I Sold a Car and the Buyer Wants His Money Back - He Had It Checked By a Mechanic

[sarahlee]

My question involves a consumer law issue in the State of: New Jersey

Recently my aunt gave me her car to fix and sell for her which had been sitting in her drive way for a few months. It wasn't running due to a bad and wrong size battery, so I replaced it and it started right up. I also replaced the front rotors and calipers, the pads were in very good shape still. I did a some other maintenance work on her to get everything nice and right before I put the car up for sale. A gentleman came to look at the car liked it and I told him what I fixed and that the only things I could see was wrong with it was it needed headlights because they were dull and cloudy, and i told him i thought it needed an alignment because it pulled to the left, both times when I drove it and when he took it out with me for a test drive. ( I let him drive it.) He really liked the car and wanted to take it to his friend who was a mechanic, the manager of major repair/muffler shop chain. I was in compliance and had no problems meeting him, as I felt the car was in nice shape and I had nothing to hide. Later that night I gave the gentleman the VIN so he could run the carfax which I also had no problem with. He left a 100 dollar deposit on the car and 2 nights later we met at the muffler shop for his "friend" to look over the vehicle. He spent the next hour and half checking the vehicle out. During this time the buyer and I discussed the carfax which showed 2 accidents which we were both ok with as there was no frame damage or odometer issues or anything else on the carfax. He also had copies of the kelly blue book value with him. When his mechanic was finished he brought us into the shop and the car was still up on the lift. He told us that "this is one of the cleanest Cougars" he had seen in his shop. He continued to say "the front brakes are new" and "the front end is nice and tight". There was only 3 things he said needed to be taken care of on the car: 1. oil pan gasket (car did have over 100000 miles) 2. exhaust pipe replacement 3. side marker light bulb. he also mentioned the back brakes were getting old but to "run them out until you need new ones" the buyer was pleased to hear this and we talked prices. The price was dropped to 2600 and he stated that it was as is and I agreed "2600 as is". paid cash, i gave him the title. A few days later he calls saying that this same shop, his friend was charging him 1200 dollars in work, on a car that he said was (and i quote) one of the cleanest he has seen. There was a long list of parts replaced including the front rotors which he told us were new AND I HAVE PARTS RECEIPTS FOR. He is very bent out of shape and is now taking me to small claims court. This was a private party sale, HE said as is, I agreed as is, it was a verbal agreement which my fiance, mother of my child witnessed and she was there for the entire thing from meeting him for the first time and being at the repair shop for the inspection. Of course the repair shop wouldn't give me their first check list which shows there was only 3 things wrong with the car ( i think they're witholding it from me.) but i did get a copy of the reciept for the intial inspection which states in the memo box, "check car from top to bottom. check everything." I have a copy of the reciept for the rotors which I already put on literally only maybe a week prior. I am great mechanic. I take pride in what I do. I don't sell someone something that I wouldn't want my daughter buying.

We also discussed during the hour and a half long inspection that he went to high school with my uncle, lets call him uncle bob. he graduated in like 1980. small world. now knowing this, he apparently got a hold of another uncle of mine, (don't ask me how) lets call him uncle jeff, who DOES NOT EVEN KNOW HIM NOR DOES HE HAVE ANYTHING TO DO WITH THE CAR. Again, I am now feeling harassed and stalked as he is contacting family members. He told me he was trying to get my address which he had told me that he was getting from the cops the night before (guess they didn't give it to him.)

So with all this happening and with him verbally agreeing to an as-is sale, having it inspecting for an hour and a half by a nationally well known repair shop who said it checked out good, will all this information and paper work to prove what we repairs we made... is this small claims case swaying in my favor.

sorry it was so long just want to get the whole story out there. and thanks in advance.

[jk]

So, he is suing you although this was your aunt's car? Any idea why he believes you are the proper defendant in this situation? Have you actually received the summons and complaint? If so, what is the basis of his complaint?

[sarahlee]

Yes it was my aunt's car I fixed it up and sold it for her. I met with the gentleman, when the final transaction was made she signed the title which we picked up from her and took to him and exchanged it after he gave us the cash. She's a busy woman and is not mechanically inclined in anyway. I did this as a favor for her. No I haven't received the summons and I am assuming he is either trying to get money for the repairs or to get his money back.

Also. The buyer was well aware that I was not the owner of the car as the title showed her name and I told him the whole situation before we even got it inspected by his mechanic and he was fine with it. Again everything I can think of was fully disclosed. I was in compliance with all of his requests.

[jk]

tell him you offered no warranties and you do not intend on refunding any money or rescinding the sale. I would not get into a big discussion with the guy. Just tell him the transaction is over and so is your need or desire to speak with him. Let him figure out what he wants to do from there.

Do NOT remind him it wasn't your car. The more he thinks he should be dealing with you, the more likely he is to file a suit against you, if he actually files a suit. Since it wasn't your car, suing you won't do any good and he just wasted his time.

[sarahlee]

I haven't spoken to him all day nor do I intend to. Will that be an issue in court for me. And if he doesn't win against me can he come back to sue her. She's a hard working lady and does not need this guy harassing her too

[jk]

If he files in court, you respond with a statement that it was not your car and as such, there was no contract between you and the buyer. Therefor, you are not a proper defendant. You then ask for the suit to be dismissed (in the response but there is a proper way to do it so it gets read and ruled on) in the answer. If things work right, you never go to court as the case would be dismissed.

[souperdave]

It appears the vehicle was sold as-is where-is and the buyer was fully aware of its condition at the point of sale and completed a legimate purchase. It also appears that there was no deceptive sort of activity taken by the selling party either prior to or during the sale.

Also, the buyer had the vehicle checked to their satisfaction and then completed the sale.

That being the case, then it's looking like they're having some sorta buyers remorse after all is said and done.

Are they actually filing suit, or threatening suit if they can't return the vehicle for a refund?

I'll go JK's advice one further.....tell the buyer they made an informed decision to purchase and there was never any sorta warranty either expressed or implied. If a suit is filed, I would suspect that you can file for a dismissal using the as-is/where-is premise.

[sarahlee]

Yes he is filing suit and i did explain to him that it was as-is as HE actuallyimplied it first and I did tell him there was no warranty mentioned... But he is still determined to take me to court... I honestly feel that the car was in good shape. I am not a hack and wouldn't sell anyone anything I wouldn't feel safe letting my daughter drive. And I think he should truly be filing suit against his mechanic as he was told to "check the car from top to bottom". And they did and found a few small things that were no big deal and then literally 2 days later they gave him a 1200 dollar repair bill.... That just seems very shady to me...

[jk]

when you get the summons, come on back and tell us what his cause of action is (what he believe as to why he should be refunded money or the sale rescinded).

[Who'sThatGuy]

I believe that he should be taking his incompetent muffler repair shop to court, not you.

If I paid for an inspection and the shop told me that this is the cleanest car he has ever seen, I would have issues with him if it needed $1200 in repairs the same or very next day, not the seller.

Even if the case didn't get dismissed, you would prevail.