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used car sale

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Spartan1980

Junior Member
What is the name of your state? Massachusetts
Hi, I recently sold a 96 Taurus that I had been advertising for $1500. We negotiated the price down to $1200 and then I gave him another $200 off to cover cost of repair of the tie rod ends, which was only defect I knew of as it had failed inspection for this reason. Now the guy is back with $500 worth of repair receipts he had to have done and he says the car still hasn't passed inspection. He wants me to pay for at least some of the extra repairs.
I told him that to my understanding in the state of MA I am not liable for any extra unless he could prove that I knew of the problems, which obviously he cannot. I offered to buy the car back at the sale price but he won't as he has put so much into it already. I believe my responsibility ends there.
His parting words were that I was responsible for all repairs to make the car pass inspection and that he would sue.
What do you think?
 


genivieve

Member
Spartan1980 said:
What is the name of your state? Massachusetts
Hi, I recently sold a 96 Taurus that I had been advertising for $1500. We negotiated the price down to $1200 and then I gave him another $200 off to cover cost of repair of the tie rod ends, which was only defect I knew of as it had failed inspection for this reason. Now the guy is back with $500 worth of repair receipts he had to have done and he says the car still hasn't passed inspection. He wants me to pay for at least some of the extra repairs.
I told him that to my understanding in the state of MA I am not liable for any extra unless he could prove that I knew of the problems, which obviously he cannot. I offered to buy the car back at the sale price but he won't as he has put so much into it already. I believe my responsibility ends there.
His parting words were that I was responsible for all repairs to make the car pass inspection and that he would sue.
What do you think?
I think you DO have a problem here, and I will explain why. Recently I went to a NY auction with my father's wholesaler.

I was really interested in a Volvo, bid on it, and it did not do the price. At that point when the seller is not there, it is called an "if" bid, if the seller accepts my offer when contacted then its sold. Well the dealer called me the next day and I asked why is he selling the car. He stated it was his brothers from Mass and in Mass a person to person sale, the buyer can go back on you at anytime either it being 2 months or one year. And even though he was now loosing a ton of money selling the car at the auction, in the long run if something was to happen he would be saving his as@ in court later.

I now understand why it is when I go to Waverly there are at least 100 Mass cars there every week.
 
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S

shell007

Guest
Private Party Sales Massachusettes:

Purchasing a motor vehicle from a private party does not provide you with the same warranties as buying from a dealer. The law provides only that a private party seller must inform you, before the sale is completed, of all defects the seller knows of which impair the used motor vehicle's safety or substantially impair its use. The seller's failure to disclose known defects entitles the buyer, within 30 days after the sale, to rescind the sale and receive a refund of the full amount, except for a reasonable deduction for use ($.15 per mile). The private party seller is not required to make or pay for repairs, only to refund the purchase price minus the use deduction.
 

justalayman

Senior Member
The Used Vehicle Warranty Law requires private party sellers to inform buyers about any and all known defects which impair the safety or substantially impair the use of the vehicle. The law applies to all private party sales regardless of sales price or mileage. If you discover a defect that impairs the vehicle_s safety or substantially impairs the use, and can prove that the seller knew about the defect but failed to disclose it, you may cancel the sale within thirty days of purchase. The seller must refund the amount you paid for the vehicle, less 15 cents per mile of use.
Now using the post genevieve so nicely, provided please note the bolded portion above.

It can be very hard to prove what the seller actually did know. So it would seem to be spartan is correct.
 
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