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Does the seller have rights?

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dooley

Guest
I sold my car last saturday and it had 230,000 miles on it. I had put a rebuilt engine in it two years ago and had the transmission done. Two months ago I bought a new can and put in alot of money in this car to make it run good....approx. $1000, so I could sell it at its valued price. Well I had a guy call and wanted to see it that night and I told him he could see it better in the light and if he wanted to wait til morning it would be better for him. Well, he was so egar and came to my house to see it. He didnt have all the cash and asked if he could give me $200 to hold the car for a week and I agreed. During that week, he called every day asking questions. I noticed he was getting very strange and I told him The car is old, and it has alot of miles but as far as I know everything was fixed on the car back in October. I told him he is more than welcomed to take the car to a mechanic to have it checked out before the deal is final but he said it was ok. Well after him owning the car for a week he called and left a message on my machine and said the brakes were acting funny and the sterring wheel wasn't turning that good. I was gone for the night so I came home to 2 different messages. That one and another one......the second message was him saying he fixed the brakes and the car was just low on sterring fluid but then he said the car was doing something funny and he was in the desert at his parents house and he suspects it's the transmission and he wants his money back. I'm waiting for my husband to get home so he can call him so I dont know what will happen. This guy wasnt stable from the beginning and the car was in good shape last week. I dont even belive it needed brakes. What are my rights? Do I have any? The money was spent going into my car payment and and so I dont even have the money take the car back and as far as I know That car was in good shape when I sold it. Any help is greatly appreciated.
 


I AM ALWAYS LIABLE

Senior Member
My response:

In California, he has no rights.

This was a private sale and, in a private sale, it's "buyer beware."

Tell him to never call you again.

Oh, he'll try to sue you in Small Claims court - - I can almost guarantee that. However, any judge will tell him the same thing and dismiss the lawsuit.

Now, go to sleep.

IAAL
 
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dooley

Guest
Thanks IAAL,
And you were right. He called this morning and is taking us to court unless we buy the car back. Is there anything on the net that talks about buyers beware laws in california? I've been trying to find something so I can print it out and show this guy so he will just drop it. If I have to go to court so be it, but it's a major waste of time when my husband will have to take off work and loose a day of pay, and my son is disabled, so from me being gone, its a day of him not getting his therapy.
 
A

Angy400

Guest
Hi there,
my hubby just went through what you have written about. He sold a car "As is" to some women. Well a year later they wanted their money back saying they have never been able to drive it. They took us to court. The judge asked them if they bought the car as is. He also asked them if they had registered the car. He also asked if they had taken it to a mechanic for an inspection.The answer to the first two questions was yes. The last one was no. We of course won. Buyer Beware. Luckily on our bill of sale it was stated that the car was being sold "As is", so they couldn't pretend otherwise.
Good luck!
Angela
 
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dooley

Guest
Thanks for the reply, it makes me feel better that you went through the same thing and won. Wow, a whole year later after she bought the car from you she sued! Thats alot of nerve.
 

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