• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

As is question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TINN

Junior Member
What is the name of your state? Connecticut . I sold a 1997 dump truck with it plow and Sander on it to a private party On a Thursday . I put as is on the bill of sale . The buyer came to look at it in the dark a week before he picked it up . He made me an offer which I told HIM I would have to get back to him on. I also told him he should come back during the day and get a good look at the vehicle . he did not Until the day he bought it . He then called me on the Wednesday,the day before the sale and I made a counteroffer which he accepted . He said he would come out Thursday and buy the truck . He arrived with two friends one of which he said knew a lot about trucks and they looked over the truck for about two hours . The buyer drove the truck and had me drive his friend around the block as well . In the course of driving the vehicle we noticed a pulsation in the brakes . This truck has been off the road for about nine months as I no longer needed it and transferred to registration to another truck . the pulsation was not there when we were using the truck. In fact I drove the truck around my lot regularly to keep it running . The truck was insured until sold. at that point I'd told the buyer that it would need some brake work. When he was driving it and told me about the pulsation I thought it might be the front rotors warped . After I drove his friend I told him it felt like it may be the rear brakes . They then proceeded to find an oil leak. To me it looked as though the oil pan had rust spots on it and I assume that that's where the leak was coming from . He was not sure so he called his friend at a garage and they said they would have to look at it to determine where the oil leak was coming from . At that point the offer he made was reduced in light of the repairs needed . He accepted that and we preceded with the deal . They did not have a plate or insurance for it so they decided to put it on and equipment trailer. something I told them they should not do because are going to bang the plow into the trailer trying to get it up there. they assured me that they had done this before and it would be no problem . They spent two hours banging around putting the truck on the trailer . The following Monday they showed up telling me that when they went to take the plow off the truck the frame holding the plow was rusted off . he was also complaining about the reduction in price we agreed upon because now it needs the main seal to repair the oil leak . He said he put twelve miles on it wanted to return the truck , that he had brought it to several places and they said the plow frame was rusted beyond repair. They also said it looked like it had been welded prior to this . I'm not the original owner of the truck . His friend at the repair shop said that it needed a new rear main seal for the oil leak as opposed to the oil pan (a more costly job ). he also said he had a motor vehicle inspector, and look at the truck and they said the frame was not safe. originally when he called came and looked at the truck I reiterated the truck was low miles 25,000, but it was rusty from plowing and sanding. now he's telling me he's going to go out of business if I don't given his money back . And he's threatening me with legal action and attaching my house .I wonder what type of abuse it got getting on and off the trailer and in the twelve miles it drove. Sorry for the long winded story but you need all the facts . Am I at all liable? Advise please .
 
Last edited:


I AM ALWAYS LIABLE

Senior Member
TINN said:
What is the name of your state? Connecticut . I sold a 1997 dump truck with it plow and Sander on it to a private party On a Thursday . I put as is on the bill of sale . The buyer came to look at it in the dark a week before he picked it up . He made me an offer which I told HIM I would have to get back to him on. I also told him he should come back during the day and get a good look at the vehicle . he did not Until the day he bought it . He then called me on the Wednesday,the day before the sale and I made a counteroffer which he accepted . He said he would come out Thursday and buy the truck . He arrived with two friends one of which he said knew a lot about trucks and they looked over the truck for about two hours . The buyer drove the truck and had me drive his friend around the block as well . In the course of driving the vehicle we noticed a pulsation in the brakes . This truck has been off the road for about nine months as I no longer needed it and transferred to registration to another truck . the pulsation was not there when we were using the truck. In fact I drove the truck around my lot regularly to keep it running . The truck was insured until sold. at that point I'd told the buyer that it would need some brake work. When he was driving it and told me about the pulsation I thought it might be the front rotors warped . After I drove his friend I told him it felt like it may be the rear brakes . They then proceeded to find an oil leak. To me it looked as though the oil pan had rust spots on it and I assume that that's where the leak was coming from . He was not sure so he called his friend at a garage and they said they would have to look at it to determine where the oil leak was coming from . At that point the offer he made was reduced in light of the repairs needed . He accepted that and we preceded with the deal . They did not have a plate or insurance for it so they decided to put it on and equipment trailer. something I told them they should not do because are going to bang the plow into the trailer trying to get it up there. they assured me that they had done this before and it would be no problem . They spent two hours banging around putting the truck on the trailer . The following Monday they showed up telling me that when they went to take the plow off the truck the frame holding the plow was rusted off . he was also complaining about the reduction in price we agreed upon because now it needs the main seal to repair the oil leak . He said he put twelve miles on it wanted to return the truck , that he had brought it to several places and they said the plow frame was rusted beyond repair. They also said it looked like it had been welded prior to this . I'm not the original owner of the truck . His friend at the repair shop said that it needed a new rear main seal for the oil leak as opposed to the oil pan (a more costly job ). he also said he had a motor vehicle inspector, and look at the truck and they said the frame was not safe. originally when he called came and looked at the truck I reiterated the truck was low miles 25,000, but it was rusty from plowing and sanding. now he's telling me he's going to go out of business if I don't given his money back . And he's threatening me with legal action and attaching my house .I wonder what type of abuse it got getting on and off the trailer and in the twelve miles it drove. Sorry for the long winded story but you need all the facts . Am I at all liable? Advise please .

My response:

You really don't think we're going to wade through all of that, do you?

If your post needs to be this long, then see a local attorney.

IAAL
 

Crazed98

Member
Some of your post is confusing but basically if you sold the truck to him as is you cannot be held liable for anything wrong with the truck especially after he took it off your property and did God knows what with it.
 

Gadfly

Senior Member
It sounds as though after 2-hours of inspecting they had plenty of oportunity to find what was "wrong" with the truck.

What part of "as is" don't they understand. :confused:

Get a local attorney.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top