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Can You Return A Used Car From A Private Owner?

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  • Can You Return A Used Car From A Private Owner?

    I'm new to this forum but I couldn't find any answers on the internet. I sold a van 8 days ago. We told them everything we knew about the van and we told them its in good condition. Not excellent but good enough to go around everyday. Plus, we drove it everyday and it never felt like it would break down on us. I have a infant and 3 year old, I would never let them be in a car thats unsafe. We just wanted to sell it because it didn't have A/C. It also ate up a lot of gas and were really poor so we NEEDED a smaller car and the A/C!

    We didn't harrass them to buy the van. They actually called us all day and finally met up with us late in the evening. We were tired but they really wanted to see the van. They test drove it and wanted it. We told them to wait and discuss it because we were in no rush. Plus it was the only car we had. They said no, they wanted it that night. So we sold it to them. Again, we told them everything we knew about the van. We sold it in good faith.

    Okay, so tonight (10/25) we get a call from them saying that they drove it only 1 day and it broke down on them. They now want to return the van to us and said that we had fraud them . . .like we ripped them off. I don't get it. Its 8 days later. Nothing was wrong with the van when we were driving it. By the way its a 1993 Nissan Quest with 90K miles and we asked for $1500 but they negotiated to $1,300. Way cheap, we figured that it wasn't worth much without A/C. I also told the wife that its not worth it to buy the van if you want A/C because its too expensive to fix unless you knew someone. She said they knew someone.

    Anyway, They told us that they are going to tow the van to our home and force us to take the van back. I don't have money. $1,300 wasn't a lot, it actually all went to my past due bills and partial rent. It really hurt me the way they talked to us too. They made it like we forced them to buy the van and that its all our fault. My husband told them there was nothing we can do and the wife replied by saying " I guess we got ripped off then" and hung up. That really bothers me because how can they think that? We didn't force them to buy the van, we told them everything we knew about the van, and we told them to think about it before buying it.

    So what can they do to us? Or what is the right thing to do? I don't have money, I'm scraping for coins here. Thats how poor I am. I told my husband to tell them that they could get a lawyer to draw legal papers if we did do something wrong and maybe figure out a payment plan. But still its been 8 days, why didn't they call us earlier? I know its not our fault but I still feel bad that these people actually think we scammed them. Should I prepare for something? People now days are so scary I don't want them stopping by our home to harrass us or anything. What should I do?

  • #2
    Re: Can You Return A Used Car From A Private Owner?

    Here is my opinion. I am not a lawyer, but I did stay at a Holiday Inn Express last night.

    First of all, DO NOT suggest to them (or let your husband suggest to them) that they draw up legal papers and you will make payments. Don't talk to them at all, if you can avoid it. If they call, hang up. Do not let them intimidate you.

    They can't make you take the vehicle back. The best they can do is to take you to court. If you didn't know there was something wrong with the vehicle, you'll probably be OK, but it's hard to say. You never know what will happen in a courtroom. Document everything -- which day you sold them the vehicle, when they called (eight days later!), which day the van supposedly broke down … everything you can think of that might be relevant.

    I would suggest that you don't give them their money back; instead, tell them they bought the car "as is" (if that is true). They can drop the car off if they want (you can tell them), but you are not giving them their money back. You have no idea what they did to the vehicle after it was in their possession. They could have run it without water or oil, they could have slammed it into "park" while the vehicle was in motion -- anything could have happened. Or it could just be random car trouble, which happens all the time. How is that your fault?

    Don't take their calls. They'll probably drop it. It sounds like they will take advantage of you — IF you make it easy for them.
    Last edited by MadAzza; October 25, 2006, 10:57 PM. Reason: details!

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    • #3
      Re: Can You Return A Used Car From A Private Owner?

      Did you draw up any written receipt for the transaction of this car sale? If so, was there any written terms of a "warranty" on that receipt? If not, the implied sale is "as is". Or was it just signing over the pink slip and receiving the cash? In that case, it's also "as is". The folks who bought the van off you are trying to scare you into taking back the vehicle. I concur with madazza in not offering anything to the buyers, no advice on legal papers, don't even agree to them towing the car back to your place. Call the cops if they do. If they take you to court, it is their burden of proof to demostrate that you intentionally defrauded them. I'm no lawyer but based on your description of the transaction, they got nothing on you.

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      • #4
        Re: Can You Return A Used Car From A Private Owner?

        Agreed. Unless you gave 'em a nice warranty write up, it was an as-is sale. Them's the breaks. I've bought a couple of lemons myself. Sometimes a beater lasts you years, sometimes a relatively nice car dies on you the week after you buy it.

        From what you've written here, the van was sold in good faith (and for that price, even I might have considered buying it!). They can try and take you to court, but I'd love to see what they use as leverage. And since you haven't been contacted since, I think you were just the target of some understandable venting, and that they've probably come to terms with their poor luck.

        You didn't rip them off, IMHO. It's natural to feel bad, but c'mon. They have to know buying a car in the sub-$2,000 price range is a total crap shoot.

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        • #5
          Re: Can You Return A Used Car From A Private Owner?

          Joshuatree's right. Barring any other written contractual obligations, a private auto sale is considered an "as-is" deal. That's why any would-be buyer is smart to have a vehicle they are considering purchasing inspected by their mechanic first.

          The buyer here probably has buyer's remorse (or they did some damage themselves, and are trying to blame you for it.) They have no legal footing, and I doubt that a reputable attorney would represent them in court.

          They don't think you scammed them; rather, they are trying to scam YOU. If they had problems after one day of driving, why did they wait another week to call you? Don't get taken by them - there's nothing they can do, short of harrassment, so document everything that has happened and that happens going forward, in case you have to contact police to stop them.

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          • #6
            Re: Can You Return A Used Car From A Private Owner?

            Just in case your buyers bring up the subject of lemon laws... there is a lemon law for used cars, but it only applies to dealers, not individual sellers like you.

            If you want to talk to somebody official about all this, maybe you might want to call the state Regulated Industries Complaints Office -- they're the ones who enforce the lemon laws and I am guessing they would be able to help you understand what you were and weren't responsible for doing.

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            • #7
              Re: Can You Return A Used Car From A Private Owner?

              UPDATE:

              Okay, I found out from my husband that they were claiming that the thermostat mounting had broke. I don't know what that is but does it really cost more then $1,300 to fix? They said it costs more then what they paid for the van, so I assume its over $1,300. I asked my grandpa to call his mechanic to find out how much it would cost to fix. They told him that labor is about $245 but they can fix the whole thing for about $250 . . .something like that. Now I'm guessing that maybe they just want to return the van to us because of the air condition. I told them from the start that it would be expensive to fix unless they had a "friend" or knew someone. I guess it didn't work out.

              Thanks everyone for your 2cents!!! Its always good to know that I shouldn't feel guilty about this.

              MAHALO!!!

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              • #8
                Re: Can You Return A Used Car From A Private Owner?

                You should refuse to converse with them anymore. To continue to do so will result in them making more and more demands. Don't offer to find someone to "fix" the problem ....... it isn't your "obligation."

                As pointed out previously, the "lemon law" doesn't apply here. When they drove it away, the car was working.

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                • #9
                  Re: Can You Return A Used Car From A Private Owner?

                  Absolutely. Stop interacting with them. I certainly hope you haven't made any offers, orally or otherwise, to make amends, by repairing, replacing, or subsidizing something. Your transaction is done, pau, and they need to deal. Cut them off, and if they keep calling, tell them to contact your attorney. You know, as if you had one.

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                  • #10
                    Re: Can You Return A Used Car From A Private Owner?

                    I agree with everyones thoughts here...

                    However, I also think you may fear them physically possibly.

                    If this is the case... definately avoid accepting their phone calls and you may want to inform your neighbors of the situation in case something does go down in your neighborhood.

                    Avoid all confrontation with this person... as you are not at fault at all.

                    If you do get any more phone calls from them... i would not hesitate to call 911 and inform them of the harassing phone calls.

                    On a side note... I bought a Ford Tempo from an Auto auction for exactly that same price $1300.00 It started up and sounded great when my "mechanic friend tested the car...(we weren't allowed to do anything except start the car) the damn buggah ended up breaking down on the way home... I was pissed... but I knew there was no recourse for me...

                    My mechanic friend at the time offered me to pay for half my loss because he recommended it to me...

                    Still to this day.. I will never by an Auction car again.

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                    • #11
                      Re: Can You Return A Used Car From A Private Owner?

                      If you keep getting crank calls from the buyers, it will be way cheaper (both in dollars and peace-of-mind) for you to have your phone number changed than to even consider refunding their money or fixing the car (NEITHER of which you should do - "buyer beware" in a private-party used car sale!).

                      My neighbors recently sold their used car. They refused to sale to anyone in the neighborhood, because they did not want to chance something going wrong and then they have made an enemy out of a neighbor. Sounds like they had a good plan.

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                      • #12
                        Re: Can You Return A Used Car From A Private Owner?

                        We just GAVE away our van to my sister. And 2 weeks later it broke down. I still felt bad but it was hers then not mine.
                        I made sure she signed something saying it was hers and she had all responsability after that.
                        I know that sounds bad but...it is a USED car not new.
                        Since when is psycho a bad thing??
                        Sharing withother survivors...
                        www.supportandsurvive.org

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                        • #13
                          Re: Can You Return A Used Car From A Private Owner?

                          I might feel sorry for them...but eight days is a long tme to wait, if it broke down the first day. I wonder how many miles they put on it, during that time?
                          http://thissmallfrenchtown.blogspot.com/
                          http://thefrenchneighbor.blogspot.com/

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                          • #14
                            Re: Can You Return A Used Car From A Private Owner?

                            Originally posted by SouthKona View Post
                            They refused to sale to anyone in the neighborhood, because they did not want to chance something going wrong and then they have made an enemy out of a neighbor. Sounds like they had a good plan.
                            Indeed. It sounds like, in this case, the seller allowed the buyer to come to their residence to check out and buy the vehicle, which, as was noted, could be a problem. I know some folks think it's shady for a seller to demand to meet in some supermarket parking lot, but there's a reason for that.

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