Sold a lady a car, now husband is trying to get money back. Suggestions?

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  • aaronmjr
    Member
    • Nov 2005
    • 82

    #1

    Sold a lady a car, now husband is trying to get money back. Suggestions?

    The lowdown:


    I sold a used 1998 Mercedes Benz C43 AMG to a guy and his wife. I told them everything I knew that was wrong with it and encouraged them (multiple times) to get it inspected at a shop of their choice. They declined and bought it on the spot in cash. Since the title was still in limbo (I had informed them of this previously) I wrote up an agreement that said:


    "Aaron L agree to sell, (buyer's name) agrees to buy 1998 Mercedes Benz C43 AMG for a full purchase price of $$$$. Car is being purchased as is, with no stated or implied warranty on today's date. The title will be transferred after it is recieved by Aaron L"


    Then the buyer and I both signed it, I took a copy and so did she. Now the car is having issues and the husband wants me to give them money for repairs, saying I sold them a lemon. As far as I've been able to find, states Lemon laws don't apply to private sales, can anyone verify? I am in MN. I did not hold any information from them regarding the condition of the vehicle, and I don't feel like at this point that it's my problem. The other problem I'm having is I had to jump through all sorts of hoops to get the title and I think it's safe to say I would have trouble getting the purchaser to sign it over to their name given whats happening right now. My girlfriend said there is something called a "forced title transfer". Has anyone had any experience doing something like this?


    Any help is appreciated..........This is super lame... Should never have bought that stupid car.
    1990 M3 / 1998 M3
  • Coouuper S
    Advanced Member
    • Feb 2008
    • 141

    #2
    Sorry I did not see this thread since I replyed to your other one. A used car is sold as " as is " at all times. If the buyer was worried about maintence or any kind of problems, he should of taken it to a mechanic to get it checked out. There is absolutly no way he can ask you for his money back.

    Comment

    • Ryan Stewart
      I Love Miatas
      • Oct 2003
      • 8978

      #3
      If they dont claim the title fuck them. They bought a car as-is. Meaning no warranty.

      If they keep calling just call the car in stolen since legally its yours.
      Im now E30less.
      sigpic

      Comment

      • Justin B
        Sikky Nar Nar
        • Mar 2005
        • 4273

        #4
        Just as the others have said, lemons laws have nothign to do with the sale of used cars. That's what as-is means, its up to you or then AT THE TIME OF THE SALE whether or not to knock some money off for what is visibly wrong and possibly a negotiating point.

        Other than that, they're just being stupid.

        Comment

        • CleanAzzE30z
          R3V OG
          • Jan 2004
          • 11794

          #5
          Its his/her responsibility to get it checked out on his dime to make sure he's buying something he wants. Anyone with a brain can get that. Its a used product. Hes basically trying to get you to pay from the money that they gave you, therefore buying your car for a lower price than they paid. You were very smart in making a contract. The burden is on them.

          Mariano


          2001 Titaniumsilber 540i Sport 6-Speed
          1990 Diamantschwarz Alpha-N 2.5L ///M3
          1986 Alpinweiss 325e M50B25 (R.I.P.)

          -Talk to me when more sound comes from the induction than from the exhaust...

          -Argentina........lo mas grande que hay.

          Comment

          • s0urce
            R3VLimited
            • Dec 2004
            • 2933

            #6
            Good thing you've got that bill of sale. You're safe...They can't do anything...other than not claim the title...
            tasty

            Comment

            • george graves
              I waste 90% of my day here and all I got was this stupid title
              • Oct 2003
              • 19986

              #7
              Ask the dude this: "What part of 'as is' do you not understand?"
              Originally posted by Matt-B
              hey does anyone know anyone who gets upset and makes electronics?

              Comment

              • redbull 325is
                R3V OG
                • Feb 2004
                • 7471

                #8
                You are in legal right here. If you sold them a shit car, then that's up to your conscious to see if you will help them pay for the repair. Let me guess... automatic tranny fubar?

                good luck.
                Julien
                Build Threads:
                Pamela/Bella/Betty/325ix/5-Lug Seta/S60R/Miata ITB/Miata Turbo/Miata VVT/951/325xi-6

                Comment

                • aaronmjr
                  Member
                  • Nov 2005
                  • 82

                  #9
                  Originally posted by Coouuper S
                  Sorry I did not see this thread since I replyed to your other one. A used car is sold as " as is " at all times. If the buyer was worried about maintence or any kind of problems, he should of taken it to a mechanic to get it checked out. There is absolutly no way he can ask you for his money back.

                  Okay, that's what I was thinking but I know that in court things get turned around sometimes. He keeps saying he will take it to court if he needs to, and is acting very threatening saying things like "You dont fuck with people you don't know, you think you can walk away from this? Just walk away after fucking me over? You're messin with my family" blah blah blah..

                  I'm pretty scared he's going to come by and break my windows or something..


                  Originally posted by Ryan Stewart
                  If they dont claim the title fuck them. They bought a car as-is. Meaning no warranty.

                  If they keep calling just call the car in stolen since legally its yours.
                  But isn't that bad to have someone driving around in a car thats under my name? What if they get in an accident and have no insurance? Suffice to say the car isn't driving right now but still. I need to go to the dmv and inquire about a forced transfer of the title I guess.

                  Originally posted by redbull 325is
                  You are in legal right here. If you sold them a shit car, then that's up to your conscious to see if you will help them pay for the repair. Let me guess... automatic tranny fubar?



                  good luck.

                  Julien

                  you nailed it. Tranny went out. It drove fine when I had it. I drove it half way across the country with no issues.
                  1990 M3 / 1998 M3

                  Comment

                  • Coouuper S
                    Advanced Member
                    • Feb 2008
                    • 141

                    #10
                    This matter won't be turned out in court. Let him take you to court if he really has that much time to waste. If he is really pushing it with calling/threating/ giving you bs, you yourself should let the Police know.

                    Comment

                    • redhatpat
                      Mod Crazy
                      • Aug 2005
                      • 656

                      #11
                      It's sold as is. Buyer can ask for money back if he wants to, but there is NO legal obligation on your part to do so.

                      Get the title transferred ASAP and forget about that douche bag.

                      Comment

                      • etxxz
                        R3VLimited
                        • Feb 2006
                        • 2085

                        #12
                        ^^ agreed. bill of sale > anything that they can do

                        You are in the clear and if they don't want to sign the title, just sign it over to him/her, send it and make a record of it. That ends your contract with them.

                        The car can blow up for all you care at this point is what everyone's trying to say.

                        but the point of the this thread is not to screw someone, if its in anyway your fault/responsability you should consider helping them out, but if they get pepi then fuck them.
                        No more e30s for me.
                        88 black BMW OBDII 332is dedicated track [sold]
                        88 BMW OBDII bronzit 332is [RIP 03/08]
                        91 BMW 325i [sold]
                        86 Corolla 'Ae86' HB 20v trd [sold]
                        http://youtube.com/watch?v=pTj7Hn9v5Rs

                        Comment

                        • aaronmjr
                          Member
                          • Nov 2005
                          • 82

                          #13
                          I had absolutely zero intentions of pulling a fast one or doing anything dis-honest. The guy even gave me $100 too much, and I called him as soon as I noticed and let him know........

                          Thanks everyone for the replies you are making me feel better by the moment.
                          1990 M3 / 1998 M3

                          Comment

                          • cramer
                            E30 Mastermind
                            • Dec 2003
                            • 1812

                            #14
                            In my state (Washington) the title has two portions, the main one that is signed by you (releasing your interest in the car) and given to the owner and the other that is filled out by you (the seller) and turned into the State for their records. If your title is similar, fill out the title and hand it over to the owner, if they don't want it, certify mail it to them. Then fill out the other portion and turn it into the State. This tells them that the ownership has transfered and should expect the Title to come back in for a legal owner change. If the buyer doesn't turn the title in, it's all on them (there is a fine in WA state for not turning in a title so many days after a purchase).
                            Chris
                            90 Corrado/91 M3/01 M5

                            Comment

                            • CleanAzzE30z
                              R3V OG
                              • Jan 2004
                              • 11794

                              #15
                              Originally posted by aaronmjr
                              I had absolutely zero intentions of pulling a fast one or doing anything dis-honest. The guy even gave me $100 too much, and I called him as soon as I noticed and let him know........
                              Another point in your favor


                              Mariano


                              2001 Titaniumsilber 540i Sport 6-Speed
                              1990 Diamantschwarz Alpha-N 2.5L ///M3
                              1986 Alpinweiss 325e M50B25 (R.I.P.)

                              -Talk to me when more sound comes from the induction than from the exhaust...

                              -Argentina........lo mas grande que hay.

                              Comment

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