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  1. #1
    Join Date
    Jan 2016
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    4

    Default When Should You Refund the Money for a Used Vehicle and Take it Back from the Buyer

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

    I sold a RV to a private individual from 'out of state' (not MN), probably a VERY bad idea to begin with today. The person was very interested on the phone, asked me various questions, and I answered to 'best of my knowledge'. I even picked him up as courtesy from the airport, he gives me a cashier check that I deposited, signed my title etc. And then geeze to go over the RV, he took my whole entire day, and then one thing after the other he was unhappy, sometimes things like water is not coming out with pressure. I felt disturbed and wanted him to stay happy (I myself am a happy guy) took him to various RV dealerships to alleviate his concerns, and then boom he says that the transmission is not 6 speed. Now, to be frank, I checked from a dealer few days back if it was 6 speed and the dealer had told me yes it was and I communicated to this buyer. However that turns out like it is a 5 speed transmission. I know it is not my fault, this is ALL work for buyer that I have been as courtesy doing it, and now he is saying to fund him the money back.

    I drove him to a motel (since he didn't keep the RV), and I told him that I am going to think about it all, and call you tomorrow because I have a big migraine, since I have travel plans for tomorrow and this is too much for me to take.

    What are my options?
    1. Ask him to take the RV because I can do nothing now. But if I do it, he could potentially cancel the cashier check next day. Though the money is showing in my account already.
    2. Refund him the money and get on with my life. Though as if to not rub off on my injuries (I keep my things in top shape, and drive very carefully myself), but He, while test driving he drove it so fast and callously, and rammed one of the wheels into a sidewalk. I have a feeling that there is a steering pulsation since then.

    I have a critical travel tomorrow, this man is acting weird, he has ruined it. But what do I do?
    I know if it was a dealer (and I the buyer), he would not give a damn to my situation, but I want to be a good person, I dont want to become a hypocrite, but I also need to protect myself.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Car

    What you should have done after depositing his cashiers check and signing over the title was to hand him his keys and said "bon voyage."

    I don't think a cashiers check can be cancelled but you can verify that with your bank in the AM.

    Then give him his keys and say "You bought it you own it, goodbye."

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: When Should You Refund the Money for a Used Vehicle and Take it Back from the Buy

    You appear to be stating that you misrepresented the RV over the phone to the buyer, and on that basis he gave you a cashier's check for the agreed purchase price. Upon inspection he discovered that the RV was not in as good a condition as you represented, to which your argument is that you told him that your representations were to the best of your knowledge; it's not clear why you weren't more familiar with your own vehicle. You also told him that the vehicle had a six speed transmission when it in fact had a five speed transmission, which you state was due to your own misunderstanding of the vehicle's specs.

    You appear to also be stating that he didn't accept the RV due to these issues, and that it is still in your possession. You are speculating that there may be something wrong with the RV based upon the buyer's actions during a test drive.

    If he has not stopped payment on the cashier's check (and yes, it is possible to do so), the transmission issue gives him a strong case to vacate the sales agreement based on mutual mistake -- even if you were disclaiming the representations about the vehicle's condition that turned out to be false or misleading, there is no getting around the fact that it does not have a six speed transmission.

  4. #4
    Join Date
    Jan 2016
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    4

    Default Re: When Should You Refund the Money for a Used Vehicle and Take it Back from the Buy

    To Knowitall:
    RV's are not as simple as automobiles are, they have 1000's of features built-in that barely people know about, even experts dont know about them all. In RV's the automobile part is often neglected, and it is not easy to know the number of speeds the transmission have.

    After landing at airport, he was in love with it. He inspected it, and still was in love with it, he rammed it against a curb and he was still in love. Somehow "after" making payment and signing purchase agreement and taking title, something happened. And he just didn't wanted to leave me alone, as if he felt bored. We talked for hours and hours. I tried to send him his way - i had things to do, but he was in no mood to leave, he then asked me to show him every other component, and thats when the problems started. He complained the water system is bubbly (water has air-particles) and he does not want to buy the motorhome. As I was leaving him at the motel, thats where he said he suspects it is not 6 speed. I told him, well, that is your information to verify and to do it before the deal is signed, I could only relay what I was told. I then called dealership 2nd time to my surprise, adn this time they said yea it is 5 speed.

    And to clarify, there is no problem with the transmission, the RV infact is in very good condition, at a way below wholesale price, and also realize it is more than 6 years old. And if you are in RV industry, you would know even brand-new units have many many things that are wrong and need to be fixed and maintained continously. In fact, I did not use the words, but in my presence he calls his insurance company, and for some reason they were giving him difficulty in insuring it, and he said 'it is in brand-new condition'. I blushed and confused at same time, that he has been unhappy with me, moments ago, and now he is telling somebody that it is 'brand-new' ... his words, not mine.

    To adjusterjack:
    Quote Quoting adjusterjack
    View Post
    What you should have done after depositing his cashiers check and signing over the title was to hand him his keys and said "bon voyage."

    I don't think a cashiers check can be cancelled but you can verify that with your bank in the AM.

    Then give him his keys and say "You bought it you own it, goodbye."
    Yes, but I was trying to treat him as I would love others would treat me. But soon I realized there maybe more to it when he started saying things like he has right now $6M dollars in his bank account, and then how monstrously evil the government is, and that one of his companies was confiscated for no cause.

    I did call his bank (which as parent company are same). Spoke to 2 people (Banker + Manager) today, they said once you 'deposit a check', it cannot be cancelled or stopped (it could be done only prior to the deposit). However there is a hold on that check from the bank itself for like 10 days as their normal process. Which means, that even if I wanted to (and frankly I dont want to), I cannot refund till the next 10 days. However, I am not 100% certain on this info, because the same bank I called like 5 days ago, and a Manager told me that everything can be recalled, a wire, a certified check, direct debit, anything, should the buyer decide to post an appropriate sum of bond, the Bank indeed will recall the money. Now I dont know who is right who is wrong.

    This is horrible situation for me, I have to carry him everywhere. Would it be considered appropriate, if I tomorrow I took him to police station, and in their presence offered him the option:
    a) you inspected vehicle, signed a contract, its over now. I am offering you on record fair deal in front of officers: take the keys and the vehicle (since you are the owner now) and walk away. You have no liability.
    b) Should you leave vehicle, and I have to hold it, I may need to charge you per day fees, should you decide to come and pick it up later.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: When Should You Refund the Money for a Used Vehicle and Take it Back from the Buy

    Quote Quoting CDR
    View Post
    RV's are not as simple as automobiles are, they have 1000's of features built-in that barely people know about, even experts dont know about them all. In RV's the automobile part is often neglected, and it is not easy to know the number of speeds the transmission have.
    You were asked specific questions about your vehicle. If anybody should know your vehicle, it is you. "It's hard to give the correct answer" is not a defense to an incorrect statement about the transmission -- it's a confession of mistake, which in this case is grounds for rescission. Also, it would appear that nothing you misstated was particularly difficult to verify, as your buyer appears to have quickly identified your mistakes upon having actual access to the vehicle.
    Quote Quoting CDR
    After landing at airport, he was in love with it. He inspected it, and still was in love with it, he rammed it against a curb and he was still in love. Somehow "after" making payment and signing purchase agreement and taking title, something happened.
    Before he saw the vehicle, he loved it. When he saw the vehicle, he loved it. You have already told us that the "something" that happened was that he discovered that you misrepresented the condition of the vehicle and the nature of its transmission. If you don't want that sort of "something" to happen, you need to be accurate when describing the vehicle to buyers.
    Quote Quoting CDR
    As I was leaving him at the motel, thats where he said he suspects it is not 6 speed. I told him, well, that is your information to verify and to do it before the deal is signed, I could only relay what I was told.
    There, you're wrong. It's your job to not misrepresent the vehicle to potential buyers. Frankly, if you said something like that to me, I would interpret it as all-but-a confession that you were lying about the vehicle to get a sale, then taunting me that I didn't catch you lying before I agreed to buy it.
    Quote Quoting CDR
    This is horrible situation for me, I have to carry him everywhere.
    If you give him his check back, you can tell him to call a taxi or ride sharing service to get back to the airport (or bus or train station, as he prefers).
    Quote Quoting CDR
    Would it be considered appropriate, if I tomorrow I took him to police station....
    The police don't care about your transaction.

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