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GSUAND · Dec 12, 2010, 04:29 PM

So I sold my car for $9250 to this guy. The day before he drove it around the town for at least 20 minutes and I told him everything that's on the car, everything that's bad on the car as full of my knowledge. This morning he bought the car and took it home and 5 hours later he calls me saying that the clutch of the car is bad which is what I was not aware of. I been driving this car very fine for a long time and I was not aware of anything like that. He ask for refund but I refused because he said he's a mechanic and there's a chance he could've switched something out. He claims that I KNEW THAT the clutch was bad because I know how to do work on cars as I'm interested in all the tuning stuff making the car look cool and all. So by the refusal saying that the deal's been already been done and Bill of Sale signed I can't help him. And Now he says he'll get a lawyer to get his money back. Is this really my fault? All I wanted was a clean deal to get rid of my car but didn't think it would be this annoying.

Fr_Chuck · Dec 12, 2010, 04:32 PM

Of course he can get an attorney and sue you, that his his rights in the legal system.

That does not mean he will win, is there other reasons he may be doing this ?
Next how did he pay, cash, check?

After that of course what type of bill of sale and paper work did you provide, was it all properly marked "AS IS" and perhaps "NO Warranty"

GSUAND · Dec 12, 2010, 04:34 PM

He paid all in full cash. I have no idea why he's asking refund like this. And Bill of Sale is the only form that was signed.

excon · Dec 12, 2010, 04:35 PM

Hello G:

If you made no warranties, MOST states treat a used car sale "as is". That means he has NO recourse. Stick to your guns.

excon

ScottGem · Dec 12, 2010, 04:37 PM

Generally a private sale is considered AS-IS. So while can sue, he's unlikely to win.

However, ANY question on law needs to include your general locale as laws vary by area. You need to check on the law on private sales in your area.

GSUAND · Dec 12, 2010, 04:40 PM

There is no "as is" that's his defense since Bill of Sale is the only signed paper

Fr_Chuck · Dec 12, 2010, 04:45 PM

Some states and some courts will have an "assumed warranty" unless it specificly says no warranty or as is.

But the defense is that he inspected the car and that you informed him all you knew. Also you made no warranty verbally to him.

But yes he can take you to court, and always mark "as is" on any sale of car you do.

GSUAND · Dec 12, 2010, 04:58 PM

OK I'm in state of Georgia. And this seems just too unfair for me. I'm just 19 and a college student! And it feels like this guy was trying to take advantage over me from the beginning

Fr_Chuck · Dec 12, 2010, 05:01 PM

If he was trying to take advantage, he would ask for 1000 or some amount of money back to "pay for the damage"

It sounds more like buyers remorse, the next day he wishes he had not done it.

It is doubtful he will really hire an attorney and even if he does, it is doubtful he will win, although they may consider an amount to cover a the repair of the vechile, if the court feels you knew about it.

GSUAND · Dec 12, 2010, 05:05 PM

Seriously I had no idea about it. I been driving it without a problem so far and he said over the phone that there's no problem with the car just cruising, but when he kicks it, it doesn't speed up as its suppose to do.

ScottGem · Dec 12, 2010, 05:16 PM

First please don't use the Comments feature for followups, use the Answer options instead.

Second, If the bill of sale did not specify As-Is you may have some issues. But the likelihood is that he won't bother.

GSUAND · Dec 12, 2010, 05:28 PM

OK thank you I'll post back here if more happens..

ebaines · Dec 14, 2010, 02:51 PM

Gsuand - you noted a coupleof tims that the only paper signed was a "bill of sale." Do you actually mean the title to the car? In most states (perrhaps all) when you sell a car you sign the title over to the buyer, noting the mileage on the car and the sale price. When folks here talk about a "Bill of Sale" they're talking about a separate document, one that you write up yourself, print out in duplicate, and then both you and the buyer sign both copies, and you each keep one. If properly written it protects both the seller and the buyer - the seller makes it clear that the car is sold "AS IS" and the buyer is assured the seller actually owns the car free and clear. I've used the following for the last three cars I've sold privately - feel free to use it next time you buy or sell a car:

BILL OF SALE

I, (Seller’s name): _____ the undersigned seller hereby certify that I am the lawful owner of the following vehicle:

Year: ____
Make: ____
Model: _____
VIN: __________________

And have the authority to sell it. I hereby acknowledge the receipt of $________ in the form of __________ from (Buyer's name)_______________, as full payment for the purchase of the above vehicle. I hereby state that the mileage of the vehicle at the time of sale is _____________ miles.

I do hereby grant, sell and transfer full ownership of the above vehicle to Buyer. I certify that the vehicle, at the time of sale, is free from all encumbrances, taxes, fees and liens, and that I (Seller) will defend and be held fully responsible for such lawful claims and demands with respect to the vehicle, if any.

The undersigned Buyer accepts receipt of this Bill of Sale and understands that the above vehicle is sold in "AS IS" condition with no guaranties or warranties, either expressed or implied. Buyer also accepts full liability for the vehicle, damages, and any third party liability incurred from use of the vehicle commencing from the date of sale.

Buyer's Name, Address, Signatiure & Date: ______________

Seller's Name, Adresss, Signature & Date: _______________

ITstudent2006 · Dec 14, 2010, 04:47 PM

Can I ask why he thinks the clutch is bad?

Simply because the automobile doesn't speed up to expectations when matting it doesn't mean a thing in the world. Can he prove that the clutch is bad?

ebaines · Dec 15, 2010, 06:53 AM

Originally Posted by ITstudent2006

Can I ask why he thinks the clutch is bad?

Simply because the automobile doesn't speed up to expectations when matting it doesn't mean a thing in the world. Can he prove that the clutch is bad?

Don't fall into the trap of trying to fix the buyer's problem. If you open that can of worms it is only bound to lead to arguments over the condition of the car. It really does not matter at this point whether the car works well or not - he bought the car, and absent any written or oral guarrantee or warranty from the seller he bought it "as is. Best to ignore the buyer - let him try to sue if he wants, but he won't win.