I Sold My Car Last Weekend, Now The Guy Wants His Money Back…?
I have read all the other questions like this and I get the same answer just about every time. But I am just being extra cautious.
I sold a 1995 Saturn SC1 last week to this guy. We negotiated a price of $775 because it needed a new radiator and a tune-up. I made sure he knew that my husband drove this car to his job everyday without problems. That the radiator needed to be changed before driving it a long way. He said ok and we made the transaction. I wrote on the biil of sale “Car is sold AS-IS” He signed the title and went and registered it. Now (a week later) he comes knocking on my door saying “We got problems.” He said he took it to a local dealership that checked it out and the mechanic says the rings are bad. He says he wants his money back or me to pay for the repairs. I told him I would check it out and get back to him. I researched it online and found that the lemon laws here in Georgia only apply to dealers and new cars. I, also found that private party sales are not mentioned in the law. I printed out the page from the GOVERNMENT website stating the law and took it to him. He says that there is another law regarding used cars. I have checked it out and found nothing. He informs me that he has an attorney on retainer and he will be contacting him tomorrow about this. I know I told him the car needs repairs and that my husband drove it with no problems. He drove it everyday! The guy test-drove the car and checked the oil and looked the car over really good and still took it home. Does he have the right to demand his money back or take me to court? Or does what I wrote on the bill of sale stand AS-IS?
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Don’t stress about this one second. Its a $775 car.
1You wouldn’t be responsible even if you had not written as-is on the bill of sale.
Don’t worry about it. Chances are any lawyer is going to tell him he doesn’t have a case except to try and scare you into giving his money back.
Don’t fall for it. Tell him to stop calling you and if he continues, swear out a warrant for his arrest,
If he has an attorney on retainer, he wouldn’t be buying a $775 car.
There are no lemon laws for private party sales anywhere in the US. AS-IS means as-is.
If you didn’t write as-is, it would still be implied.
Save your bill of sale and don’t worry about it.
If by some fluke he does sue you, dont worry. But be sure to show up in court, show the bill of sale and explain your side. I give you a 99%+ chance of winning.
If you fail to show up in court, he could win a defaultjudgmentt, which means you owe him for the $775 plus court cost.
But, I doubt he sues, Im not sure if it costs $35-75 to sue butthat’ss just good money after bad for him. He’d be an idiot to do it because he has no chance of winning unless youdon’tt show up.
(AS-IS) means your selling without warranty’s you buy it it’s yours and as for the rings why did he not have it check out before buying it tell him to take you to court and stop wasting your time you sold it as is you won
2You’re fine. You have done everything proper and legal. What part of “AS-IS” does the guy not understand?
3If the guy insists on threatening you and making calls, tell him you are going to call the police and have him arrested for threats and harrassment.
he cant sue he signed hes done
4Tell him (and his attorney) to go pound sand. He bought a 14 year old used car. He can try to sue you until he is blue in the face, but the law is in your favor here. Anybody buying a 14 year old used Saturn is not the kind of person to keep a lawyer on retainer. You don’t owe him a dime and if it were me, I’d tell him if he contacts you again, he’s going to be reported to the police for harassment.
5Any engine run for one second has bad rings, if one is picky enough. All those run-able engines from Japan are disqualified because of squeaky tight smog rules which don’t apply elsewhere, so folks in the USA even in California, can save a bundle on engine replacement by grabbing one of those “Tokyo Pulls”! I’m guessing your engine wasn’t blowing smoke, or it would have been mentioned. I’m further guessing the new owner did a compression test on the engine, and it showed less than perfect, typical of used cars in good shape. Or the car needs an oil change before a compression test should be done, and the car driven for a day or two to work it into the rings, which makes a big difference! You said “as is” in writing on the bill of sale. Even assuming severe defects and “used car lemon laws”, it will cost him $2000 in attorney’s fees and $1000 in mechanical testing with documentation, to prevail in court. If the car is in fact bad, he is screwed without a kiss.
6How is this going to end up in court? He has no case. He signed a bill of sale stating AS IS condition. He inspected the car. He test drove. You disclosed as much as you knew about the car. What else is there?
7He has nothing on you. Tell him you are sorry but no refunds for no reason. It’s only $775, not like he bought a Porsche for $77,500.
Unless you offered him a refund policy, he is out of luck. Don’t worry about it, let him waste his money on an attorney and small claims court.
Let him sue. He will lose. His lawyer will tell him the same thing. AS IS means that. No warranty. You owe him nothing. Tell him to quit calling and to enjoy his new car…………He had a chance to get it inspected before he bought it………….No lemon law on used cars. No he cant return it or demand money back………..md
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