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Invisiblefastfred
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Re: Sold a car to a guy, now he wants $500 back. [Re: TheFakeSunRa]
    #18164290 - 04/24/13 11:28 PM (11 years, 27 days ago)

Lemon laws almost never apply to private parties unless there's intentional deception constituting outright fraud.

Most of the time they don't even apply to dealers in the ways they should.

Quote:

If he knew about the problem, it's fraud...but he didn't know, so it isn't.




In most states your protection is almost zero.  Even if you know of a problem it usually isn't covered unless the buyer specifically asks about it.  It's not like real estate where you have to disclose everything you know.

Even in those cases there's zero recourse 98% of the time.  Unless you can prove he took it to a mechanic and have paperwork documenting the problem, and you specifically asked him about it and he specifically denied that specific problem, AND that was part of the sale contract, you're pretty much SOL.


-FF


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It drinks the alcohol and abstains from the weed or else it gets the hose again. -Chemy

The difference between the substances doesn't matter. This is a war on consciousness, on our right to the very essence of what we are. With no control over that, we have no need to speak of freedom or a free society. -fireseed

"If we are going to have a war on marijuana, the least we can do is pull the sick and the dying off the battlefield." -Neal Levine (MPP)

I find the whole "my drug should be legal but yours should be illegal" mindset disgusting and hypocritical. It's what George Bush and company do when they drink a cocktail and debate the best way to imprison marijuana users. -Diploid

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Anonymous #1

Re: Sold a car to a guy, now he wants $500 back. [Re: Enlil]
    #18166009 - 04/25/13 11:58 AM (11 years, 26 days ago)

For the sake of argument, I did download a Bill of Sale off the internet and both he and I signed it.  We each got a copy of it.  Within, it contained the paragrah:

Quote:

Seller has no knowledge of any hidden defect in and to the Vehicle, and believes to the best of the Seller's knowledge that the Behicle being sold is in good operating condition.  Said Vehicle is otherwise sold in "as is" condition and where currently located.




The guy did text me back the following day and said "We went and got gaskets for it when we started breaking it down we found out it was the heater hose elbow that went into the manifold. A 7 fix. Thank you we are very happy with the car"

So it turns out this whole thing happened because he jumped to an incorrect conclusion.

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InvisibleCidneyIndole
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Registered: 05/16/05
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Re: Sold a car to a guy, now he wants $500 back. [Re: Enlil]
    #18166043 - 04/25/13 12:04 PM (11 years, 26 days ago)

Quote:

Enlil said:
For private parties is says:

"If you discover a defect that impairs the vehicle's safety or substantially impairs the use, and can prove that the seller knew about the defect but failed to disclose it"

Still gotta prove that the seller knew about it.

As far as the lemon aid law, that's interesting, but there's no indication that the car in question doesn't run....and it has to fail inspection within 7 days...Besides, that only applies if the cost of repairing safety or emission related issues exceeds 10%  A leaky head gasket is neither a safety nor an emission issue.









Of course. That's why I acknowledged those points specifically in my initial post.

I do wonder, however, what would constitute "proof."

I also wonder if an issue would qualify if the seller should have "reasonably" known that there was an issue, even if they didn't know what that issue was, specifically. For example, if it's  been leaking all kinds of fluids, and this was not disclosed by the seller (and maybe the seller didn't even know the problem-- didn't know WHY it was leaking fluids-- just that it was doing so) and this fluid leak represented a major problem in the engine, would that qualify?

I'd be curious to see how something like that played out, if someone wanted to press the issue....


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InvisibleMagicMyc
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Re: Sold a car to a guy, now he wants $500 back. [Re: CidneyIndole]
    #18166105 - 04/25/13 12:17 PM (11 years, 26 days ago)

This guy had no case against you even if he did try to take you to court..!


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Anonymous #2

Re: Sold a car to a guy, now he wants $500 back. [Re: MagicMyc]
    #18167626 - 04/25/13 05:12 PM (11 years, 26 days ago)

I sold a blackberry phonebon craigslist once, it was my dads as he had just gotten an Iphone. He hardly ever uses his phone and this blackberry was in perfect condition. Had all the original papers for it and extra memory cards. Sold it to a lady for $150 and then a couple days later she texts me saying it has water damage and she wants a refund.

I remember her telling us her daughter told her she could get the blackberry flashed for her provider, I'm assuming the daughter didn't know what she was talking about and realized she couldn't flash it.

I just stopped responding.

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InvisibleEnlilMDiscord
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Re: Sold a car to a guy, now he wants $500 back. [Re: CidneyIndole]
    #18167726 - 04/25/13 05:37 PM (11 years, 26 days ago)

Quote:

CidneyIndole said:
Of course. That's why I acknowledged those points specifically in my initial post.

I do wonder, however, what would constitute "proof."



Evidence that makes it more likely than not that the owner knew.
Quote:

I also wonder if an issue would qualify if the seller should have "reasonably" known that there was an issue, even if they didn't know what that issue was, specifically. For example, if it's  been leaking all kinds of fluids, and this was not disclosed by the seller (and maybe the seller didn't even know the problem-- didn't know WHY it was leaking fluids-- just that it was doing so) and this fluid leak represented a major problem in the engine, would that qualify?

I'd be curious to see how something like that played out, if someone wanted to press the issue....


They have a duty to tell the buyer it's leaking, but not to diagnose and identify the exact issue.  Whatever they know, they have to disclose.  It is hard to prove, no doubt.  Usually, these kinds of things are proven when the buyer takes the car to the local mechanic and the mechanic says "like I told that other guy, the head is cracked"


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InvisibleVivaLaMushie
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Re: Sold a car to a guy, now he wants $500 back. [Re: Anonymous #1]
    #18171180 - 04/26/13 10:25 AM (11 years, 25 days ago)

I guess we will be seeing you on Peoples court lol


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