Sold car, buyer wants to return or reimburse for repairs

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konrad

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Hello there,

I live in CT and last week I sold a car to a buyer from MA for $3,000. It was a 2005 with 168k miles on it, so needless to say, it wasn't a new car. Had a few newer parts, but I disclosed that it had suspension issues and rust, which the buyer confirmed after test driving it. I'm not a mechanic so I don't know what else would have been wrong with it, if there was. Made the transaction with cash and signed title and two bills of sale, indicating that it's sold 'as-is'.

Five days later, she texted me saying that when she got got on the way home from our house, the engine light came on and now she can't pass inspection in MA. The engine light was off when we had it and test drove it. There's no way of knowing if the engine light went on when she was driving home or a few days later, since it took her 5 days to tell me that. Either way, it wasn't on previously and it did recently pass CT emissions.

She wants us to either pay for the repairs, which now she says are $867 or take the car back. I know that in CT there is no such statue indicating that a a car can be brought back to the seller by the buyer - it's as is. In MA, I looked up, and there is a Lemon Aid Law which allows the buyer to bring the car back if it fails inspection within 7 days of purchase and the repairs are over 10% of the price paid.

Again, all known problems were disclosed to her. It honestly sounds like a fluke and I do feel bad, but am I in any way liable any more? I'm a CT resident; the car had a CT title and the transaction took place in CT, so am I covered under CT laws or will I have to take it back due the the Lemon Aid Law in MA? I told her it's very unfortunate but I can't take it back. If that was the case, I'd bring half my cars back after buying them. She said that she will file a suit.

Please advise and thank you in advance.

Konrad
 
This is what Ma. says about used vehicles & "lemon law".

Used Vehicles
The used vehicle portion of the Massachusetts Lemon Law covers both dealer sales and private party sales. The state defines used vehicles as any used car, van, truck or demonstration vehicle that:

Is sold by a Massachusetts dealer or private party.*** Cost at least $700 (dealer sales only).
OR
Has under 125,000 miles on the odometer at time of sale (dealer sales only). Dealers are required to provide a warranty for up to 90 days and 3,750 miles. Basically, the dealer is required to repair any defect that impairs the use or safety of the vehicle during the warranty period, unless you caused the problems yourself through negligence or making a change to the car yourself (like installing a sunroof that leaks, for example).

The dealer can charge an initial $100 deductible for repairs or offer to buy back the car for the full purchase price instead of making repairs.

Private party sellers are required to inform the buyer of any defects that could impair use or safety. If the buyer discovers a serious defect post-sale, and can prove the seller knew about the defect, the buyer may cancel the sale and request a full refund within the first 30 days after purchase.

http://www.dmv.org/ma-massachusetts/automotive-law/lemon-law.php
 
It sounds as if the car was sold in Connecticut to a buyer from Massachusetts.
I would resolve this problem by not answering the phone.
 
Yes, I've read that. My question is does it apply to me since I'm a CT resident, CT title etc? Here, we don't have inspections so laws are different and all private party sales are as is. So I'm assuming I'm covered by CT laws.
 
I wouldn't but i'm trying to be nice. Are you saying I would t be liable if taken to court?

It would be extremely difficult to get you, a citizen of a state other than MA into a MA small claim court.

She could sue you in CT.

Either way, she has no case.

A private car sale (from Bobby to Billy) is always sold "AS IS", unless the seller is stupid as a boulder and offers some form of guarantee.

Bottom line, you buyer is out of soap, and you have a closet full of soap.

You can politely say, "Sorry, car sales between private buyer and seller are always "AS IS". I offered or implied no warranty at the time of purchase. Sorry the car is acting up, but it worked beautifully while in possession."

Her reference to MA and its laws don't apply.

The sale was consummated entirely within the state of CT.

Had you traveled to MA to sell her the car, you would have screwed yourself.

However, that argument is moot, because the transaction took place outside of MA.
 
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OP - I posted the info I did to show you that it said it only applies to vehicles sold by a Ma. dealer or private party & put *** there- you are in Ct. (Ma. lemon law doesn't apply)


Is sold by a Massachusetts dealer or private party.*** as per above info I posted
 
Thanks Betty3 and Army Judge - I appreciate your input. That puts me at ease a little more.

She texted me yesterday, so I replied back to her saying... "I'm sorry that it turned out this way, but I can't take the car back or pay for the repairs." She replied saying that she'll be filing in court.

I hope that who ever will be looking at the case, will realize that her claims are not supported by any legal statue and are a little outrageous, and dismiss it.
 
Thanks Betty3 and Army Judge - I appreciate your input. That puts me at ease a little more.

She texted me yesterday, so I replied back to her saying... "I'm sorry that it turned out this way, but I can't take the car back or pay for the repairs." She replied saying that she'll be filing in court.

I hope that who ever will be looking at the case, will realize that her claims are not supported by any legal statue and are a little outrageous, and dismiss it.

No one will look at the case.
If she sues you, she has to do it in your state.
You then must appear and make the arguments we provided, plus others that make sense.

Whatever you do, don't fail to appear and defend your position.
 
Even though she said she is suing you, she "might" not. If she does sue, use your "defense" posted above.
 
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