Private Car Buyer - Asking for more money?

[coboltnet]

What is the name of your state? MI

This post is on behalf of my mother.

My mother sold my father's classic car last week to a local buyer for over $6k. My father passed away in April this year. The last time he was in the car was sometime in 2003.

This weekend the buyer contacted my mother and stated that he found a crack in the engine that had been 'recently' repaired with silicone sealant. He asked her to pay for a replacement engine costing over $2k. My mother was not aware of this repair and did not discuss it further.

During this past summer the car was looked at by a couple different mechanics to get it in good running order. Tires were replaced and some exhaust work was done. None of the mechanics did any kind of repair or sealing as described by the buyer. The car had since been driven around the neighborhood and in a local parade without problem.

Does the new owner of this car have any claim against my mother for the cost of a new engine? He has suggested that my mother might also need to pay him for travel time to pick up the car and his time searching for an engine but he's 'being nice' and not charging for this.

Thank you in advance for your assistance,

Coboltnet

 

[xylene]

ASSUMING that the car was sold as is, with no warranty...

Tell the buyer to bite rocks.

 

[cgcivy79]

yep, what he said ^

Sounds like to me this car buyer is going to try and take advantage of an older person.

 

[coboltnet]

A little more info & question

Thank you for your replies. This confirms what I have said to my mom.

I spoke with her about an hour ago (She's in MI, I'm in FL) and she said that someone suggested she give the buyer some money in 'good faith' to smooth things over. I told her this wouldn't be a good idea because it would be like admitting fault.

I've looked around the 'net and couldn't find any MI law that states the buyer had a 'right to rescind' for a private sale. He has threatened to return the car if my mother doesn't pay. Does he have some time limit to return the vehicle in a private sale?

Also, if my mother absolutely insists on giving this guy some money how would she do so without opening herself up to a lawsuit?

Thanks again for your timely responses.

Coboltnet

 

[Zigner]

Thank you for your replies. This confirms what I have said to my mom.

I spoke with her about an hour ago (She's in MI, I'm in FL) and she said that someone suggested she give the buyer some money in 'good faith' to smooth things over. I told her this wouldn't be a good idea because it would be like admitting fault.

I've looked around the 'net and couldn't find any MI law that states the buyer had a 'right to rescind' for a private sale. He has threatened to return the car if my mother doesn't pay. Does he have some time limit to return the vehicle in a private sale?

Nope

Also, if my mother absolutely insists on giving this guy some money how would she do so without opening herself up to a lawsuit?

Have mom get something like this signed BEFORE giving any money (these are settlement negotiations): "In exchange for a certain amount of money, xyz agrees to forever forgive and release any claims against MOM relating to the sale/purchase of the 1969 HOTCAR."

 

[coboltnet]

Thanks!

Thank you for the document language. I keep telling my mom that she doesn't owe this buyer a penny but she is receiving advice from others to pay him something to smooth things over.

It looks like I won't hear more until tomorrow. I think all of my questions have been answered, though.

Thanks again!

Coboltnet

 

[Zigner]

Thank you for the document language. I keep telling my mom that she doesn't owe this buyer a penny but she is receiving advice from others to pay him something to smooth things over.

It looks like I won't hear more until tomorrow. I think all of my questions have been answered, though.

Thanks again!

Coboltnet

Glad to help...and just to be clear. I don't think your mom owes the buyer a dime! She sounds like she's trying to be nice and sometimes that can bite you in the butt!

 

[BL]

What is the name of your state? MI

This post is on behalf of my mother.

My mother sold my father's classic car last week to a local buyer for over $6k. My father passed away in April this year. The last time he was in the car was sometime in 2003.

This weekend the buyer contacted my mother and stated that he found a crack in the engine that had been 'recently' repaired with silicone sealant. He asked her to pay for a replacement engine costing over $2k. My mother was not aware of this repair and did not discuss it further.

During this past summer the car was looked at by a couple different mechanics to get it in good running order. Tires were replaced and some exhaust work was done. None of the mechanics did any kind of repair or sealing as described by the buyer. The car had since been driven around the neighborhood and in a local parade without problem.

Does the new owner of this car have any claim against my mother for the cost of a new engine? He has suggested that my mother might also need to pay him for travel time to pick up the car and his time searching for an engine but he's 'being nice' and not charging for this.

Thank you in advance for your assistance,

Coboltnet

Did your mother advertise the auto ?

If so, How was the Ad worded ?

Was it sold with as-is written anywhere , signed and dated for the sale ?


http://www.lehtoslaw.com/bargainedfor.html

As-is sales are when items are sold "with all faults," so that the consumer is assuming all the risks that may accompany the purchase by way of defects that cannot be easily seen

 

[coboltnet]

Since you asked...

Blonde Lebinese,
The car was listed unsuccessfully three times on eBay with no bids. My mother used a third party auto shop/dealer to list the vehicle but the sale took place after the last listing closed without a bid. The buyer contacted the third party who listed the car but was unwilling to place a bid while the auction was active. After the listing expired last Monday he again contacted the lister and made his offer. Mom accepted the offer through the third party and the deal took place last Wednesday.

My mother only paid the guy who listed the car the costs involved in posting the car on eBay. No other money was paid and the sale took place between my Mom and the buyer. I assumed this meant the transaction was a 'private sale' between two people. Am I incorrect? Thinking about it now, since the sale was generated by the eBay listing but was transacted 'offline' is the business that acted as the third party by assisting my mom with the eBay listing somehow involved, also? (now I feel confused... )

The transaction is only documented on the title, where both parties sign to agree on the odomoter and the amount of the sale and the ownership is transferred. This was a cash sale. There is no other 'bill of sale' stating "As is" or otherwise.

The invdividual that she was working with for the eBay listing is communicating with the buyer and recommending that my mom pay some portion of the amount that the buyer is asking. I think he should stop completely and let mom and this buyer work things out. I would like to get involved but I don't think my mother is willing to let me speak with the buyer or the third party guy, muddying the waters, so to speak.

I still believe that this was a private sale and she doesn't owe anything. I'm ashamed to say that if I am wrong I may have misled this board and, most importantly, my mom. This is why I posted here, for legal guidance and assurance that we're proceeding correctly... Sorry for any confusion - Hopefully this information doesn't change matters....

Thanks,

Coboltnet

 

[Zigner]

And now we have even MORE red flags popping up. Mom should just sit tight.

 

[BL]

And now we have even MORE red flags popping up. Mom should just sit tight.

I'm still wondering what exactly the Ad stated , particularly in reference to the condition of the car .

But I also agree to the red flags and the 3rd party still being involved , and the fact the car was driven around and through a parade.

 

[coboltnet]

eBay listing

Here is the original listing, copied from a printout. Punctuation and ellipses are included as written. Only location and contact info is omitted where stated. It was listed twice since then. The second listing just showed the QA that took place on the first. I didn't see the third, final listing:

"Hello...this Riv is being repped for a woman whose husband had an affinity for this generation of sport coupe...it is equipped with all the standard power accessories and is licensed and parade ready...it was featured in this year's ***** Parade (other location details omitted)....the gentleman has passed away and we now have been appointed to show this on ebay...he brought this home from north carolina, had a new upholstery job done on the seats, mechanicals as needed and pampered it... it is very original and has much potential...the trim needs attention on the windsplit and scripts...chrome is thin on the bumpers...the interior needs to be tidied up...but i drove it home and have started it and moved it a bunch...(contact info details omitted)"

The rest of the auction had the usual vehicle info.
I've done a quick look on eBay for cars of this type and there is an engine available for just $300. Anything else up to the $2500 figure this guy is asking for would cover a whole car and then some.

I'll be happy to post any specific details requested. Since I left out the info about the 3rd party business that was helping I don't want to miss any other extenuating circumstances that might make my mother liable for anything.

PS: Regarding the parade, this car was driven in over 15 parades in the twenty years or so that my family has owned it (once per year, actually, with a break since 2003 when my Dad got really sick). This year it was driven by a very experienced driver and my mother rode in it for the first time ever, in honor of my father's memory. She said the driver did well and after the parade the car was driven out of town at normal speed to cool off the engine. There were no issues with the motor at that time or subsequent. As you can see from the above it was driven to the business location for the eBay listing without problem.

As always, I appreciate your attention to this lengthening thread..

Coboltnet