LEGAL help please!

[x_o_k_x]

I sold my car AS IS. Buyer wants refund, because it didnt pass emission test.

Pesonally I think, if car sold AS IS there is no legal obligations stating that buyer has 14 or 30 day refund period. If sold AS IS, what you see is what you get. HE should have checked the car with a mechanic before buying, but he didnt!

I have nothing to do with a car after sale. Am I right?

[esqui]

As is..means as is.. No other stipulations.
Im hoping the Bill of sale also says 'as is'
I learned this on Judge Judy,:chuckle

[Lummix]

As long as the sale contract you had them sign states "as-is" they're shit outta luck

[x_o_k_x]

thank you, thats what I thought myself. To be nice person, I offered to help him with a car.. but I told him as is means as is.
OH and to add, the agreement did say "as is" all capitals.

[Thrizzl3]

hes SOL...tell him that :)

[Default User]

It's his problem the moment he took possession.

Even if he thought the car was being sold with etest and safety, he still took possession without the paperwork, and signed off on it when he got the 10-day permit

[Noisy Crow]

Yup, if you sold the car "as-is" it's up to the buyer to deal with any issues with the vehicle. The only obligation on your part is to give them a copy of the Vehicle Info Package:

http://www.mto.gov.on.ca/english/dandv/vehicle/used.shtml

[dentinger]

why do you think i did a "practice" etest on my car before i bought it? haha

[antifuse]

Absolutely - if he wanted a car that passed e-test, he should have paid for one.

[Zoom Zoom Boy]

Buyer has zero recourse and is SOL.

[MPS]

dude thats just dry and dirty lol
but yes AS IS is AS IS as in SOL shit out of luck
so good luck


Buyer has zero recourse and is SOL.

[TokyoKiller]

In what way are you required to refund the car if it's as is...is this buyer seriously that stupid? Must be their first car purchase...

[x_o_k_x]

the more responces I hear the better I feel. To be honest I just bought a TSX and then got this threat that he will sue me. I almost got a heart attack. I havent eaten for 2 days.. I dont know if I should talk to the lawyer or atleast make a record of it somehow?? He even low balled me $200 less at the last minute so I went with it. I told him give me those $200 and I will help him with a car.
Its been 24 hours since he talked to me last..

[cwp_sedan]

the more responces I hear the better I feel. To be honest I just bought a TSX and then got this threat that he will sue me. I almost got a heart attack. I havent eaten for 2 days.. I dont know if I should talk to the lawyer or atleast make a record of it somehow?? He even low balled me $200 less at the last minute so I went with it. I told him give me those $200 and I will help him with a car.
Its been 24 hours since he talked to me last..

I would talk to a lawyer just to be safe.

[Lummix]

What car did you sell and what did you sell it at?

[x_o_k_x]

What car did you sell and what did you sell it at?

it was 94 Nissan Skyline gts25t R33. After he looked at the car and we drove around highway/urban. He agreed to pay $8000..(my initial price was $9500) So the next day we meet up to do the paperwork and I bring my dad as a witness. He tells me at last minute that he only has $7800. I wouldnt say "no" after driving for 40min there..
So I told him, those $200 you screwed me over with will help you fix the car.

The thing is, my car passed safety and emmision exactly a year ago, and I only drove maybe 6k max since then..

[loganm3]

Keep all paperwork that you have just incase. Also print out a copy of the ad for the car (craigslist, kijiji or autotrader). The chance the guy is actually going to go through the small claims process, and even have his lawsuit approved is slim to none....but ti's best to be prepared for the worst.

If there is no representation of the car being sold e tested and certified the guy has no legs to stand on. If "as is" is written on bill of sale, when he registered the car his green ownership should have "unfit" on it.

Offering the guy money is a bad idea, yes it means you're a nice guy but this could be a omission of guilt. I'd stick firm to your word that the car was sold as is. Used car buyers are funny, most are normal but some think that a car for $1000 automatically has a 6 year warrenty and is sold e tested and certified. Stay firm, tell the guy "sorry" but the car was sold as is, hence why the price was $xxxx.

To sum everything up, be nice enough where he won't key your new car and etc....but not too nice to the point where the guy expectes you to fix everything wrong with the car.

Also, buyer is always supose to "beware". Did he have a mechanic check it out? Did he ask if it would pass saftey and e test? Did he bring a flashlight and really go through the car? If every anwser is "no" the guy is a tool.

Good luck and don't worry.

[x_o_k_x]

Regarding last post, thank you for mentioning kijiji ad I would have never thought about printing it. I hope I still able too... I havent offered him money, just offered my help for those $200 that he didnt pay..
It was broad daylight, so not like it was dark. He did ask if it would pass emission and I told him that Im sure it would.. And no he didnt bring it to mechanic.
Also I hope he doesnt find out where I live, last thing I need is someone keying my car or even worse damaging property.

[loganm3]

Well there's now a flaw, you verbally told him that it would pass emissions. The good news is that the guy probably didnt have a tape recorder running when you said it....but NEVER make claims about the car you're selling.

I would not contact him anymore, and if he contacts you write a very polite e mail stating the car was sold as is. You can tell him that the car did pass last year, but cars do change....a emissions fail can be from many different reasons, a simple lose wire to the car needing new cat converter. I would advise him to try another test, and before this test he should run the car on the highway for a good 30mins. If the car still fails, he should seek the help of a emissions mechanic to figure out the problem. The main thing to tell him is that your represented the car to the best of your knowledge.

As for the guy knowing where you live, unless you live elsewhere than whats on your licence, the green ownership slip has your name and address on it.

[x_o_k_x]

Well there's now a flaw, you verbally told him that it would pass emissions. The good news is that the guy probably didnt have a tape recorder running when you said it....but NEVER make claims about the car you're selling.

I would not contact him anymore, and if he contacts you write a very polite e mail stating the car was sold as is. You can tell him that the car did pass last year, but cars do change....a emissions fail can be from many different reasons, a simple lose wire to the car needing new cat converter. I would advise him to try another test, and before this test he should run the car on the highway for a good 30mins. If the car still fails, he should seek the help of a emissions mechanic to figure out the problem. The main thing to tell him is that your represented the car to the best of your knowledge.

As for the guy knowing where you live, unless you live elsewhere than whats on your licence, the green ownership slip has your name and address on it.

I guess I learned something new today. I actually just saw my car for sale by him. He also used my picture and exactly same wording... Unfortunately my ad was on autotrader and after 14 day period they get deleted automatically. I dont want to talk to him, but if he msgs me then I will say exactly what you told me.
It shouldnt matter what I said regarding emmisions even if he taped me, he can easily reproduce by someone else pretending to be me. He signed it as a car was sold as is, thats it.
He also only paid half of its cost in taxes and he didnt file the other half. So I beleive even if he wanted to sue me, he cant, because he can get severely charged for tax evasion. Correct me if im wrong

[x_o_k_x]

Seriously I think this buyer should man up. For example, I just bought a car as is (Quebec import) and was told breaks were done and guess what it didnt pass safety, because rear calipers were seized= uneven pad wear and rotors damaged. I didnt complain shit even though I didnt expect that to happen. Instead I just went and bought new set. Thats how it should be, not freaking asking for refund or sue the seller.

[froggy]

this just sounds like some jack as$ who bought the car without knowing much about it besides the fact that it's cool, went to get in insured realized how much it would cost him and tried to come back with you with 'it failed" so I want money back bull. I think it's just a case of buyers regret on his part. Was your skyline a right hand drive?

[antifuse]

Agreed - even if you said it should pass emissions, the guy agreed to buy it without the e-test done. Dumb, and he got what he paid for. I'm sorry, but if every car buyer sued the seller (whether it be private or dealership) because they lied verbally, but the paperwork said something else? Every dealership in the world would be out of business. Read the contract you sign, and if you don't read it (or understand it) then it's your own damn fault.

[dentinger]

tell him to e-test it has a grey market import.

it raises the the limits by about 50% i believe.
thats why i do for all RHD vehicles.

most of em pass just fine that way.

[Zoom Zoom Boy]

Caveat Emptor. Look it up. ;)

And, the buyer sounds like a total douche.

[Souls]

yeah, I agree as well with what everyone here is saying. I sold my 95 Jetta VR in April as I got my 3. My Kijiji ad explicitly stated I'm looking for a buyer that's a "VW enthusiast, who fully understands the quirks of this generation vehicle" and also stated "as-is", "no cert", "no emisions". Made up my receipt, which also stated yadda-yadda "as-is", "no warranties are implied or assumed".

The buyer asked questions on the car, I answered all. He asked about emissions, I told that I honestly had no idea if it will pass, since it had been 2yrs (it's every 2yrs to test). He thanked me, and said he'll call if he had any questions, which I was cool with. He hasn't called, which I thought for sure he'd have some. So I found the buyer I was looking for.

[Lummix]

I actually just saw my car for sale by him. He also used my picture and exactly same wording...


You got a link to his ad???