Sale of Used Car, now buyer wants refund.

What is the name of your state? NY

I sold my 94 Sunbird on Tuesday, today is Friday. The guy who bought it paid me cash for the sale and I filled out the title and along with it gave him a receipt for the purchase stating the car is sold "as is".

He had his daughter register it the next day. He called me last night (2 days after purchase) and said there is an oil leak and he wants a refund. I called him back and told him I would not accept a return and refund his money because the car was sold as is, stated clearly on his receipt.

He said he talked to his attorney and was told he has 3 days to return the car for a full refund. I never heard of that and called New York State DMV, which also confirmed there is no law like that when buying from a private party.

He is threatening to take me to small claims court to get his money back. I told him he had two chances to check the car over before he purchased it and I'm sorry he did not see this before he bought it.

Am I obligated to give him a refund? I sold the car to him for $1000. Can he take me to court and if he can, can he actually win?

Sandee38 said:

Can he take me to court

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You bet. I can even take you to court.

Sandee38 said:

and if he can, can he actually win?

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Nope. "As-is" (aka "caveat emptor") is the controlling principle in NY and he has no case whatsoever.

Sandee38 said:

What is the name of your state? NY

Am I obligated to give him a refund? I sold the car to him for $1000. Can he take me to court and if he can, can he actually win?

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Tell him to go sh*t in his hat. Before purchasing the vehicle he could have had it inspected by an dealer with your permission. Since he did not do this, it would follow under buyer beware. Sure he can take you to court, but no judge in their right mind is going to order anything. The car is 12 years old, and a Pontiac******************************************

What does he expect here??? It's a $1,000 Sunbird, for Christ's sake!

The 3 day return threat , is just a threat .

As you found out " as-is " sales are usually final , and a Judge would have told the buyer you had a chance to have it inspected and did not , end of story .

There is one way the buyer may be able to prevail , and that is if the seller advertised it in a certain way , other than what was actually sold ." Misrepresentation " .

But then , it's a toss of the coin , depending on the Judge , and testimonies in court .

BTW , Lemon Laws only apply to Dealer Sales .....This case would be taken to Small Claims Court , if the buyer Files .