This crap is ridiculous. Automotive legal advice please......

NYSpeed Automotive
1

I swear, i can’t sell a car without somthing retarded happening. Ok so heres the latest case of drama…

I’m sitting here in california, while the guy who bought the turbo probe came to pick it up saturday. He gave my parents the money, signed the title, signed the bill of sale “sold AS IS for $5500”. Car fires right up, he leaves, calls me from the gas station, tells me how much he likes the car, goes on his way.

I get a call 1/2 hr later from him, saying the car “died” on him. Now mind you, i told him that i NEVER drove this car in the rain, because of the vented hood/filter location. Well i’m sure you guys remember the rain on saturday. He tried driving it home anyways.

So he gets the car towed BACK to my house, and has my dad drive him to the airport so he can fly back home. Now mind you, he has the title, i have the car AND the money. My dad calls me later that nite, says the car is fine. Proving my theory that it was from the water.

I email the guy, telling him the good news, and that he can pick the car up whenever he wants. Or because i kinda felt bad for his luck, i would split shipping with him (which i didn’t have to do AT ALL).

I get an email from him today, saying that he wants his money back and that once he recieves the money he’ll send the title back to me. WTF This guy thinks he can “change his mind” after he bought a car? So i write him back, saying that the car is his, he payed for it etc, and that he need to pick it up. He just emailed me again saying that the “car wasn’t as described” and asks if i’m “familiar with the lemon law” ??? Now i just did a quick search online to verify, and the nys lemon law does NOT cover used vehicles sold privately, only thru a dealer.

My question is, does this kid have ANY case? I say no, as he signed the bill of sale stating the car was sold AS IS and from the time he left my house with the car it was out of my hands. Am i right?

2

He has no case. It’s his car, in your driveway. Have it towed away. :slight_smile: :lol:

3

sounds like you’re right. what shitty luck though. don’t sell anymore cars on ebay!

4

file for a lost title … as quick as possible …

5

i hope you have a copy of the bill of sale. If it says, sold as is, its his problem, not yours. Tell him he has 24 hours to remove it or you are having it towed.

6

Have your dad go outside with a video camera, drive the car around and film it, making sure to somehow accurately get the date and time on camera (i’m not sure how, time to get creative). Now, even if he decides to take you to small claims court, or regular court,

a. you don’t have to legally give his money back. No lemon law application.

b. you have video that the car runs.

the court wont give a shit about his statement after these two.

edit: and especially if the bill of sale says “as is” he’s got nothing.

7

have him stand there with a copy of todays news paper

8

slap todays / tomorrows newspaper onthe hoopd, get a close up of tghe date and headlines, ghet in the car, fire it up, drive it down the street

used cars have to be GROSSLY misrepresented for the buyer to have a legal leg to stand on

example:

advertised as never wrecked, buyer leans on car after paying and a 10 pound slab of filler falls off the door

stalling on the road means it fucking stalled … jesus christ NEW CARS STALL ALL THE TIME !

pats audi started on fire and THAT wasnt a lemon !!!
my s10 had a major brake system failure and that wasnt a lemon !!!

on top of that, the probe is heavily modded … buying a modded car and complaining is like getting a divorce because ou married a girl with fake tits and you dont like the way they feel …

9

rematch quick :stuck_out_tongue:

10

edit: splitting the shipping is more then fair, but warn him in advance that if he doesnt take THAT deal, … if he mentions court one more time or crys like a bitch …that you will take back the offer and start to impose a storage fee after 2 weeks time …15 a day is the going rate for storage of a car at a dealership on the lot…

11

I had the same issue with my vented hood

12

So do you have some form of a receipt with signatures on it?

If so its no case

13

man jay, u got some bad luck. however this time, you got nothing to worry about IMO :tup:

14

Same thing happended to me this year…kid bought my winter car off me 1990 Chevy Cavalier for $550. Kid calls me two days later that he changed his mind and wants his money back. Kid drove the car for a month and put a civil suit against me. Went to court and I won the case. Than the son of a bitch files to erie county appeals court…and I haven’t heard anything since.

  1. New York State has no lemon laws on used car private party purchases.
  2. All private party used car sales are sold as is and dont have to be stated on the title.
15

u wrote “as is” on the reciept, your fine. he has the title and reciept, car is his legally. u car technically charge him for storage on the car if he doesnt come and get it. HE TOOK DELIVERY OF CAR- AS IS.

16

sounds about fucking right to me
Eff the little bastard and have HIS car towed
sounds like a cock if you ask me

17

I want you to sell my next car for me, you got a good price! As far as the issue at hand, I think you are absolutely in the right, but I have no idea of the legalities. What’s right does not always = what is legal (surprise!)

18

Yeah he has no case in my books but these day’s you never know…there’s always a loop hole somewhere:tdown: You and your luck with selling cars

19

it seems like you are being more than reasonable as a seller

tell him he has 48 hour to move HIS car or it will start to accumulate a storage fee

20

I’m sure you already know this, but do not tweak out on this guy, always stay reasonable and never lose your cool.

but from the looks of it he has no case, but you never know these days.