Sold Car, Buyer Wants Refund for "Hidden Damages"

[MinT337]

Jurisdiction

Texas

I sold a 10 year old car for $2700. I disclosed all issues that I knew of (even minor ones). Purchase went smoothly. About 2 weeks after the sale, the buyer says he has a CarFax that says the car was sold with a bent frame 6 years ago (before I owned the car), and that he wants his money back. I told him that was before I owned the car and I didn't even know that was the case (I never bought a CarFax). He is threatening to take me to small claims court. This would be very inconvenient for me, as I now live far away. I don't think he has a leg to stand on. Am I right?

Some Technical Details:
He paid in full and in cash and took possession on the same day.
I signed the title over to him that day.
I signed, scanned, and e-mailed him the Bill of Sale the next day. It has complete information except for seller registration number, because I do not know what that is.
The DMV template bill of sale does not say "as is" anywhere. My understanding is that all private sales are implied "as is".
I had my mechanic look at the car after I bought it. He never noticed anything, though he wasn't specifically looking for frame issues.
I sent in the vehicle transfer notification to the Texas DMV after he contacted me wanting the refund, but still within the 30 day window.

 

[adjusterjack]

No. He doesn't have a leg to stand on. Used car sales are presumed to be AS IS whether it says so or not. He may just be blowing hot air, or he may follow through on his threat, but if you are afraid of the "inconvenience" of small claims court then you are welcome to take back the car and refund the money.

Personally, I would tell the whiner to pound sand and then block his calls, emails, texts, whatever, and I have sold many, many cars in my time.

Up to you.

 

[Michael Wechsler]

He's free like anyone else to waste his money and time by filing in small claims court and arguing his case. Unless you specifically provided him with some type of warranty or guarantee I can't see any reason to bother filing suit. And if it's not in writing then proving it will be a problem. If I was the arbitrator / judge, I'd ask the plaintiff whether he had an opportunity to purchase the CarFax and inspect before purchasing the vehicle. No one forced the potential plaintiff to purchase the car before doing the research. As such, he assumed the risks involved in making a purchase of a used automobile at the time of purchase. It is not uncommon to see angry remorseful buyers frequently make all sorts of legal threats in the hope of intimidating a buyer into submission and return of money poorly spent.

 

[txls]

People threaten to sue all the time. It rarely happens. A used car buyer is supposed to do all their homework before handing over the money. A vehicle sold for $2700.00 should not be expected to be in great shape.