Author Topic: Sold a car. new owner found problems. wants money for repairs  (Read 7015 times)

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Sold a car. new owner found problems. wants money for repairs
« on: September 21, 2011, 08:53:59 am »
Hi!
I sold a car in May to a girl in the small town where I live. I had the car through the winter season without any problems, and today I got an E-mail from the girl. She had taken the car to the mechanics and they found a few different problems with the car, and valued it to coast around 1500$ to fix. I sold the car to her for 4200$ (starting price 5000$) I reduced the price because I knew it leaked oil, and told her she needed to shampoo the engine and find the leaks.

She now wants ME to pay half of it, and claims that she is entitled to ask for this money from me. Which I strongly doubt.

this is the mail she send me:
Quote
I have just had it at the mechanics and there is around $1500 worth of work that needs to be done to it.

The centre bearing needs replacing as does the stableizers, there are so many oil leeks they have to shampoo and die test the engine as well as pressure test it. I have also had to put a new battery in it and a new air filter. and I have had to change the oil twice since I bought it from you 3 months ago.

So basically I am writing to ask you for some of the money I paid for the car back as it is going to cost me $1500 to repair it and I have already spent around $350. I would like you to at least pay half of what I have to spend on it. - around $900.

I have checked with the mechanics and all the things that have need repairing have been in need of repair for some time now, meaning they are things that were wrong with the car when I bought it, not things that have happened since I have owned it.

this is a shitty situation but I am entitled to ask for some of the purchase price to be refunded for the repairs to be made. I would like to be civil about this, and now have to go to court for the money.

The battery worked fine the whole winter and she nicely started the car and drove off when she bought it. And the rest of the things are stuff I didn't even know about.
So, my question is, IS she entitled to ask for money? Cause I can't see any sanity in that. does anyone have any information what so ever that could help me in this?

Thanks!



Offline Mike

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #1 on: September 21, 2011, 09:03:02 am »
I am not 100% if the laws in BC are the same, but I assume they are

She is entitled to nothing.  If you sold it to her safetied and certified with a mechanics note, then you should be fine.  If you sold it to her as is, your 110% fine.

She bought a $4200 car.  She expected it to be perfect?  ::)  There is a reason new cars don't start at $4200

Buyer beware.


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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #2 on: September 21, 2011, 09:08:56 am »
Hi!
I sold a car in May to a girl in the small town where I live. I had the car through the winter season without any problems, and today I got an E-mail from the girl. She had taken the car to the mechanics and they found a few different problems with the car, and valued it to coast around 1500$ to fix. I sold the car to her for 4200$ (starting price 5000$) I reduced the price because I knew it leaked oil, and told her she needed to shampoo the engine and find the leaks.

She now wants ME to pay half of it, and claims that she is entitled to ask for this money from me. Which I strongly doubt.

this is the mail she send me:
Quote
I have just had it at the mechanics and there is around $1500 worth of work that needs to be done to it.

The centre bearing needs replacing as does the stableizers, there are so many oil leeks they have to shampoo and die test the engine as well as pressure test it. I have also had to put a new battery in it and a new air filter. and I have had to change the oil twice since I bought it from you 3 months ago.

So basically I am writing to ask you for some of the money I paid for the car back as it is going to cost me $1500 to repair it and I have already spent around $350. I would like you to at least pay half of what I have to spend on it. - around $900.

I have checked with the mechanics and all the things that have need repairing have been in need of repair for some time now, meaning they are things that were wrong with the car when I bought it, not things that have happened since I have owned it.

this is a shitty situation but I am entitled to ask for some of the purchase price to be refunded for the repairs to be made. I would like to be civil about this, and now have to go to court for the money.

The battery worked fine the whole winter and she nicely started the car and drove off when she bought it. And the rest of the things are stuff I didn't even know about.
So, my question is, IS she entitled to ask for money? Cause I can't see any sanity in that. does anyone have any information what so ever that could help me in this?

Thanks!




She's certainly entitled to ASK

She's just not legally entitled to GET

You disclosed the problems you knew about due to the visual evidence..oil leaks. You are done.
She had the option of taking it to a mechanic before she bought. She had the option of declining the sale when you informed her of the oil leak. She did neither.

Especially in a small town I too would ASK for money. WHy? Because I might GET some money form someone who's afraid word will "get around" in the small town. However this has no hope of holding up in small claims court or any other type of court. There is no documentation to prove you gave any kind of warranty or assurance. You don't have X ray vision to see inside the engine and there is no requirement for you to GUESS what might be wrong with the car because that's what you would be doing if there are internal engine problems.

Because its a small town maybe you feel compelled to do something.Is this person a someone you know outside of the sale? I'd likely politely replied that I disclosed what I knew about the car at the TIME of sale and that you agreed to buy based on that information. Its unfortunate but I have no liability. Indicate that this is the end of the matter and that you will not discuss it further or reply to any further inquires.

Then do not reply to any more emails no matter what she threatens (but keep them in case you need them). Chances are very good she will not even bother to take you to small claims court. If she does she won't win and she'll be out the fees to file the claim.  

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #3 on: September 21, 2011, 09:16:23 am »
I agree with the above but had to laugh because she also wanted money for an air filter and oil changes. I think that part says it all and she is trying to screw you out of your money.

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #4 on: September 21, 2011, 09:19:09 am »
However this has no hope of holding up in small claims court or any other type of court.

I doubt it would hold up in the food court.  

Whenever I buy a used car I change all the fluids and repair the odd thing that needs to be done so the car is perfect.  I can't imagine whining about a battery and an air filter.


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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #5 on: September 21, 2011, 09:19:18 am »
I agree with the above but had to laugh because she also wanted money for an air filter and oil changes. I think that part says it all and she is trying to screw you out of your money.

I found that quite funny.  As well as "I needed two oil changes since I bought it from you three months ago"  ???  If the car is burning/leaking oil wouldn't you be potentially going longer between oil changes since there is always fresh oil in the car?

Only conclusion I can make is she thinks topping up the cars oil = oil change  :rofl:

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #6 on: September 21, 2011, 09:50:13 am »
Yep,

The buyer hasn't got a leg to stand on. I could sit all day here telling stories of my 8 years selling new & used cars of the stuff people tried to pull, I will limit it to a few precise statements.

This is what happens when you buy a used car, in particular when you were 100% crystal clear that there were engine leaks, we are now talking almost half a year later AND the fact that you already gave $800 bucks off the price of the car at the time of the transaction. There's the half of your $1500 my dear. This is a person to person used car sale. You are neither a dealer nor a mechanic, just one person selling a car to another one on a heavily implied "as-is, where is" basis.

Even if she bought it from a dealer, without some kind of explicit warranty purchased, there is little to no implied obligation. I had a few instances where stuff broke right away and we would fix it, but after a few weeks, nah. It's a used car!!! Smart dealers will explain cheap warranty options from companies like Lubrico, Ensurall or Trans-Canada starting from say a $79 3 month/5,000 km powertrain warranty and have all customers sign off a form declining it if they don't take it. That way their arse's are plenty covered. That kind of documentation is rock solid in front of a judge.

As a rule of thumb whenever I sell one of my vehicles, the bill of sale with whoever is buying it (in Ontario our UVIP documents provide for this) includes the words "Vehicle sold as-is, where is, no warranties of any kind mentioned or implied". If I am supplying safety and emissions certificates, then it will also read "3rd party Ontario Safety Standards and Drive-Clean certificates provided".

Otherwise, what is she looking for? Did she think for some reason that a $4200 used car with clearly stated issues was going to be infalable? I get that $4200 doesn't fall from the sky, but as Mike says were you expecting perfection? 4200 bucks is barely 30% of even the least expensive of new cars.

It sucks that you're in a small town; gossip, rumour and conjecture are likely spread like manure flowing downhill.

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #7 on: September 21, 2011, 10:59:54 am »

I found that quite funny.  As well as "I needed two oil changes since I bought it from you three months ago"  ???  If the car is burning/leaking oil wouldn't you be potentially going longer between oil changes since there is always fresh oil in the car?

Only conclusion I can make is she thinks topping up the cars oil = oil change  :rofl:

No burning oil usually makes the oil dirtier and does nothing for the filter which is really the only reason to have your oil changed in the 5000 k interval. Most oils are still good way past 5000 K. You would probably be safe to just change your filter and top up your oil every other interval but with the amount of work involved you might as well just change the oil as well.
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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #8 on: September 21, 2011, 11:32:43 am »
Hi!
I sold a car in May to a girl in the small town where I live. I had the car through the winter season without any problems, and today I got an E-mail from the girl. She had taken the car to the mechanics and they found a few different problems with the car, and valued it to coast around 1500$ to fix. I sold the car to her for 4200$ (starting price 5000$) I reduced the price because I knew it leaked oil, and told her she needed to shampoo the engine and find the leaks.

She now wants ME to pay half of it, and claims that she is entitled to ask for this money from me. Which I strongly doubt.

this is the mail she send me:
Quote
I have just had it at the mechanics and there is around $1500 worth of work that needs to be done to it.

The centre bearing needs replacing as does the stableizers, there are so many oil leeks they have to shampoo and die test the engine as well as pressure test it. I have also had to put a new battery in it and a new air filter. and I have had to change the oil twice since I bought it from you 3 months ago.

So basically I am writing to ask you for some of the money I paid for the car back as it is going to cost me $1500 to repair it and I have already spent around $350. I would like you to at least pay half of what I have to spend on it. - around $900.

I have checked with the mechanics and all the things that have need repairing have been in need of repair for some time now, meaning they are things that were wrong with the car when I bought it, not things that have happened since I have owned it.

this is a shitty situation but I am entitled to ask for some of the purchase price to be refunded for the repairs to be made. I would like to be civil about this, and now have to go to court for the money.

The battery worked fine the whole winter and she nicely started the car and drove off when she bought it. And the rest of the things are stuff I didn't even know about.
So, my question is, IS she entitled to ask for money? Cause I can't see any sanity in that. does anyone have any information what so ever that could help me in this?

Thanks!




"SOLD AS IS" on the bill of sale?

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #9 on: September 21, 2011, 11:39:26 am »
So many variables:

How does she look?
Are you related?
Family friends?

The garage is probably just taking advantage of her ignorance. I could find $2500 of fluff work on any $4k car. When I met my wife she had a Maxda MX-6 Turbo 4WS.  With Eastern rust it was probably worth $5k tops. CT had identified $4k of "work" that it needed. It needed nothing, at least for the next 3 years that she drove it.

I would probably see if the battery needs a charge and perhaps source her a cheap used one. All depends on how she looks though...

richink

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #10 on: September 21, 2011, 11:59:06 am »
The garage is probably just taking advantage of her ignorance. I could find $2500 of fluff work on any $4k car.
:iagree: Her mechanic's goal is to generate revenue for their business.

She still only paid $4200 for the car. Have a nice life sweetie!

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #11 on: September 21, 2011, 12:58:01 pm »
Certainly smells like a mechanic drumming up business. Tell her to pound sand. This is why I never sell a used car to anyone I know even if it is a good car. Once they are out of my driveway it has nothing to do with me.

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #12 on: September 21, 2011, 01:07:27 pm »
Certainly smells like a mechanic drumming up business. Tell her to pound sand. This is why I never sell a used car to anyone I know even if it is a good car. Once they are out of my driveway it has nothing to do with me.

Hmmm...would you say the same thing if you were the buyer?  "My tough luck...hope I do better next time."

As I indicated in my earlier post, it could be more complicated depending on what was said to her.  It would appear, though, that she is in part just trying to seek contribution for new parts.

Absolutely - I buy a used car then I am on my own after the fact. If I choose to waive a pre-purchase inspection that is my risk not the sellers. It isn't like he lied about a salvage title or something. She wants money for a battery and air filter - those are consumables. From the description it sounds like it needs a bearing. It might be that the buyer ignored the oil leak and ran it low on oil - pure speculation but it is four months later ...

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #13 on: September 21, 2011, 01:10:18 pm »
I've sold two cars privately, both were problem free.  However, in the sale agreement I make sure to note "SOLD AS IS".  Covers my ass a little further.  If a car does have issues that the seller is aware of, they should be noted in the sale agreement along with the sold as is.  That way, everyone is aware of any issues the vehicle has and the seller has the paper trail to back it up.
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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #14 on: September 21, 2011, 01:19:38 pm »
Tell her to look for the 710 cap, she might need a new one.


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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #15 on: September 21, 2011, 03:07:02 pm »
If I was the OP, I'd also be worried about my reputation: I'd be worried that after I gave her the money I'd be known around town as an easy mark who is ripe for another shakedown!

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #16 on: September 21, 2011, 03:39:50 pm »
Tell her to look for the 710 cap, she might need a new one.

 :rofl:

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #17 on: September 21, 2011, 04:06:43 pm »
Certainly smells like a mechanic drumming up business. Tell her to pound sand. This is why I never sell a used car to anyone I know even if it is a good car. Once they are out of my driveway it has nothing to do with me.

Hmmm...would you say the same thing if you were the buyer?  "My tough luck...hope I do better next time."

As I indicated in my earlier post, it could be more complicated depending on what was said to her.  It would appear, though, that she is in part just trying to seek contribution for new parts.

I reduced the price because I knew it leaked oil, and told her she needed to shampoo the engine and find the leaks.



He told her it had leaks. That's what he knew. There is no way you could know about the internal bearings. Doesn't seem complicated to me. What she chose to do or not do with the disclosure it had leaks has 0 to do with the seller.

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #18 on: September 21, 2011, 05:39:37 pm »
Thank you all for all the good answers!

I've seen a lot of people talking about the small-town thing, but I can assure you all that that is not a problem. Non of us are originally from Canada, and the small town is a season-town where people come and go all the time.

My problem right now is that I have to take care of all this business through e-mail, though I'm not in Canada at the moment, and I need to formulate this in a nicely way.

Does anyone have any sources for their facts? Like a website or equal that I could enclose with my answer to her? I need something to back myself up with. 

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Re: Sold a car. new owner found problems. wants money for repairs
« Reply #19 on: September 21, 2011, 05:57:21 pm »
She doesn't have a leg to stand on.  She should of taken the car to her mechanic BEFORE the purchase, not AFTER.  Getting a mechanical inspection is the most crucial part of buying a used car.  She bought it as is with no inspection.......her lack of due diligence makes her SOL. 
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