I'm being threatened to be sued!

[round 1]

What is the name of your state (only U.S. law)? Ca

Hello recently I sold a car to a private party.. Sold the car for 2000.00 n took a big loss but needed to sell because we needed a family car. Anyhow this woman came and asked a lot of questions and test drove the car. Anyhow 2 days later she asks if she can return the car because she says the tranny is slipping. I was like you test drove the car and liked it. I told her I'm sorry but I already bought a car with the money she gave me and I cannot take the car back.. Well today her brother asks the same and I told him I cannot take it back. He says in bold lettering REALLY TOO BAD TOU WON'T TAKE IT BACK. Now this car has a salvaged title and I know Cali is a as is state.. Does she have any ground?

 

[OHRoadwarrior]

Did you advise them the car was salvage and had a salvage certificate? If it had a revived title did you also provide a current smog cert?

 

[round 1]

Yes I did in my add and it states on the title under vehicle history "salvaged title"

 

[OHRoadwarrior]

Did you advise them the car was salvage and had a salvage certificate? If it had a revived title did you also provide a current smog cert?

I revised this after your response. Please re-read and answer again. Which did it have?

 

[latigo]

What is the name of your state (only U.S. law)? Ca

Hello recently I sold a car to a private party.. Sold the car for 2000.00 n took a big loss but needed to sell because we needed a family car. Anyhow this woman came and asked a lot of questions and test drove the car. Anyhow 2 days later she asks if she can return the car because she says the tranny is slipping. I was like you test drove the car and liked it. I told her I'm sorry but I already bought a car with the money she gave me and I cannot take the car back.. Well today her brother asks the same and I told him I cannot take it back. He says in bold lettering REALLY TOO BAD TOU WON'T TAKE IT BACK. Now this car has a salvaged title and I know Cali is a as is state.. Does she have any ground?

Correction:

California “is NOT an ‘as is’ state”. Not with respect to the sale of a new or used motor vehicle that is not being sold "to a dealer or for the purpose of being wrecked or dismantled”.

Otherwise, among possible other things, the sale must be made in compliance with California Vehicle Code Section 24007(b)(2) (Tendering a Current Smog Certificate.)

Also, if you intend to rely solely on your advertisement as setting the terms of the sale, then there is the issue of you being able to conclusively prove that the buyer even read it!

I don't mean to imply that the buyer has legal grounds to rescind the transaction, but as OHR has mentioned, you are coming up short with the necessary information.

 

[round 1]

Yes I did provide a smog certificate. She still had a lil more then 9 days left on the 90 day period to get it put in her name. I wasn't being sneaky at all. I guess her brother that texted me was a police officer, she replied later and said this is her exact text. "Hey sorry about that My brother had my phone...this is joanie....My brother are very mad about the car.Dont worry all they will do is pull u over alot Yeah that car is a piece of crap I messed up by buying it U got me..."

 

[round 1]

So basically I'm being threatened with being harassed. I was truely honest about the sale. I took a huge loss with it and she knew it.

 

[OHRoadwarrior]

It does not appear they have any reason to rescind the sale. It does appear you knew their was an existing transmission problem, when you sold the car. You say you sold at a great loss, was this to cover the transmission damage?

 

[swalsh411]

I wouldn't worry about this supposed cop brother. Even if he does exist I highly doubt he is going to risk his career over a 2k used car sale when his sister is clearly in the wrong. And even less likely he is going to get his cop buddies to waste their time and risk complaints by pulling you over for no reason.

 

[round 1]

To ohroadwarrior, where in this thread did I say I knew of an existing transmission problem? I put money into the engine n not the tranny because I wasn't told by the dealer that I had such a problem as I went in to see about my mpg problem and a slipping transmission would be a cause and they did check it and it was working efficianty.

 

[OHRoadwarrior]

To ohroadwarrior, where in this thread did I say I knew of an existing transmission problem? I put money into the engine n not the tranny because I wasn't told by the dealer that I had such a problem as I went in to see about my mpg problem and a slipping transmission would be a cause and they did check it and it was working efficianty.

You didn't. In addition to free legal advice, you also get your morality judged. Apparently, you just passed. Congrats. It would have been a really crappy thing to sell them a car knowing the tranny was bad.

 

[round 1]

Yeah well I'm a very honest person and I do believe in karma.. I wouldn't want anyone to do it to me do u wouldn't screw them over ya know

 

[Banned_Princess]

Yeah well I'm a very honest person and I do believe in karma.. I wouldn't want anyone to do it to me do u wouldn't screw them over ya know

Keep telling them no, then report their harassing behavior to the police.

 

[Willlyjo]

Yeah well I'm a very honest person and I do believe in karma.. I wouldn't want anyone to do it to me do u wouldn't screw them over ya know

Hey there Round1! You seem to lead an interesting life! Ever consider writing a book? Nice hearing from ya again!