Selling used vehicle

[Flooded]

What is the name of your state? MA

My husband just sold a 1997 pick up truck to a guy from NH. The vehicle at this point was primarily used in the winter for plowing for our business. In July my husband dumped money into it to fix anything that needed to be so it would be ready to run this winter.

In the mean time decided to put a for sale sign on it. We got a call this weekend from a very anxious buyer. Wanted it in a half hour. He told my husband that a friend of his had consulted with out mechanic and that the buyer had crawled under it and checked it out. My husband offered a test run the guy said no I want it.

So the transaction took place. The guy paid cash and we did a bill of sale (AS IS). During this my husband explained the buyer would eventually need to put some money into the brakes. They are what he refers to as spongy. Guy says no problem and off he goes.

Well the next day he calls and is accusing my husband of knowing that the gas tank leaks. How could someone not know they're gas tank is leaking.

Well that truck sat in our driveway for 5 years and we have no leak spots at all. So the buyer is telling my husband he wants money back. After he was already given a break on buying it. I told my husband to ask if he maybe over filled it. The buyer is stating he lost 1/4 tank of gas in a duel tank truck.

I guess the question is where does this stand. The buyer has thrown in the line I'll get my lawyer. Thats fine but where do we stand?

[seniorjudge]

Originally Posted by Flooded

What is the name of your state? MA

My husband just sold a 1997 pick up truck to a guy from NH. The vehicle at this point was primarily used in the winter for plowing for our business. In July my husband dumped money into it to fix anything that needed to be so it would be ready to run this winter.

In the mean time decided to put a for sale sign on it. We got a call this weekend from a very anxious buyer. Wanted it in a half hour. He told my husband that a friend of his had consulted with out mechanic and that the buyer had crawled under it and checked it out. My husband offered a test run the guy said no I want it.

So the transaction took place. The guy paid cash and we did a bill of sale (AS IS). During this my husband explained the buyer would eventually need to put some money into the brakes. They are what he refers to as spongy. Guy says no problem and off he goes.

Well the next day he calls and is accusing my husband of knowing that the gas tank leaks. How could someone not know they're gas tank is leaking.

Well that truck sat in our driveway for 5 years and we have no leak spots at all. So the buyer is telling my husband he wants money back. After he was already given a break on buying it. I told my husband to ask if he maybe over filled it. The buyer is stating he lost 1/4 tank of gas in a duel tank truck.

I guess the question is where does this stand. The buyer has thrown in the line I'll get my lawyer. Thats fine but where do we stand?

Tell the buyer to bite rocks.

If his lawyer writes you, then send that lawyer a copy of the as is receipt.


You could buy it back, add $100 to the cost and sell it again. (Check it out good first.)

[Flooded]

Thank you SJ. You've come through for me again.

[seniorjudge]

Originally Posted by Flooded

Thank you SJ. You've come through for me again.

You are welcome.

[Flooded]

Massachusetts

SJ---- My dad in conversation thought that Mass doesn't have AS IS laws. How would I find this?

We haven't spoke to this nut since his accusations. Is it fair for my husband to say here is $200. fix your own problem don't call me again.

[seniorjudge]

Originally Posted by Flooded

Massachusetts

SJ---- My dad in conversation thought that Mass doesn't have AS IS laws. How would I find this?

We haven't spoke to this nut since his accusations. Is it fair for my husband to say here is $200. fix your own problem don't call me again.

Do what you like; I wouldn't pay the guy anything.


Q: My dad in conversation thought that Mass doesn't have AS IS laws. How would I find this?

A: Hire a Massachusetts lawyer to research this for you. It would cost you probably around $500 or $600.

[Flooded]

Thanks! I guess that is really not worth paying to find out. Because just going to add to the cost of the situation on hand.

Ya- I think that is whats going to happen though. Just going to repeat you bought it, you own it!


Thanks again.

[teflon_jones]

Originally Posted by Flooded

Massachusetts

SJ---- My dad in conversation thought that Mass doesn't have AS IS laws. How would I find this?

Totally untrue. Every state has as-is sales on vehicles.

Originally Posted by Flooded

We haven't spoke to this nut since his accusations. Is it fair for my husband to say here is $200. fix your own problem don't call me again.

Don't give this guy a penny. He bought an as-is vehicle. Period.

[Flooded]

thanks TJ. We haven't heard back from this fellow yet. But do expect a phone call.

I do believe that my husband is going to say sorry not my problem.

He wanted 6500 for it and took 5900. So the break has already been given.