Private Seller of Cars Vs. Dealer

[conflict101]

What is the name of your state (only U.S. law)? PA

I like to buy cars and fix them up. I got really into it and a buddy of mine who owns a car dealership encouraged me to get my sales license and come work for him. He let me use one of his dealer plates. I was selling cars as a private owner but he told me if I really want to move more than 4 cars a year I have to apply for a license so I did in December of 2011.

In January of 2012, I sold a woman a car, she demanded that I accept a return 3 days later because it failed inspection. I said No that the sale was as-is and final.

She is now suing me in court, claiming that I violated the Unfair Trade Act because I represented myself to be a dealer because she test drove the vehicle with dealer plates that I had borrowed from my buddy. I did not become a car salesman until March of 2012 so I don't see what her problem is.

Also would like to add that I sold this to her at my home, I just happened to use the dealer plates to do the test drive that is all. Is that enough reason for her to believe that the transaction was a dealer transaction? thank you.

She is also threating me that she will petitioning the court to add my employer as an additional defendant because the plate was theirs, I don't want to get my employer involved since the plate was his but want to see if she is just bluffing so I settle with her.

I was a private seller at the time of the sale and did not become a salesman until after the fact but she is trying to say that because I had dealer plates at the time of the sale that I misrepresented my status and that I am obligated to oblige under dealer laws. this lady is completly nuts and comes to my job demanding for her money back when she already sold the vehicle to someone else.

 

[sandyclaus]

What is the name of your state (only U.S. law)? PA

I like to buy cars and fix them up. I got really into it and a buddy of mine who owns a car dealership encouraged me to get my sales license and come work for him. He let me use one of his dealer plates. I was selling cars as a private owner but he told me if I really want to move more than 4 cars a year I have to apply for a license so I did in December of 2011.

In January of 2012, I sold a woman a car, she demanded that I accept a return 3 days later because it failed inspection. I said No that the sale was as-is and final.

She is now suing me in court, claiming that I violated the Unfair Trade Act because I represented myself to be a dealer because she test drove the vehicle with dealer plates that I had borrowed from my buddy. I did not become a car salesman until March of 2012 so I don't see what her problem is.

Also would like to add that I sold this to her at my home, I just happened to use the dealer plates to do the test drive that is all. Is that enough reason for her to believe that the transaction was a dealer transaction? thank you.

She is also threating me that she will petitioning the court to add my employer as an additional defendant because the plate was theirs, I don't want to get my employer involved since the plate was his but want to see if she is just bluffing so I settle with her.

I was a private seller at the time of the sale and did not become a salesman until after the fact but she is trying to say that because I had dealer plates at the time of the sale that I misrepresented my status and that I am obligated to oblige under dealer laws. this lady is completly nuts and comes to my job demanding for her money back when she already sold the vehicle to someone else.

You may have been a private seller, but you passed yourself off as a licensed dealer by using the dealer plates. It's likely upon THAT intentional misrepresentation you made that she is suing you as the very dealer you misrepresented yourself to be. Licensed dealers have a specific set of rules and regulations under which they are required to operate. Your choice to take advantage of the dealer title, yet disassociate yourself with the dealership as you please when it is convenient to do so, may well end up screwing you and losing the case if she sues you.

 

[OHRoadwarrior]

Her problem is she had to return the car to get a refund. She cannot do that.

 

[conflict101]

You may have been a private seller, but you passed yourself off as a licensed dealer by using the dealer plates. It's likely upon THAT intentional misrepresentation you made that she is suing you as the very dealer you misrepresented yourself to be. Licensed dealers have a specific set of rules and regulations under which they are required to operate. Your choice to take advantage of the dealer title, yet disassociate yourself with the dealership as you please when it is convenient to do so, may well end up screwing you and losing the case if she sues you.

I never told her I was a dealer and she never asked, No warranty was made and we never even made a bill of sale, as far as Im concerned it was an as is sale, I was not a dealer at the time of the sale, She just thought she was being slick and took a picture of the dealer plate and tried to return a vehicle after she had remorse. I am prepared to fight this all the way.

 

[conflict101]

Her problem is she had to return the car to get a refund. She cannot do that.

Exactly, thank you. She is trying to return a car that she has no legal right to do. She cannot return an as-is sale if it was my own personal vehicle. I just happened to drop the insurance on it and had no plates and just threw the dealer plates on there so we could do a test drive.

 

[OHRoadwarrior]

That is not what I said. She cannot obtain a refund on something she no longer owns and cannot return to you.

she already sold the vehicle to someone else.

Exactly, thank you. She is trying to return a car that she has no legal right to do. She cannot return an as-is sale if it was my own personal vehicle. I just happened to drop the insurance on it and had no plates and just threw the dealer plates on there so we could do a test drive.

 

[conflict101]

That is not what I said. She cannot obtain a refund on something she no longer owns and cannot return to you.

NO she is claiming that due to issues with the car she was forced to sell it for 2500 less than she paid which she is now suing me the difference for plus treble damages because of the fraud that she falsely is accusing me of. So she does not have a case against me because she sold the car, its not my fault she accepted less so why should i be responsible for her loss.

 

[OHRoadwarrior]

Nobody forced her to sell the car at a loss. She chose to do it. You cannot refund her money if she does not return your car.

 

[conflict101]

Nobody forced her to sell the car at a loss. She chose to do it. You cannot refund her money if she does not return your car.

She is claiming that she was forced to "mitigate" her loss because I was a dealer who refused to accept the return. This is why she is suing me. My issue is that will the court consider me a dealer because I was using dealer plates at the time of the sale.

 

[OHRoadwarrior]

She can claim whatever she wishes.

 

[HonorThyFather9]

I never told her I was a dealer and she never asked, No warranty was made and we never even made a bill of sale, as far as Im concerned it was an as is sale, I was not a dealer at the time of the sale, She just thought she was being slick and took a picture of the dealer plate and tried to return a vehicle after she had remorse. I am prepared to fight this all the way.

I dated a guy for two months and he was accused of curbstoning. I do not know how it turned out for him as we broke up but It sounds very similar to what happened here. People post cars online as a private seller but are really dealers. You are crossing a fine line here. Do you really want your employer dragged into this?