Sold a car privately, buyer wants a refund

ARBL

New Member
Jurisdiction
Texas
Hey there folks,

Some background. I am an individual, not a business. I bought the car from my cousin had owned the car for less then a month and wanted to flip it.

So I sold a car on Facebook through their online marketplace to a buyer. It was an almost 20 year old car for 1k cash.

The buyer looked over the car, test drove it and wanted to purchase it.

Sold the car for cash, the seller and myself signed the title and as well as each signed a bill of sale.

Seller is blowing my phone up and texting me telling me he wants his money back because the car is messed up and that hes going to sue me and that Monday I'll have a lawsuit served to me. I sold the car on Wednesday.

What kind of liability do I have as a seller? Am I required to refund the money if I sold the car as an individual and it messed up after or had issues that I wasn't aware of?
 
Generally, used car sales by individuals are "as-is". Did you give any specific guarantees? Could you be considered a dealer in Texas? (How many cars do you sell in a year?)

If it were me, I'd block his number and be done with it. Many people say they are going to sue, far fewer actually do.
 
Generally, used car sales by individuals are "as-is". Did you give any specific guarantees? Could you be considered a dealer in Texas? (How many cars do you sell in a year?)

If it were me, I'd block his number and be done with it. Many people say they are going to sue, far fewer actually do.


No guarantees at all, this is the first car I've ever bought and sold outside of buying a car new from a dealership.
 
I agree. Ignore it.

He may still draw you in to court, but so long as you show up and provide the information that you gave here you are fine. Fail to show up and you will have problems.

Just curious- what does the bill of sale say? Anything about "as is"?
 
From our Texas Department of Motor Vehicles TxDMV.GOV - Buying or Selling a Vehicle website:

If buying from an individual, have the seller accompany you to YOUR COUNTY TAX OFFICE to avoid unwanted surprises.

Before submitting the title application, a tax office representative can tell you if the title being signed over to you is correct and if it has any salvage or legal issues.

You can also use Title Check to see if the title of the vehicle you are thinking about buying has any issues impacting its value.

In addition to the title, ask the seller to provide you with the signed vehicle title application, Form 130-U, and any other supporting documents, such as a release of lien or power of attorney. Keep a written record that includes the name and address of the seller, date of sale and vehicle information, including the VIN. Failure to title a vehicle within 30 days from the date of sale may result in delinquent transfer penalties.

You must provide proof of liability insurance when you title and register your vehicle. If you do not provide proof of insurance, you may apply for 'title only'.

The Vehicle Inspection Report (VIR), which is proof of inspection, also must be provided if a record of current inspection is not in the state database. Ask the seller for a copy of the latest VIR if it is available.

If the transaction takes place on a Saturday or Sunday and the seller chooses to remove their license plates and registration sticker from the vehicle, you will need to download a Vehicle Transit Permit. This will allow you to legally drive the vehicle to the county tax office, or if the county tax office is closed, to a place of your choice. This permit is valid for five calendar days and only one permit may be issued per vehicle sale.

Vehicle Transit Permit website: Vehicle Transit Permit: Eligibility and Requirements

Fees

If buying from an individual, a motor vehicle sales tax (6.25 percent) on either the purchase price or standard presumptive value (whichever is the highest value), must be paid when the vehicle is titled.

The title, registration and local fees are also due.

Contact your county tax office to estimate the amount of sales tax due and to learn which forms of payment are accepted, acceptable forms of payment vary by county.

For more information about vehicle title transfers, please call us at (888) 368-4689 and (512) 465-3000, or send us an e-mail TxDMV.GOV - Contact


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Based on Texas used car laws, if your agreement has gone through and you fulfilled the terms of what you told the buyer, he/she generally may not SUCCESSFULLY sue you or get her/his money back from you.

This doesn't mean you can't be sued in small claims court.

It likely means the person suing you won't be successful, unless you have done something EXTRAORDINARY, such as promising something or "puffing".

In life, less is generally enough.

In most cases, a used car purchase sold between private individuals is an "as is" transaction with no warranty or guarantee implied by Texas private seller car law.

Wisdom from our Texas AG, Ken Paxton: Buying a New or Used Car | Office of the Attorney General
 
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