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Sold a car but buyer is threatening

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advicevictim

Junior Member
What is the name of your state (only U.S. law)? TX

I had this car that had an oil leak problem, not too much, but enough to create a spot on the floor and to top every 2 mo or so. I did not have enough time, money and motivation to try to fix the problem (I had two more cars - three total between me and my wife). Hence I decided to put it up for sale a little below blue book value. Whenever anyone would call I would tell them about the oil-leak problem. Normally they would not call back at this point.

However this guy called and as usual I told him about the problem. He told me that the leak is probably happening from the engine and hence it would be a big expense. Then he offered me $2000 less than my asking price. I refused. But he told me to think about it and call him if I was interested. Later thinking that probably $2000 is a good compensation for fixing the problem, I decided to sell it to him.

He showed up, looked at the car, checked the oil level, drove it. The car used to drive smooth, no indication of anything being wrong with the engine. He liked the car and bought it.

Next day he called and started saying that the engine is in really bad shape and started threatening me of contacting his attorney etc. I got scared, I was not expecting this, since I had clearly mentioned to him about the problem. I offered him to bring the car back and I will return the money. He refused to do that either.

So my question is, is there anything he can do? Aren't the cars sold on as-is basis?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? TX

I had this car that had an oil leak problem, not too much, but enough to create a spot on the floor and to top every 2 mo or so. I did not have enough time, money and motivation to try to fix the problem (I had two more cars - three total between me and my wife). Hence I decided to put it up for sale a little below blue book value. Whenever anyone would call I would tell them about the oil-leak problem. Normally they would not call back at this point.

However this guy called and as usual I told him about the problem. He told me that the leak is probably happening from the engine and hence it would be a big expense. Then he offered me $2000 less than my asking price. I refused. But he told me to think about it and call him if I was interested. Later thinking that probably $2000 is a good compensation for fixing the problem, I decided to sell it to him.

He showed up, looked at the car, checked the oil level, drove it. The car used to drive smooth, no indication of anything being wrong with the engine. He liked the car and bought it.

Next day he called and started saying that the engine is in really bad shape and started threatening me of contacting his attorney etc. I got scared, I was not expecting this, since I had clearly mentioned to him about the problem. I offered him to bring the car back and I will return the money. He refused to do that either.

So my question is, is there anything he can do? Aren't the cars sold on as-is basis?
You can certainly tell him to enjoy his new car. ;)
 

Country Living

Senior Member
Did you get a bill of sale? Did you pull the tags off the car? I suspect neither. I do hope you got the guy's name and address.

The first thing you need to do is to immediately complete the Vehicle Transfer Notification which can now be done online: https://vision21.txdot.gov/Vehicle/VehicleLookup.aspx This form notifies the state you sold the vehicle in case the guy doesn't register it and gets parking tickets, fines, etc.
 
Thanks for the reply. This makes me very relieved. So what you are saying is that next time when he calls I can tell him do whatever you want to do?
I'd tell the guy to leave you alone, and that you made no misrepresentations about the car. Unless there is something that you are leaving out, I see no recourse for the buyer of your automobile.
 

Country Living

Senior Member
Now the explanation

In Texas, used cars are sold "as is". The buyer had an opportunity to have his mechanic give the car a thorough inspection prior to purchase. His failure to do so does not shift the responsibility back to you.

You need to (read that HAVE TO) make sure TxDot (who now oversees car titling) is notified the car has been sold. You cannot assume the buyer will quickly change the title. You cannot assume the buyer will not do something stupid / illegal with the car and have the title point back to you.

Now that you've taken a minute to fill out the form, make notes on what you're going to say when he calls again. Do not defend. Do not explain. Simply tell him the car was sold as-is and you have already notified TxDot he is the new owner. Leave it at that.
 

advicevictim

Junior Member
In Texas, used cars are sold "as is". The buyer had an opportunity to have his mechanic give the car a thorough inspection prior to purchase. His failure to do so does not shift the responsibility back to you.

You need to (read that HAVE TO) make sure TxDot (who now oversees car titling) is notified the car has been sold. You cannot assume the buyer will quickly change the title. You cannot assume the buyer will not do something stupid / illegal with the car and have the title point back to you.

Now that you've taken a minute to fill out the form, make notes on what you're going to say when he calls again. Do not defend. Do not explain. Simply tell him the car was sold as-is and you have already notified TxDot he is the new owner. Leave it at that.
Thank you so much. I really appreciate everyone's reply particularly yours. I do plan on reporting the transfer but so far I had not done so because I was afraid that I may have to take the car back and this would just make things even more complicated.

Please let me know that you are 100% sure that in TX the cars are sold as-is implicitly (because obviously I haven't asked him to sign any such document - I am not a dealer). I do not mean to insult you or anything, I am just trying to make sure that I am doing the right thing when I close the option of taking the car back by reporting the sale to TXDOT.

Thanks once again.
 

Country Living

Senior Member
The car was sold as-is.

Did he give you a check? If so, then you have his name and address which I believe is needed for the online title transfer form (the old paper form required that information).

You already offered to buy the car back for the amount he paid for it. He declined. By now he's finding out the Lemon Law does not apply to this purchase. I'm assuming he's old enough to know he should have had the car checked out before buying it. The only person he should be mad at is himself.

The next time you sell a used car pull the tags and remove the tag sticker from the windshield.

It's over.
 

arresTed

Member
Well, I'm no lawyer but here's my two cents. Now, it seems to me that what we got here is the sale of a car. Being that that is so, I reckon that Texas's adoption of the Uniform Commercial Code would apply. Now I ain't no lawyer, but I did stumble across a copy of the UCC one time. That was back when I was reading phone books and dictionaries and encyclopedias and what not. Now it would seem to me that under the UCC, el buyer would have a reasonable period of time to check the car out. You know, take it for a spin and kick the tires for a bit. Far as I can tell, el buyer would have been well within his rights to reject said vehicle during that reasonable period. Now, since he called you the next day expressing his dissatisfaction with his end of the bargain, it appears to me that el buyer rightfully rejected. Well, that's all up and good. The way I see it, you then offered el buyer his dinero back. In other words, and I'm no lawyer, you didn't offer to buy back the car, you were offering him his money back upon rejection of the car. The problem as I see it though, is that he rejected the car but then refused to return it! Now that just don't make a whole heap of sense to me. I guess you could clear things up by just asking the feller. Yep, you could probably say, "El buyer, you accepting this car or rejecting it? Cuase if you rejecting it, I got your money right here. But if you're accepting it, well, then I do believe are business here is finished."

As far a threat to call his lawyer? Idle.
 
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Country Living

Senior Member
Well, I'm no lawyer but here's my two cents. Now, it seems to me that what we got here is the sale of a car. Being that that is so, I reckon that Texas's adoption of the Uniform Commercial Code would apply. Now I ain't no lawyer, but I did stumble across a copy of the UCC one time. That was back when I was reading phone books and dictionaries and encyclopedias and what not. Now it would seem to me that under the UCC, el buyer would have a reasonable period of time to check the car out. You know, take it for a spin and kick the tires for a bit. Far as I can tell, el buyer would have been well within his rights to reject said vehicle during that reasonable period. Now, since he called you the next day expressing his dissatisfaction with his end of the bargain, it appears to me that el buyer rightfully rejected. Well, that's all up and good. The way I see it, you then offered el buyer his dinero back. In other words, and I'm no lawyer, you didn't offer to buy back the car, you were offering him his money back upon rejection of the car. The problem as I see it though, is that he rejected the car but then refused to return it! Now that just don't make a whole heap of sense to me. I guess you could clear things up by just asking the feller. Yep, you could probably say, "El buyer, you accepting this car or rejecting it? Cuase if you rejecting it, I got your money right here. But if you're accepting it, well, then I do believe are business here is finished."

As far a threat to call his lawyer? Idle.
The reasonable period is before the purchase. Take your idiotic musings elsewhere.
 

arresTed

Member
The reasonable period is before the purchase. Take your idiotic musings elsewhere.
Well, like I said, I ain't no lawyer. But I do no this, the reasonable period DOES NOT end upon purchase.

You telling me that if you bought something online, let's say on Amazon, paid for it (el purchase) and then received it two weeks later, opened it, found it wasn't up to satisfaction, you couldn't return it? Of course you could.

Ain't that after the purchase?

Yes sir, I do believe you are dead wrong about the reasonable period to reject.

El UCC don't make no mention of the right to reject ending upon purchase. The right to reject ends upon ACCEPTANCE. And even after acceptance, el buyer can still revoke acceptance under some conditions.

So yeah, I don't think my advice is bad.

And as to the feller who keeps shouting "as is! as is!" That's all find and good. But what I'm talking about is the ability to return the car, which is in issue completely separate from the issue of any warranty.

But hey, I ain't no lawyer.

Now please feel free to tell me where any of the above is an idiotic musing or bad advice. But please be specific, if you wouldn't mind, because it's easy to say someone is wrong but not so easy to what is wrong.
 
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Zigner

Senior Member, Non-Attorney
Well, like I said, I ain't no lawyer. But I do no this, the reasonable period DOES NOT end upon purchase.

You telling me that if you bought something online, let's say on Amazon, paid for it (el purchase) and then received it two weeks later, opened it, found it wasn't up to satisfaction, you couldn't return it? Of course you could.

Ain't that after the purchase?

Yes sir, I do believe you are dead wrong about the reasonable period to reject.

El UCC don't make no mention of the right to reject ending upon purchase. The right to reject ends upon ACCEPTANCE. And even after acceptance, el buyer can still revoke acceptance under some conditions.

So yeah, I don't think my advice is bad.

And as to the feller who keeps shouting "as is! as is!" That's all find and good. But what I'm talking about is the ability to return the car, which is in issue completely separate from the issue of any warranty.

But hey, I ain't no lawyer.

Now please feel free to tell me where any of the above is an idiotic musing or bad advice. But please be specific, if you wouldn't mind, because it's easy to say someone is wrong but not so easy to what is wrong.
You are wrong...idiotic and bad advice are a given from you.
 

Antigone*

Senior Member
Well, like I said, I ain't no lawyer. But I do no this, the reasonable period DOES NOT end upon purchase.

You telling me that if you bought something online, let's say on Amazon, paid for it (el purchase) and then received it two weeks later, opened it, found it wasn't up to satisfaction, you couldn't return it? Of course you could.

Ain't that after the purchase?

Yes sir, I do believe you are dead wrong about the reasonable period to reject.

El UCC don't make no mention of the right to reject ending upon purchase. The right to reject ends upon ACCEPTANCE. And even after acceptance, el buyer can still revoke acceptance under some conditions.

So yeah, I don't think my advice is bad.

And as to the feller who keeps shouting "as is! as is!" That's all find and good. But what I'm talking about is the ability to return the car, which is in issue completely separate from the issue of any warranty.

But hey, I ain't no lawyer.

Now please feel free to tell me where any of the above is an idiotic musing or bad advice. But please be specific, if you wouldn't mind, because it's easy to say someone is wrong but not so easy to what is wrong.
Your adivce is idiotic and you're foolish. You are in no way prepared to give advice, so stick to things you know like talking smack over police radios and getting arresTed.
 

arresTed

Member
Your adivce is idiotic and you're foolish. You are in no way prepared to give advice, so stick to things you know like talking smack over police radios and getting arresTed.
Come on, y'all. You keep saying I'm wrong but you're not telling me how I'm wrong! Teach me something.

How am I wrong?
 
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