid only $300. Anyway he told me very rudely that he will give back my money if he sells the car. I pray to God I willget back my money. You know, I thin its best return the money (maybe cutoff the amount you lost). Please don't give the same agoney to your buyer.

    - An unhappy regrestful buyer -
    REllen's Avatar
    REllen Posts: 8, Reputation: 1
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    #10

    Apr 4, 2011, 01:32 AM
    To anyone who is interested to know what happened for my comment above - the car dealer eventually sold the car and gave me back $200. So I lost $ 100. To all car dealers - please don't 'STEAL' money from customers. The bad karma will follow you.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #11

    Apr 4, 2011, 05:47 AM
    Quote Originally Posted by REllen View Post
    so i lost $ 100. to all car dealers - please don't 'STEAL' money from customers. the bad karma will follow you.
    Hello R:

    You BOUGHT the car, and were NOT entitled to ANY refund. The fact that he gave you SOME of your money back means he is ANYTHING but a thief.

    excon
    REllen's Avatar
    REllen Posts: 8, Reputation: 1
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    #12

    Apr 4, 2011, 06:20 AM
    Comment on excon's post
    OK.. I suppose one can debate on this forever. Anyway this car dealer has just lost a potential customer (Me! ) and probably many more. I still haven't bought a car and I am hoping to. I will shop around more and be careful next time before committing. This car dealer does have good cars and if he was nicer to me I would have definitely considered getting a car from him. Also I have a lot of girl friends who will want to buy cars. I will advice all not to site this car dealer. Boo.. boo. For him. (Thumbs down! ). Customer is king and too bad he lost me and hopefully many more! (by the way the above post was not mine. I'm just explaining my comments.) Thanks all.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Apr 4, 2011, 08:04 AM

    All of this emotion over a net $100 loss. I have the feeling that never returning to that car dealer again is NOT going to make the dealer unhappy. He probably lost a lot of interest in dealing with you when you began to pray that he be cursed.

    Well, at least now you've resorted to karma instead of praying for his demise.

    I question the truthfulness of any of your threads. I note you have stated that the posts were NOT made by you. Who made them?

    https://www.askmehelpdesk.com/emotio...me-563456.html - #8.

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