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-   -   Private Seller (https://www.askmehelpdesk.com/showthread.php?t=75752)

  • Mar 25, 2007, 01:20 PM
    RJAM
    Private Seller
    I recently sold a car to a guy who checked out the condition of the car and test drove it twice before purchasing. The car was in good working condition and the only thing that really needed to be done was having the ac recharged. Now after having the car for a week the guy is claiming there are all these things wrong with it and he wants his money back or he will press charges. He says there is a law that states he has 2 weeks to return the car if he is not satisfied. Is there such thing? I know of the Lemon Law and from what I understood it protects from dealerships and newer cars with warranties and such. Please let me know what you think and if you have heard of anything like this. As far as I know, when you purchase a car from a private seller it is on the understanding that the car is sold 'as-is' and cannot be returned or refunded.
  • Mar 25, 2007, 01:25 PM
    Squiffy
    I don't think he will have a leg to stand on. He is probably a con artist who just wanted a car for a couple for weeks and then returned it. Its his problem not yours, he was happy at purchase after having ample time to test drive it.
  • Mar 25, 2007, 01:34 PM
    TheSavage
    Next time you hear from him just give him the phone # of the small claims court.
    When you buy used from a individual its as it no warranty.-- Savage
  • Mar 25, 2007, 02:13 PM
    Justice Matters
    There is no automatic "understanding" in law that a car sold between two private individuals is sold on an "as is" basis. This would interfere with parties freedom to contract.

    What governs the relationship between you and the buyer is the contract that was negotiated between you which in turn is subject to the laws of the jurisdiction you reside in.

    Ideally you have a written contract stating that the car was sold "as is" and no representations or warranties were made with respect to the vehicle. If so, the buyer may have no recourse in law.

    If you don't have a written contract then it could become a case of your word against the buyers. The buyer could, among other things, allege you misrepresented the condition and history of the vehicle and if a court accepted such an argument you may have to provide some kind of refund.

    As for the two week "cooling-off" period that the buyer is alleging we are unaware of any North American jurisdiction having such a law with resepct to automobile purchases.
  • Mar 25, 2007, 03:52 PM
    Fr_Chuck
    I will agree if and when you sold the car on the bill of sale ( and you had to provide him abill of sale) it had to say on it, sold as is. If not there can be implied warranties that a buyer may expect from things you said, but if and when the bill of sale states "as is" then the written document over rides any verbal agreement prior to the signing.

    Also in most states there is a legal requirement that all car sales be done in writing, so a bill of sale stating the seller and buyer and the terms of the sale are required.

    There is no such thing as a two week requirement that I know of anywhere, but there is basic car sale laws as to a used car.

    But I will agree, I would tell them all sales final, no refund and not to call you back, Buyers remorse is often done on used cars, or they do find more wrong latter. I sold one truck, that I really drove everday for 3 years, a person bought it, and the transmission went out on the way home for them, and I told them sorry, it was as is, I really did not know anything was wrong.

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