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cooket3
Dec 4, 2009, 10:26 AM
Hi Ive got a similar question

Hi I have sold my car privately and was sold "as seen". All reciepts were viewed by the buyer, except 1, this was for on oxygen sensor which has been replaced it was not intentionaly hidded but misplaced in my new cars logbook. Previously the engine management light was on showing a fault and to our knowledge it was fixed and sorted. Its now been 3 days since it was sold and the problem has re appeared. The buyer is now wanting to give the car back for a refund as he did not see this missing receipt and therefore would not have bought it.

Am I liable to refund him?

JudyKayTee
Dec 4, 2009, 10:29 AM
Please start a new thread when you have a new question. No one will see this here.

"As is" or "as seen." There could be a difference. Did you use the full language - "'Sold as seen, tried and approved without guarantee"?

"As is" means that no matter what happens he cannot return the car. "As seen" without the balance of the language could very well indicate that he relied on information you presented to him. I think it's a very minor difference but it could make a difference.

If he takes you to Small Claims Court on this (what State?) I see you "most probably" winning. I don't know if "most probably" is a big enough margin of victory for you or if you'd rather return his money and get the car back.

ebaines
Dec 4, 2009, 10:44 AM
It doesn't matter whether the misplaced receipt was intentional or not - what matters is how the log book and receipts were represented. If you said "these are all the receipts for all work ever done on the car" and left one out you have a problem - could be considered fraud. But if you told the buyer something like "I've kept many of the receipts for work done" then you have some wiggle room, as you did not repressnet that the receipts reflect all work ever done. Do you have a written contract fr the sale, and if so - what precisely does it say regarding either the condition of the car or the histoy of repairs?

Very few people keep all receipts of work done on their cars, so the fact that you gave them to the buyer seems beyond normal expectations. It would be a shame if you now have an issue caused by sharing more information than is customary. It's like the old saying - "no good deed goes unpunished."

I'm curious about something - how did the buyer come to learn that there was in fact an additional missing receipt? Also, just because the check engine light came on that does not mean that the oxygen sensor is at fault - it could be something totally unrelated. Why do you (or the buyer) think the two are related?

Fr_Chuck
Dec 4, 2009, 07:30 PM
I will agee but disagree, it really does not matter, since after it is all said and agreed to, they bought it
"as is" this was all signed after any talk or review. They had the obligation if they wanted to and take the car to a repair shop and have it inspected prior to purchase.

Merely tell them the car as all the paper work was done "as is" and it is no longer your issue.

Next time, don't tell them all the info, and most certainly don't give them copies of anything, merely let them have it checked if they want it checked by a station of their choice

KISS
Dec 4, 2009, 08:03 PM
As an aside:

1. Some cars have more than one oxygen sensor and they like to fail at about the same time.

2. Not sure that you know the MIL light is on for a failed oxygen sensor again.

3. parts can be DOA

4. Autozone will do a scan for free


No other comments. I know not directly related to your question.

Just trying to say that there can be more than one oxygen sensor and they may fail about the same time and you can't be sure it's that code that's set.

A MIL lamp can go on for any reason including not putting the gas cap on tight.

JudyKayTee
Dec 5, 2009, 08:32 AM
Again - "as seen" and "as is" are two different things, particularly if ALL the "as seen" language is not used. I also see showing receipts and claiming (and I realize it was a mistake) those are ALL the receipts could be an issue.

What State?

ebaines
Dec 7, 2009, 06:59 AM
Next time, don't tell them all the info, and most certainly don't give them copies of anything, merely let them have it checked if they want it checked by a station of thier choice

I must disagree here, although I understand your point that from a legal perspective that it's safest to not divulge more information than absolutely necessary. However, as both a buyer and a seller of used cars I have always found it best to have a record of all work done on the car. There are important components that should be changed at 50K or even 100K miles - things like timing belts and water pumps come to mind. So as a buyer of a car with say, 110K miles how are you supposed to know whether these parts need to be changed out if you don't have the records from the previous owner? Having records is also a good selling feature, as it shows the car has been well maintained through its life. Conversely, when buying I stay away from sellers who do not have records, as it's evidence that they probably did not ttake care of the car very well, and may have skipped important preventive maintenance. Most important - I also make sure when selling that the written sales contract specifies that the car is sold "as is" with no warranty implied.