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  #1  
Old 11-16-2009, 09:56 AM
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Join Date: Nov 2009
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Delaware Private Sale Used Car Question


Delaware
My daughter recently sold a used car via a listing in Craig's List. She informed the buyers, verbally, of the defects known to her and encouraged them, again verbally, to take the car to a mechanic prior to actually completing the deal. The buyers chose not to take the car to a mechanic, but purchased it on their initial visit. (They actually had already listed the vehicle on their own insurance policy prior to ever actually laying eyes upon it.)

There is no written record of any of the above, save for the initial listing on Craig's list which is probably still available.

Several phone calls from the buyers after the fact have been received, wherein they claim that the vehicle needs approximately $2000 in repairs to make it "safe". No particular details were provided.

Today my daughter is in receipt of a letter from an attorney demanding the approximately $2000 within seven days. Legal proceedings are threatened should she not comply.

Additional Facts:

My daughter is not mechanically adept herself. She was aware that the front brakes "pulsed" ('99 Toyota 4Runners have notoriously easily warped rotors), and that a front end alignment was also indicated. She verbally relayed this information to the buyers prior to the sale.

She did not append "As is" to the title, and I do not believe that she even created an actual bill of sale. (here in Delaware, on need only sign over the title to complete the sale). It was my understanding that absent any indication to the contrary, ALL such sales are "As is", but of course, I may be wrong.

Any insight would be most gratefully appreciated.
  #2  
Old 11-16-2009, 10:01 AM
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Quote:
Originally Posted by Timagination View Post
It was my understanding that absent any indication to the contrary, ALL such sales are "As is", but of course, I may be wrong.
You are not wrong.

Private party sales of this type and age vehicle are AS-IS.

She should tell this pushy buyer to stick it.
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  #3  
Old 11-16-2009, 04:22 PM
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Xylene, thank you for your response. This jives, of course, with everything that I've been able to Google up today regarding this issue. Should anyone be surprised that the buyers were able to find an attorney willing to draft such a scurrilous letter, given the presumed knowledge said attorney most likely had?

Anyway, thanks again.
  #4  
Old 11-16-2009, 04:40 PM
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Quote:
Originally Posted by Timagination View Post
Xylene, thank you for your response. This jives, of course, with everything that I've been able to Google up today regarding this issue. Should anyone be surprised that the buyers were able to find an attorney willing to draft such a scurrilous letter, given the presumed knowledge said attorney most likely had?

Anyway, thanks again.
Anyone can get an attorney to write a letter for $50
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Originally Posted by grndslm View Post
Right. That is a statute... just as I'd presumed.

Yea! Ziggy the Court Jester presiding.
It is not LAW.

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