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Private party car sale. Law suit?

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Gambler99

Junior Member
Florida

I recently sold a car, private party, that I only owned for about 3 months. The car worked fine for the few months that I owned it. I never had it in the shop, or inspected before I bought it. I am not a dealer.

The new owner called me today, 6 days after they bought it. They said that they took it to a mechanic today and the mechanic said that the car had been in a wreck, and that it needs $2000 to fix several codes that are coming up.

I told them that the horn was not working before they bought it, and they checked to see if it was because of a fuse. It was not a fuse problem, but the buyer didn't seem too concerned.

When he called today, he said that I either need to give them $2000 to fix the repairs, or take the car back. I feel bad for them, but I don't want to pay to fix a car that I sold, or take the car back. I have already used the money from the sale to buy a different car.

We signed very detailed documents stating that they were buying the car as-is. Here's the kicker...he is saying that the check engine light bulb had been removed...and said that it was illegal for me to sell the car with the bulb removed.

I have no idea if it had been removed, but if it had been, it sure wasn't by me. If it don't pay him for the repairs, or take the car back, does he have legitimate ground to sue me and win?
 


Banned_Princess

Senior Member
Florida

I recently sold a car, private party, that I only owned for about 3 months. The car worked fine for the few months that I owned it. I never had it in the shop, or inspected before I bought it. I am not a dealer.

The new owner called me today, 6 days after they bought it. They said that they took it to a mechanic today and the mechanic said that the car had been in a wreck, and that it needs $2000 to fix several codes that are coming up.

I told them that the horn was not working before they bought it, and they checked to see if it was because of a fuse. It was not a fuse problem, but the buyer didn't seem too concerned.

When he called today, he said that I either need to give them $2000 to fix the repairs, or take the car back. I feel bad for them, but I don't want to pay to fix a car that I sold, or take the car back. I have already used the money from the sale to buy a different car.

We signed very detailed documents stating that they were buying the car as-is. Here's the kicker...he is saying that the check engine light bulb had been removed...and said that it was illegal for me to sell the car with the bulb removed.

I have no idea if it had been removed, but if it had been, it sure wasn't by me. If it don't pay him for the repairs, or take the car back, does he have legitimate ground to sue me and win?
Was the title in your name when you sold it?
 

Banned_Princess

Senior Member
Yes, the title was in my name and I signed it over to them.
I don't see that you are responsible for the 2k and you don't have to take the car back.

as is private sale is as is. you never claimed or wrote it out the the car was in perfect condition. the buyer should have brought the car to the mechanic before the sale was final. which it is now.
 

Zigner

Senior Member, Non-Attorney
I don't see that you are responsible for the 2k and you don't have to take the car back.

as is private sale is as is. you never claimed or wrote it out the the car was in perfect condition. the buyer should have brought the car to the mechanic before the sale was final. which it is now.
Except that it could be argued that removing the check-engine bulb and then saying the car ran fine was fraudulent...
 

Banned_Princess

Senior Member
Except that it could be argued that removing the check-engine bulb and then saying the car ran fine was fraudulent...
well, who is to say who removed the bulb. maybe the buyer took it out. maybe it was never out...

I would take my chances and tell buyer to sue me. let them prove it was ME specifically, or was most likely to be the one who removed the bulb. OP only had the car all of 4 months, unless OP made a significant profit between what she paid for it and what it was sold for, AND he was a mechanical type to know how to remove a check engine light.
 

Gambler99

Junior Member
Thank you for the response. Is the fact that they are claiming that the service engine light had the bulb removed a legal issue for me? Do they have grounds to sue based on the light being tampered with...even though I was unaware of it?
 

Zigner

Senior Member, Non-Attorney
well, who is to say who removed the bulb. maybe the buyer took it out. maybe it was never out...

I would take my chances and tell buyer to sue me. let them prove it was ME specifically, or was most likely to be the one who removed the bulb. OP only had the car all of 4 months, unless OP made a significant profit between what she paid for it and what it was sold for, AND he was a mechanical type to know how to remove a check engine light.
Fraud is one of the times that an "as-is" sales isn't necessarily "as-is" - that was my point.
 

Banned_Princess

Senior Member
Thank you for the response. Is the fact that they are claiming that the service engine light had the bulb removed a legal issue for me? Do they have grounds to sue based on the light being tampered with...even though I was unaware of it?
yes they can sue you. but there is nothing that can stop a civil suit. the question is the probability of outcome.
 

Banned_Princess

Senior Member
Fraud is one of the times that an "as-is" sales isn't necessarily "as-is" - that was my point.
completely true, but IMHO its hard to show deliberate fraud. or even that it is more likely then not to have been deliberate.

OP if you think the buyer can show it was most likely you, then cave and take the car back.. for example, I would think about that "contract" you wrote up for the buy. who requested that document? its alittle more thorough then the normal receipt and title sale. why was that done?
 

xylene

Senior Member
It is very easy to tell if a check engine bulb has been removed, and if the light and the diagnostics are functioning properly.

When you start a car (any modern era post 1970s car) the "CHECK ENGINE" light will illuminate, then dim, then turn off, assuming the OBD2 system has found no faults.

Florida is a "no mandatory state inspection" state, so the absence of the check engine bulb is not a fault in and of itself.

The buyer inspected the car before purchase. Either they saw this, or they did not. It is not fraud unless they can prove the seller removed it in an attempt to defraud, which they can't exactly say because they absence of the check engine light is a conspicuous problem and not a reason why the car cannot be titled, registered, or resold.
 

Gambler99

Junior Member
Thank you. The buyer is actually the one who drafted and brought the sale documents. It looked as if she copied them from something she found on the Internet. They were very thorough, but protected me...and clearly stated the vehicle was bought as-is.

Their tone on the phone was that since the bulb was removed that I was obligated to take the car back...but said that they'd be nice and keep the car as long as I paid for the repairs. I don't feel that I should do either because I didn't know about the bulb (or even knew one existed)... And they could have easily taken the car to get inspected before they purchased it.

I just don't want to get drug into court...and lose...if they have legal right since the bulb was gone.

To answer a previous question, I did not profit significantly from the car. I actually lost about 1000 dollars, but drove it for a few months. It ended up being an extra car for us, that was paid for, and we needed the cash so I sold it.

What should I do...roll the dice and have them take me to court?
 

Banned_Princess

Senior Member
Thank you. The buyer is actually the one who drafted and brought the sale documents. It looked as if she copied them from something she found on the Internet. They were very thorough, but protected me...and clearly stated the vehicle was bought as-is.

Their tone on the phone was that since the bulb was removed that I was obligated to take the car back...but said that they'd be nice and keep the car as long as I paid for the repairs. I don't feel that I should do either because I didn't know about the bulb (or even knew one existed)... And they could have easily taken the car to get inspected before they purchased it.

I just don't want to get drug into court...and lose...if they have legal right since the bulb was gone.

To answer a previous question, I did not profit significantly from the car. I actually lost about 1000 dollars, but drove it for a few months. It ended up being an extra car for us, that was paid for, and we needed the cash so I sold it.

What should I do...roll the dice and have them take me to court?


Well, let me tell you what I would NOT do, I wouldn't pay 2k to fix the car.

take the car back of tell the buyer to bug off. its your decision. we feel that your sale was as is with no warranty or implied warranty, and a supposedly missing bulb isn't categorized by any fraud or attempted fraud.
 

tranquility

Senior Member
I wonder how hard it would be to fingerprint the inside of the console around where the check engine light was. I mean, since the OP had no idea it was missing and he only had the car for three months, there shouldn't be any of his fingerprints there. Right?
 

Gambler99

Junior Member
I wonder how hard it would be to fingerprint the inside of the console around where the check engine light was. I mean, since the OP had no idea it was missing and he only had the car for three months, there shouldn't be any of his fingerprints there. Right?

Works for me...I certainly never touched it. Don't even know where it would be.

Thanks for all the advise!
 

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