Craiglist buyers wants money to cover cost or will sue

[elle13ad4u]

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


Hello,

I am seeking advice for my current situation. A few weeks ago I sold my car on Craigslist. The buyer came and inspected the car, test drove it, inspected the engine and paid us. 5 minutes down the road he calls back saying something was wrong with the car, the check light engine was on. The car was in good running condition prior to the sales. Well, my husband offered to help in any way we can at the time, so the buyer said he would have the car looked at by an auto store and see what was the issue. The buyer called that evening and said he was told it was either plugs or valves issues. Since this was the first time we sold a car on CL we wanted to make it a smooth and good experience so we offered him a refund in return for the car. He stated via text that his daughter liked the car, title was already signed, and that it was his fault for not furthering inspecting. We thought that was the end of it, but he eventually text back the following afternoon and complained that the check light engine was flashing and that he would want to get it looked at by the auto shop and should any major issues be found, he wanted a refund. Being annoyed that he changed his mind we offered him a refund again if he just brought the car back that afternoon. We did make it clear that we be within our comfort zone of giving him a refund that day if he returned the car. He agreed to do so, however, he flaked out at the last minute and text us saying he had someone looked at the car and they think it was another issue to do with the motor mount so they now want him to bring the car in to look at. After reading that text we become uncomfortable and suspicious that all these issues were occurring while the car was in his possession and text him back stating that we went out of our way to make time for him and yet he did not return the car as agreed so we do not feel comfortable giving him a refund anymore. After that we ended all communications. He called but we ignored. My wife became overwhelmed by his text and calls so she changed her number. We did received a letter from him claiming that we had taken advantage of his daughter and that we misrepresented the car. He claims that he paid over 400 dollars to fix the car and that the mechanic told him we messed with the engine priors to the sale and knew it was in bad shape before selling to him. He claims that the only reason why he did not drive the car that evening to return was because it was unsafe to do so, but he never mentions this to us and instead agreed to return car. He's changed his story from being told that the check light engine is on due to plugs and valves, to motor mount issues, and now states that he had to replace the catalytic converter over 400 bucks. We don't feel obligated to give him any money because we know the car worked before he drove off with it and we did offer him refund twice in which he did not bring back the car as agreed for the refund. My question is now that he has personally written us a letter with intent to sue if we do not give him back some money, should we respond back or seek legal advice? Thanks in advance and sorry for the long story, just want to be thorough.

 

[sandyclaus]

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


Hello,

I am seeking advice for my current situation. A few weeks ago I sold my car on Craigslist. The buyer came and inspected the car, test drove it, inspected the engine and paid us. 5 minutes down the road he calls back saying something was wrong with the car, the check light engine was on. The car was in good running condition prior to the sales. Well, my husband offered to help in any way we can at the time, so the buyer said he would have the car looked at by an auto store and see what was the issue. The buyer called that evening and said he was told it was either plugs or valves issues. Since this was the first time we sold a car on CL we wanted to make it a smooth and good experience so we offered him a refund in return for the car. He stated via text that his daughter liked the car, title was already signed, and that it was his fault for not furthering inspecting. We thought that was the end of it, but he eventually text back the following afternoon and complained that the check light engine was flashing and that he would want to get it looked at by the auto shop and should any major issues be found, he wanted a refund. Being annoyed that he changed his mind we offered him a refund again if he just brought the car back that afternoon. We did make it clear that we be within our comfort zone of giving him a refund that day if he returned the car. He agreed to do so, however, he flaked out at the last minute and text us saying he had someone looked at the car and they think it was another issue to do with the motor mount so they now want him to bring the car in to look at. After reading that text we become uncomfortable and suspicious that all these issues were occurring while the car was in his possession and text him back stating that we went out of our way to make time for him and yet he did not return the car as agreed so we do not feel comfortable giving him a refund anymore. After that we ended all communications. He called but we ignored. My wife became overwhelmed by his text and calls so she changed her number. We did received a letter from him claiming that we had taken advantage of his daughter and that we misrepresented the car. He claims that he paid over 400 dollars to fix the car and that the mechanic told him we messed with the engine priors to the sale and knew it was in bad shape before selling to him. He claims that the only reason why he did not drive the car that evening to return was because it was unsafe to do so, but he never mentions this to us and instead agreed to return car. He's changed his story from being told that the check light engine is on due to plugs and valves, to motor mount issues, and now states that he had to replace the catalytic converter over 400 bucks. We don't feel obligated to give him any money because we know the car worked before he drove off with it and we did offer him refund twice in which he did not bring back the car as agreed for the refund. My question is now that he has personally written us a letter with intent to sue if we do not give him back some money, should we respond back or seek legal advice? Thanks in advance and sorry for the long story, just want to be thorough.

Ignore them. The used vehicle sale in MO is considered "as is" unless you offered then a specific warranty or guarantee of fitness IN WRITING, or you intentionally misrepresented the condition of the vehicle (and it can be proven that you did).

The buyer had the opportunity - and obligation - to have the vehicle inspected prior to completing their purchase. If they are not thoroughly knowledgeable about mechanical issues themselves, they should have hired their own private mechanic to perform the inspection. They chose to inspect on their own, and accepted the vehicle as they found it. Heck - they even acknowledged at one point that they should have had the vehicle inspected and they didn't do it, so it was their own fault.

Let them sue. If they do, they will have to prove intentional misrepresentation in order to prevail. You didn't give them any kind of written guarantee or warranty, did you? When you offered to do what you could, you were simply being nice, not accepting an obligation to pay for repairs that the buyer didn't anticipate.

 

[elle13ad4u]

Ignore them. The used vehicle sale in MO is considered "as is" unless you offered then a specific warranty or guarantee of fitness IN WRITING, or you intentionally misrepresented the condition of the vehicle (and it can be proven that you did).

The buyer had the opportunity - and obligation - to have the vehicle inspected prior to completing their purchase. If they are not thoroughly knowledgeable about mechanical issues themselves, they should have hired their own private mechanic to perform the inspection. They chose to inspect on their own, and accepted the vehicle as they found it. Heck - they even acknowledged at one point that they should have had the vehicle inspected and they didn't do it, so it was their own fault.

Let them sue. If they do, they will have to prove intentional misrepresentation in order to prevail. You didn't give them any kind of written guarantee or warranty, did you? When you offered to do what you could, you were simply being nice, not accepting an obligation to pay for repairs that the buyer didn't anticipate.

Thank you for your prompt response. We disclosed all issues that we knew about the car during the sales transaction. I also forgot to mention that they test drove the car twice. As you put it when we offered to help we were being nice, but no way did we provide any written warranty or guarantee that we would fix the car after the sales. We simply offered him full refund twice to bring back the car during a specific time frame, in which he did not want to, he kept making up excuses that he was out of town, or that he wanted to keep it until looked at, and then that it was unsafe to drive, but to our knowledge before the sales, the car was running fine, no issues at all. All of the issues occurred only after he drove off with it. In no way did we misrepresent the car in our CL ad, we mentioned all of the flaws and what we knew and was fair to him.

 

[swalsh411]

If he continues to harass you, tell him that you will report it to the police.

 

[elle13ad4u]

If he continues to harass you, tell him that you will report it to the police.

Thanks for your response. We ended all communications that evening when he did not show up as agreed to for refund with return of the car. I changed my number after that because I was overwhelm by the issue. Somehow, he figures out where we lives and mails us a letter threatening to sue unless we pay him back for repairs on the car he had done. He claims that we verbally said we "would help fixed in any issues and that after we said that he informed us that he would get back to us in a couple of days." He certainly twisted that statement, because though we did offer to help we in no way said verbally nor written any proof that we would help him repair the car or pay for any expenses done. Instead we offered him a full refund in return for the car, but he states it himself that his daughter liked the car, the title was already signed and that it was his fault for not further inspecting the car. The second offer for a refund he did not show up to return the car and made more excuses. My husband and I assumes that he wants to keep the car but wants some of his money back so therefore he's pinning the issues that occurred while the car was in his possession on us. We never witnessed any of the issues that occurred to the car after he drove it and so we were a bit wary about all the things he said. I am thinking that its best for me to seek legal advice in my local area just to give me a peace of mind.

 

[elle13ad4u]

Thanks for your response. We ended all communications that evening when he did not show up as agreed to for refund with return of the car. I changed my number after that because I was overwhelm by the issue. Somehow, he figures out where we lives and mails us a letter threatening to sue unless we pay him back for repairs on the car he had done. He claims that we verbally said we "would help fixed in any issues and that after we said that he informed us that he would get back to us in a couple of days." He certainly twisted that statement, because though we did offer to help we in no way said verbally nor written any proof that we would help him repair the car or pay for any expenses done. Instead we offered him a full refund in return for the car, but he states it himself that his daughter liked the car, the title was already signed and that it was his fault for not further inspecting the car. The second offer for a refund he did not show up to return the car and made more excuses. My husband and I assumes that he wants to keep the car but wants some of his money back so therefore he's pinning the issues that occurred while the car was in his possession on us. We never witnessed any of the issues that occurred to the car after he drove it and so we were a bit wary about all the things he said. I am thinking that its best for me to seek legal advice in my local area just to give me a peace of mind.

I forgot to ask, I am wanting to seek legal advice but I am not sure what field of lawyers should I look into, if anyone can suggest something helpful, I'd greatly appreciate it!

 

[swalsh411]

Stop worrying about it. You don't need a lawyer. You did not offer a written warrenty which is the only thing that would put you on the hook for repairs.

 

[davew128]

I changed my number after that because I was overwhelm by the issue.

Overreact much?

 

[elle13ad4u]

Overreact much?

Well, this is our first time being in this situation. I guess maybe we have overreacted a bit, but we know we done no wrong to the buyer. He has our address and names, he knows how to reach us otherwise.

 

[elle13ad4u]

Stop worrying about it. You don't need a lawyer. You did not offer a written warrenty which is the only thing that would put you on the hook for repairs.

Thanks, I am going to ignore the letter and just wait out for his next response. I will be back to update. Thanks again for your time and responses.

 

[Lixim]

You don't need a lawyer. As long as the car was listed as if you can't be sued, especially since the guy came by and inspected it before he drove off with it. If anything you could sue the buyer for harassment. The guy is threatening you and that won't fly with the courts.

 

[Silverplum]

You have no idea of what to post, do you?

You don't need a lawyer. As long as the car was listed as if you can't be sued, especially since the guy came by and inspected it before he drove off with it. If anything you could sue the buyer for harassment. The guy is threatening you and that won't fly with the courts.