I sold a car in a private sale not even a week later the car broke on the buyer now she wants a refund?
sold my car last week to a couple not even a week later they say it is overheating and gonna cost $3000 for a new engine. They called and said they wanted back there money i simply told them that it is there property and also said that it was running fine when they bought it. I did Tell them when they bought it that i was aware of no problems at all.They test drove it checked out everything on it and bought it.I did offer to have it fixed for them but they just do not trust me or my mechanic.So I gave up and told them to take me to small claims court I was never once mean with them. So my question is would you think they have a chance in small claims court. Also I did not state AS IS on the bill of sale
Public Comments
- All private party sales are AS IS. You owe them nothing. There is also no returns or refunds either. Tell them to enjoy there new car and to leave you alone......................&&&
- No warranty was expressed or implied. There for it's their problem.
- I'm pretty sure that if they bought it and had it for a week they're just out of luck, unless you told them they have a warranty lmao. They could have easily rigged it just to get the money back and try to keep the car to resell.Hope it all works out for you.
- Yeesh, quite a predicament you have yourself in. To be honest, simply saying "it was running fine when they bought it" won't hold up in court. If you have written or documented evidence that the car was in perfect running order when they bought it, that would certainly improve your case. A great piece of evidence would be a recent service statement, saying the car was in perfect working order. If it hasn't been serviced recently, and you have no hard evidence saying the car was fine, then I'm afraid your best option is negotiate with them or to pay for the repairs. If you feel up to it, you can offer to go halfies in the cost with them. Hope this helped somewhat, and good luck.
- Unless you have them a written warranty of some kind, the sale was as is, and they have no recourse. If they do waste their time and money taking you to court, merely tell the judge it was as "as is" sale and the concept of Caveat emptor would apply.
- All private party sales are AS-IS unless there is a written warranty to the contrary. Unless you gave them a written warranty, they have no case against you. I have had several people take me to court after a car that they purchased "AS-IS" had problems, and in each case, the judge tossed the claim out without any hassle.
- They drove it. they checked it out, which they should have paid a mechanic to do. You offered to have it fixed for them. You done as much as you can do. It is their problem, not yours! Did you notify Motor Vehicle that the car was sold? Whenever you transfer a car, boat, snowmobile etc. you must notify them to that it out of your name.
- When it started overheating they probably kept driving it and burned up the engine themselves. You owe them nothing.
- Sounds like they'r scamming you: they found a nuther deal they like better. Otherwise, they prob woulda taken your offer to repair, which imo has you going out on a limb w/o having seen the engine, maybe it did seize bc of heat. Seems they dont want you to look at bc you'l see their claim isnt tru. Yes, they have a chance of winning; so do you. The As Is could hurt you depending on your state law which I would research. I've been to Small Claims a few times as a plaintiff bringing suit and I've always won but I have everything very well documented which judges really wana see. But the judges are very arbitrary: I had one take over my case, try it for me and award me my judgement. I literally dint say 10 words in court. I had an other so dishonest he tampered w/ the transcript to hide his misconduct. If you think it's worth the risk, you could write them a Certified Letter, Return Receipt Requested repeating your offer to repair, but only if you or your mechanic can inspect it, maybe at his shop if necc. The risk is the engine is indeed ruined.
- when you buy a vehicle, you buy it as is with a used vehicle title. And you should take a look at the vehicle for any signs of abuse or dumbass driving. Ive seen plenty of ppl take cars, beat em up, and blame it on the previous owner. You can kill a car fast if you dont treat it right or maintain it. its not your problem. if the title is no longer in your name that is.
- unless you gave a written warranty ,then they have no chance in court.it is an as is sale,and it is the buyers job to have it checked prior to the transaction.you do not have anything to worry about.
- Chances are high they will not sue. If they do, you will win unless you fail to show up for court or cuss the judge out. You could have been mean all you wanted. Wont change anything legally.
- Private sales are as-is regardless of whether it is in writing or not. Assuming you didn't sell them a car with a bad head gasket, here's what happened: They were either low on coolant or had a stuck thermostat. Instead of pulling over, they kept on driving until it blew the head gasket. That's their fault - not yours. If I buy a car from someone and get a flat and keep on driving until I mess up the rims - would the seller have to buy a new wheel for me? Also, you don't really know if the car is messed up or not. They could be trying to scam you out of $3,000. You did the right thing.
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