Craiglist issue - car sold - buyer wants refund.

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elle13ad4u

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I sold a car during the weekend. The buyer came, inspected the car, test drove it twice. They decided to buy the car. Title and notice of sale was signed and money paid. They drove off with the car but called within a couple of minutes stating that the check light engine came on. Prior to the sales, my husband informed the buyer of the check light engine being turn on but we had changed the spark plug and that fixed it. Anyways, we were surprised that all of a sudden this happened, especially after he drove off with the car. So buyer says he will take car to Auto store to have it looked at and get back to us that night. He did text us later that evening and said he was told it was something to do with sensors, valves, or plugs. He seemed upset and so this being our first time selling a car we decided to offer him a refund. But instead he insisted that they liked the car already signed the title, he blamed himself for not further inspecting the car. That was the end of his text and so we honestly thought he was fine with the situation. However, the following day he text again saying the check light engine was still flashing and that he wanted to take it to the shop in a couple of days to get it looked at and if any major issues arise he wanted his money back. Well, my husband and I talked it over and did not feel comfortable with him keeping the car that long especially since he was complaining so much and had changed his mind again, so we offered him a refund if he brought the car back that day. We did clearly stated to him that we would be comfortable giving him a refund if the car was returned that afternoon. He agreed but wanted to meet at a later time so we scheduled the time and location to meet in the evening. Now we made it clear that we would provide him a refund that day only if he returned the car. When it got close to meeting up he text us again saying he was not coming and that he had someone looked at the car and claim there was more bigger issues with motor (The car had no issues that we were aware of prior to the sales, it ran and drove fine. Also had been looked by a mechanic and passed inspection a few weeks prior to sales) Anyhow, he wanted to keep the car and have it looked at in a couple of days and would get back to us. However, we became suspicious of all these issues that were occurring while the car was in his possession. That made us feel even more uncomfortable about taking the car back and especially since he did not show up with the car as agreed for his refund. So we text him back saying that we went out of our way to give him back his money and now he decides not to show up with the car as agreed, therefore we told him that we are not comfortable with providing him a refund since he did not return the car that evening. He called but we ignored it. I know he's probably angry, but we are more upset because he's bringing up all these issues to us after the car being in his possession and who knows what he did to it. We tried to be fair to him and make it a pleasant experience for him, but he continued to annoy us by changing his mind so therefore we did not feel the need to refund him since he wanted to keep the car longer in his possession. We have proof of all the conversation in text btw. My question is if we are pursued by him in court would he win the case? Thanks in advance!
 
Generally when you buy a used car, you buy as is. It's let the buyer beware. You normally would not be responsible for any problems after the car is sold. However, no one can say for sure what a court/judge would decide.
 
A private car sale (citizen AAA to citizen BBB) is an "as is sale". He can sue, but he'll never prevail if things are as you say. All you'd have to say is you sold him the car as is. You offered to return his money, he refused. That's your defense. At this point STOP communicating with him. I hope you got cash and not a check.
 
Hi, thanks for your responses! We never spoke or text him back that night after he was a no-show on us. We figured he wanted to keep the car but yet wanted to pin some issues on us so he can get back some money. He did pay with cash as well, so that's a good thing for us.
 
Great that you got cash. As Army Judge said, stop communication with him on your end at this time.
 
A private car sale (citizen AAA to citizen BBB) is an "as is sale". He can sue, but he'll never prevail if things are as you say. All you'd have to say is you sold him the car as is. You offered to return his money, he refused. That's your defense. At this point STOP communicating with him. I hope you got cash and not a check.

Good for you, plus he already signed the title.

Its HIS car, no longer yours.

Its also HIS problem, and he can't prove that there was anything wrong with the car when he paid you cash, drove away, and later endorsed the title.

He's trying to scare you, stand your ground.

If he sues you, so what?

He has to prove you promised him a warranty or a guarantee.

You didn't, because all you said is you're selling the car "as is".
 
Thanks everyone for your advice. We just now receive this letter from the buyer, he wrote it himself saying we either pay for the cost that he has done to the car at the shop or be sued in court for misrepresenting the car. Should I consult a lawyer about this now or should I respond back?
 
I would not do anything at this time - see if you are sued first. If you are, you "should" prevail in court.

Some else may come along with a suggestion. That's mine.
 
Thanks Betty3, he apparently claims now that the reason why he did not bring the car back was because it was unsafe to drive, however, that was never mentioned at the time we offered the refund in which he agreed to. He's now slapping us with estimated cost to fix the car and that he has receipts to prove, also that if we do not respond that he would eventually file a lawsuit against us and that he would notify the attorney general about this issue, which he claims is a scam.
 
Thanks everyone for your advice. We just now receive this letter from the buyer, he wrote it himself saying we either pay for the cost that he has done to the car at the shop or be sued in court for misrepresenting the car. Should I consult a lawyer about this now or should I respond back?


You are under NO obligation to respond to ANYTHING, except documents related to legal process.

That said, if it were my decision, I'd ignore him and his nonsense.

If he sued me, I'd defend.

I'd save all correspondence related to this matter.

You need to decide what is best for you.

It can't hurt you to speak with a lawyer.

Most lawyers will meet with you for the first time at no costs.
 
Thanks Armyjudge. My wife and I said we are just going to ignore this and that if he wants to pursue the case further then so be it. We know we done nothing wrong so we are going to wait out and sees what happens.
 
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