Abour a month ago I sold my truck here and California, original owner, when asked by the buyer about the condition of the truck I told him the truck was in great shape, 3 issues that I had knowledge about had to get attention such as new tires, rear brakes, and an oil leak. Came by did a walk around and asked for my final price and ended up discounting a out 2k for compensation of those issues which I pointed out to him. Went ahead and created a bill of sale where it specified the truck was sold as is no warranty.
Now the buyer is telling me he took the truck to the shop and needs a number of things and saying that he had to spend X number of dollars and asking me to pay for half of the repairs!
And now he is saying he spoke with a lawyer and that I can be sued for fraud, that i can be forced to buy back the truck plus the cost of repairs, and he’s mechanic told him that the transmission on that truck was pulled (whatever that means) and can prove and testify in court, basically saying that I had knowledge of this issues and that I didn’t tell him upfront. To be honest I think this mechanic is ripping this guy off by making all this replacements, I’m no mechanic but I can assure you this truck was running great till the day I sold it.
I’m just a bit concerned about this situation is that really true can I get sued for fraud? Or is the lawyer also trying to get a piece of the pie? Honestly I feel bad for the buyer because I really think he would of got a 2nd and even a 3rd opinion before getting repairs done for so much money.
discount truck tires on sale.
cooljeff:Hey if you told him sold as is that’s all he got was what you sold him a car as it is. That’s why you sold it you didn’t want to pay the money to have it fixed. Only way he might get out of it is if he was a minor who didn’t have his parents permission. Tell him and his lawyer they need go get update on laws and look in dictionary and see what AS IS means.
Desert Rat PAUL:You’re OK, he’s blowing smoke (or trying to) he has no leg to stand on. SURE he can sue, but he will be laughed out of court most likely.
I HAVE, in the past, given a buyer partial payment for a repair that came up the NEXT day after they bought a car from me, but that was because they were poor, and I really did feel bad about it…..the car ran fine the day before……
David G:BINGO! Glad someone finally said it. Mechanics suggestively sell.
As-is means as-is. Tell him you’ll pay half the cost of a dictionary for him.
ElGrande:Yes, you can get sued for fraud. It doesn’t mean he’ll win.
His lawyer must be fresh out of law school, or is just more than willing to take his consultation fees and see the guy lose in court.
If he takes you to court, take your copy of the bill-of-sale and be done with it. You did your part, it was up to him to have it checked out by a mechanic before purchase. Your case will be over in minutes. Be polite, have your documents ready, and say exactly what you said here, “On such-and-such date, I sold the plaintiff a ______ (whatever year/make/model of your truck) for $ _______, the deal was as-is as noted in the bill of sale. The plaintiff knew this, signed the agreement, and took possession of the vehicle. I knew of three issues before sale, they were disclosed to him. I am not a mechanic and cannot predict future issues with the vehicle.”
If he contacts you again, let him know you will not be taking his calls since he has threatened court action. And DON’T GIVE HIM A DIME just because you “feel bad for him”. Sometimes, people will try to extort money out of sellers with the threat of court action, hoping the seller is uninformed.
*ADD — I REALLY wish folks would quit spouting off the magical, mystical, “3-day right to return” law… it simply doesn’t exist. You CAN perform a “right of rescission” on a contract signed in your home, but vehicle deals are not part of this. California has a “Buyers’ Bill of Rights” that allows you to PURCHASE a 48-hour return period, but again, this is purchased, not automatic.
Sir Studley Smugley:”As is” means as is. As long as that is stated on the bill of sale, buddy doesn’t have a leg to stand in court.
When they “pull” the transmission, that means they physically removed the tranny from the truck.
If you put down on paper “as is,” they’d have a very difficult time winning a fraud case in court. It sounds like he’s trying to intimidate you; call his bluff.
This guy’s trying to rip YOU off. It sounds like a kind of reverse scam.
Why didn’t the buyer bring his “mechanic” friend along with him when he first viewed the truck?
You’re not on the hook for any of the new charges. Somebody’s getting scammed here – don’t let it be you.
Scott H:Let him sue you, chances are he’s blowing smoke and since private party vehicle sales are “as is”, he won’t win if he does follow through.
Never:The buyer is BLOWING SMOKE. He has nothing to lose by trying to get you to give him money.
No lawyer is going to touch this case without a big fee upfront. Because he knows he wouldn’t win.
g:Luis,
The buyer does not have a leg to stand on with his request. The sale is final, that’s it. Ignore him.
AutoMAN:You can be sued for ANY reason now a days. For this situation when two private parties are taking the roles of buyer and seller. The seller must disclose all problems they are aware of and must disclose the truth if asked a direct question. The buyer has the responsibility of asking the questions that needs to be asked and is also fully responsible to have a physical inspection of the vehicle to determine the condition. In this situation the buyer does not have a leg to stand after signing and agreeing to the “As Is, No Warranty” section of the contract. There are states that have a 3 day right to return the product and receive a full refund. The buyer is just upset that he/she did not take the proper time and due diligence before purchasing the truck. It is also a good chance the repair occurred during the little amount of time the buyer was driving the vehicle. You cannot be held responsible for all repairs that WILL occur on that vehicle after it was sold. This is what extended auto warranties are there for to protect yourself from these repairs that are ultimately going to occur. You cannot be held responsible for every vehicle you have owned and sold. Do not let yourself be bullied around and advise the buyer they can do whatever they feel they need to do. It is also always a good idea to receive some legal advice about the CA state laws in this matter. There are many not for profit law firms that can provide free legal advice for those who are financially burdened. I truly hope this helps and I encourage you to stay strong with any situation where another is trying to use scare tactics to obtain what they do not deserve. Also, when someone says they have an attorney, ask for the attorneys name. Most cases they say this to scare when they have no attorney retained. Just because someone speaks with a friend that took a class in college does not make them an attorney. Those who do have an attorney retained never have a problem giving you their attorneys name. If an attorneys name is provided, all attorneys have a bar number and are required to disclose this number when asked. If you ask for the bar number and they do not provide it, assume they had their buddy act like their attorney to scare you. It is against the law to state you are an attorney or are representing their client as an attorney if they are in fact not an attorney at law. Even those going through law school cannot claim to be an attorney. This is very much against the law and can lead to big trouble. As a business owner these are things we have seen in the past to attempt to scare the situation to their advantage even though our policy is to resolve any situation to the customers advantage even if it means a loss. There are the handful of individuals that feel like this method is the best route when most times this method will result in a worse resolution than just trying to rectify it amicably and honestly. Good luck again and have a great New Years.
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