I'm having problems with a person that bought my car and I need advise please!

[ICD-Phx]

Hello I live in Phoenix AZ and I just sold my 2004 Subaru WRX to a person in Colorado that was buying it for his son. He saw it over the internet and I had a ton of pics and a full description of my modifications. I left the engine completely stock and only upgraded the exhaust. I changed the uppipe/downpipe and exhaust, everything else was left stock. Well when you change the uppipe/downpipe it removes the Catalytic Converters. He came and bought the car Friday and paid me with a certified check from his bank. He called me yesterday Monday saying the car is illegal because it does not have any Catalytic Converters on it and was very upset. I listed what I had done to the car on my original ad and I feel the exhaust system wasn't a major mod. Is it really my fault that he didn't have a knowledge of Subaru's and there modifications before he went ahead with the purchase? I mean I still have the stock exhaust pieces in my garage and I offered to ship them to him. I think he's expecting me to pay for the cost of labor of swapping the exhausts too which I think is silly. Also I already deposited the official check do I need to worry about him putting a stop on it or is that not possible since it’s a certified bank check? This is the first time I sold a car and I'm just really worried. I though that when you sell a car it's as is or does he have any way of coming after me for more money. Also he took out a loan through his credit union to make the purchase. Any advice will be greatly appreciated thanks.

 

[racer72]

Unless you sold the vehicle as an off road vehicle, it is illegal to sell a vehicle without the required emissions equipment. As-is does not apply. You could be subject to some heavy fines for what you did. I would suggest you make the buyer happy, you could be in for a very expensive lesson.

 

[j991]

Based on your post I beleive that you have covered all your bases. As long as you did not post any false information about the car or describe in false information to the buyer then you are okay. Caveat emptor, "buyer beware", is umbrella you fall under. Meaning it is the buyers responsablity to verfiy that the item they are buying is what they want to purchase. It is his responsiblity to ensure that the vehicle is legal in CO if that is what he is concerned about, before he buys the car. The certified check matter depends on what kind of check it is. If it is a basic certified check, that means at the time the check was written the bank verfied that there was enough money in the account to cover the check. It can be stopped. (If that happens then you need to contact the state police and report the car stolen and let them know you were defrauded out of the money). If it is a cashiers check, sometimes called an official check, (which is a version of a certified check) then it is the same as cash and cannot be stopped.

 

[JETX]

Based on your post I beleive that you have covered all your bases. As long as you did not post any false information about the car or describe in false information to the buyer then you are okay. Caveat emptor, "buyer beware", is umbrella you fall under. Meaning it is the buyers responsablity to verfiy that the item they are buying is what they want to purchase. It is his responsiblity to ensure that the vehicle is legal in CO if that is what he is concerned about, before he buys the car. The certified check matter depends on what kind of check it is. If it is a basic certified check, that means at the time the check was written the bank verfied that there was enough money in the account to cover the check. It can be stopped. (If that happens then you need to contact the state police and report the car stolen and let them know you were defrauded out of the money). If it is a cashiers check, sometimes called an official check, (which is a version of a certified check) then it is the same as cash and cannot be stopped.

Ignore this pile of stinking PELOSI as it is 110% NOT correct.

The OP doesn't say WHERE in Arizona, but if he lives or works near Tucson or Phoenix, his 2004 vehicle REQUIRES an emission inspection.

In any case, removing a factory installed catalytic converter is illegal under federal law under the federal Clean Air Act
42 USC § 7522. Prohibited acts
"(3)
(A) for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter prior to its sale and delivery to the ultimate purchaser, or for any person knowingly to remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser; or
(B) for any person to manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter, and where the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use;"
US CODE: Title 42,7522. Prohibited acts

In this case, the seller sold an illegal vehicle. The fact that it was removed and prevents the seller from 'normal use' of the vehicle (can't get registration) is a violation of the 'implied warranty of fitness'.
An implied warranty of fitness for a particular purpose is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose.

The fact that the seller KNEW (or should have known) of the illegal status of the vehicle and that it would NOT meet state emission testing, means the sale (even if it were 'as is') is invalid and the 'contract' is void.

OP... do yourself a favor and negotiate a settlement with the buyer. Either:
1) Bring the vehicle into code yourself, or
2) Compensate the buyer for the costs to have the vehicle brought 'into code', or
3) Refund the money and keep the vehicle.

If you don't, this could cost you far more than you realize.

 

[xylene]

It is unlawful (FEDERAL) to remove emissions control equipment.

Offer to pay for all required parts and labor: make the buyer whole.

You have committed a crime, AND you can be sued.

 

[ICD-Phx]

Thank you

Thank you for your responses, I just feel it's wrong that he's threatening me when I specificaly listed the modification that were dont to the car on my ad. It said Helix Uppipe & Helix Downpipe + exhaust. Why is it my fault for being too specific stating the actual parts instead of saying it's "Catless". He should of had knowledge of what he was buying. I am still going to send him the stock stuff but I don't think I should have to pay for the labor, the guy even works for a car dealership on top of it.

 

[cyjeff]

Thank you for your responses, I just feel it's wrong that he's threatening me when I specificaly listed the modification that were dont to the car on my ad. It said Helix Uppipe & Helix Downpipe + exhaust. Why is it my fault for being too specific stating the actual parts instead of saying it's "Catless". He should of had knowledge of what he was buying. I am still going to send him the stock stuff but I don't think I should have to pay for the labor, the guy even works for a car dealership on top of it.

You really didn't read anything, did you?

It was illegal for you to sell the car in its current condition. No even if's. No maybe then's. No but he should'as.

It was illegal. Like, step in front of a judge and tell him why you thought it would be fun to do away with federal clean air guidelines illegal.

Whining like a baby won't change that fact.

If you don't fix this, he places a call and your world gets very interesting.

 

[xylene]

It was illegal for you to sell the car in its current condition.

Indeed it was ILLEGAL for you to remove the catalytic converter AT ALL.*

unless you were permanently converting the vehicle to off road (race) use.

 

[cyjeff]

Indeed it was ILLEGAL for you to remove the catalytic converter AT ALL.

True, but I was trying to go in baby steps.

Genius here was still whining about "but he should have KNOWN it was an illegal and unregisterable vehicle!!!"

My crapotometer was already pegged on "F".

 

[ICD-Phx]

Thanks again

Thanks again for the info, I could of did without the smart ass remarks guys but thanks anyway.