Need Advice: sold used car

[mick_eight]

I had the same experience with my 92 Geo Storm after it died on my birthday last May. The guy comes by I told him the starter and possibly the timing chain went on it, he even came back with his 2 family members that were mechanics and they said all was good. So I took another 300.00 off to be fair and we went our seperate ways.
The next day he calls screaming at me saying Canadian Tire mechanics said there was $2500.00 worth of work to be done to it to fix and he expected me to pay for half the repairs. my attitude " Fuck that" as I had sunk $4000.00 into it from day one after paying $3500.00 for it. My attitude is dude you showed up here, with 2 licensed mechanics tough brake, your second mistake was taking it to Canadian Tire to get work done on it.

Feel no guilt and go your seperate ways, it's his headache now. Normally I am fair, but in this circumstance, tough tittie said the kitty!

Ask to see their licence, all provinces have wallet size for them to show.

 

[goalieman]

thanks for all the advice again guys and gals...

I don't think it was the friend that was working on the car but was the one helping the buyer express his points. The buyer is semi-ESL but speaks english well enough to be a PhD student.

I'm thinking that they had the engine opened up because he wanted to change the timing belt as the mechanical inspection suggested changing the belt soon; vehicle sold at 176,000 km.

The suggestion his friend made was to go together to a mechanical shop together and find out how much the repairs would cost. So i'm not sure if they even know how much the repairs would cost.

But my opinion and seems like everyone elses opinion on this board was that i have no legal responsibility for the repairs after the title changed names. I mean, if he takes me to Small Claims Court, i'll just tell the judge that I honestly did not know about the damage to the rod. If they're saying the rod might have been damaged when I had the timing belt changed, well then I drove 60,000+ km on a bent rod. The vehicle passed aircare and was fit for the road. When someone buys a used car, they have to assume that there will be some defects. I declared all the defects that I knew about. I sold it to him in good faith. The vehicle was running/operating like a normal vehicle with that many km's would. No warranty, implied or expressed, was given.

Think that reasoning will fly in court?

Thanks guys!

 

[LonelyGhost]

The suggestion his friend made was to go together to a mechanical shop together and find out how much the repairs would cost. So i'm not sure if they even know how much the repairs would cost.

But my opinion and seems like everyone elses opinion on this board was that i have no legal responsibility for the repairs after the title changed names. I mean, if he takes me to Small Claims Court, i'll just tell the judge that I honestly did not know about the damage to the rod. If they're saying the rod might have been damaged when I had the timing belt changed, well then I drove 60,000+ km on a bent rod. The vehicle passed aircare and was fit for the road. When someone buys a used car, they have to assume that there will be some defects. I declared all the defects that I knew about. I sold it to him in good faith. The vehicle was running/operating like a normal vehicle with that many km's would. No warranty, implied or expressed, was given.

Think that reasoning will fly in court?

Thanks guys!

First off, stop talking to the doofus right now ... by doing so you ARE
implying continued interest in the frickin vehicle ... tell him to contact
you when he's ready to go to court ... you will bring all your repair
records from your mechanic he can bring his from his licensed mechanic.

This 'talking' shit is where he can make a case!

Second, based on your records, testimony and the fact the car actually
made it out of your driveway suggests this is a scam.

Thing is, while I doubt this will make it to court, if it does, the Judge
is going to know why you wanted to know about costs and why you
were talking to the buyer ... if you considered the deal done then
tell the buyer the deal is done and not to contact you further.

 

[wilde]

For private car sales, I think there is a 48hrs cooling period or some shit like that. That has passed now and even if it hadn't, the minute they took apart the engine any recourse they had also went out the window. So be polite but firm and tell them that the sale is final and it is not your problem any more.

P.S. When you take your car to Cdn Tire, there is always something wrong with it.


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[dr_pepper]

In future when selling used, pick up a copy of a bill of sale from any registry place. In addtion to laying everything out for you, there is a nice blank spot under "other conditions" on the back to write in "sold as is where is". This clears up any confusion on part of the buyer as to who's responsible for the vehicle the moment they drive away. If the calls to you become harassing then call the cops.

 

[LonelyGhost]

For private car sales, I think there is a 48hrs cooling period or some shit like that.
.

no there isn't ... in British Columbia a contract signed is valid from
the moment it is signed.

 

[wilde]

in British Columbia a contract signed is valid from
the moment it is signed.

I would like to think that it is not just British Columbia.

 

[goalieman]

So I made the return call back to the buyer, as i did tell him that I will call him back to let him know about my decision.

I calmly told him that I sold him the vehicle as is and that I did not know about the damage to the rod prior to selling it to him. I told him that I will not be helping him pay for the repairs.

His response was that the mechanic told him that in BC there is a 10 day or 30 day "thing" where if they found more damage etc... I told him that there was no such rule with used vehicles. He then said that his mechanic suggested that if we could not settle this in a friendly way, the only other option was to go to court. I told him that he can do whatever he likes and if that's what his choice is, then serve me with the "notice of claims".

he said.. ok... and then bye.

so guys and gurls, what do you think? any bets or wagers on whether or not I'll see that notice of claims arrive at my door?

 

[shapeshifter]

His response was that the mechanic told him that in BC there is a 10 day or 30 day "thing" where if they found more damage etc... I told him that there was no such rule with used vehicles. He then said that his mechanic suggested that if we could not settle this in a friendly way, the only other option was to go to court. I told him that he can do whatever he likes and if that's what his choice is, then serve me with the "notice of claims".

he said.. ok... and then bye.

so guys and gurls, what do you think? any bets or wagers on whether or not I'll see that notice of claims arrive at my door?

So his mechanic couldnt even detect this broken/bent rod while INSPECTING the vehicle for him but you are supposed to be responsible for it since they discovered it later on,

I can't imagine any judge ruling in his favour, that's ridiculous


LonelyGhost made a good point, cut off any further communication with the dood and wait till court if it comes to that... continuing to even discuss it with him makes it sound like you are feeling a level of responsiblility.
Plus you don't know if he is recording these calls.... it's easy enough to say something without thinking that could sound bad later on.
Many people have talked their way into problems by not listening to their lawyers and keeping their mouths shut.




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[goalieman]

LonelyGhost made a good point, cut off any further communication with the dood and wait till court if it comes to that... continuing to even discuss it with him makes it sound like you are feeling a level of responsiblility.
Plus you don't know if he is recording these calls.... it's easy enough to say something without thinking that could sound bad later on.
Many people have talked their way into problems by not listening to their lawyers and keeping their mouths shut.




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yah, i told him to send me the notice of claims if he that's what he thinks is necessary. definitely won't be returning anymore of his calls. and i'll just hang up if see his number on my call display.

I don't know what mechanic he's going through right now but the inspection was done at Canadian Tire. he chose the location and the mechanic. I thought Canadian Tire always finds something wrong with your car???

 

[gravitas]

So I made the return call back to the buyer, as i did tell him that I will call him back to let him know about my decision

You've fulfilled your final obligation, you now owe him SFA.

so guys and gurls, what do you think? any bets or wagers on whether or not I'll see that notice of claims arrive at my door?

I stand a better chance of getting my virginity back then of you ending up in court.

So his mechanic couldnt even detect this broken/bent rod while INSPECTING the vehicle

No shit! Helen Keller could have diagnosed a broken rod for fuck sales.

definitely won't be returning anymore of his calls. and i'll just hang up if see his number on my call display.

In the unbelievably unlikely event that this would end up in kangaroo court document everything. Go back and make notes of everything that you said, he said, his "mechanic" said. Write down every every call he's made and may continue to make. Other then that don't take any shit like threats and if he does just call the cops.

 

[visiting]

His response was that the mechanic told him that in BC there is a 10 day or 30 day "thing" where if they found more damage etc... I told him that there was no such rule with used vehicles. He then said that his mechanic suggested that if we could not settle this in a friendly way, the only other option was to go to court. I told him that he can do whatever he likes and if that's what his choice is, then serve me with the "notice of claims".


so guys and gurls, what do you think? any bets or wagers on whether or not I'll see that notice of claims arrive at my door?

Goalieman, you should ask him if he gets all his legal advice from Canadian Tire? Just for fun did he take the car to the same guy before he purchased the car? And how long has he had the car?

Anyway how much does it cost to change the rod?

 

[goalieman]

this is what he said...

he said that he's only driven the car 50km since he's bought it. he said he went to montreal for a week so he didn't get a chance to drive it

I have no idea who his mechanic is now. Certified, backyard, whatnot...

I think in his voice message he said the labour was $900 and the part was $3000 from Honda??? not 100% sure on that one. What the hell part costs that much from Honda.

 

[Sonny]

this is what he said...

he said that he's only driven the car 50km since he's bought it. he said he went to montreal for a week so he didn't get a chance to drive it

I have no idea who his mechanic is now. Certified, backyard, whatnot...

I think in his voice message he said the labour was $900 and the part was $3000 from Honda??? not 100% sure on that one. What the hell part costs that much from Honda.

Anything can happen anytime. He had the car checked. ICBC is clear in its transfer form that the deal is "as is" in the absence of a written document between the parties to the contrary. I'm with gravitas that the guy's got nothing. I suggest stop communicating with him.

To fix a cracked frame can be a $3000+ part. I had one fixed under extended warranty for my domestic vehicle.

 

[teejay69]

For future reference - make sure you have a simple contract that states that the car is sold ASIS - Caveat emptor. I had todo the same recently on a real estate transactions on an older house that required a lot of reno work. Just make sure you document all correspondence and the timelines (including the items as noted on this thread).

Also - the extent of the reported damage will not hold up in court and if anything - the guy should sue Canadian Tire for having missed the broken rod on their inspection. It is kind of like having a house inspector miss a leaky roof or a cracked foundation on a house. Just too obvious a thing to miss. Not just that - the moment it leaves your hands - you do not know how they drove the car and the damage could have been caused their own mechanics during their repairs. Worst case - there was a bent/cracked rod - not a broken one. The car still worked but a $3,000 repair bill?

Fact: you have service records. They did a road test and an inspection.

Enjoy the new year and do not worry.

http://mdcbc.com/buying-tips.htm#Buying_a_Used_Vehicle

 

[sdw]

There is no requirement for a private seller or a dealership to warranty a car with more than 75,000 Kilometers.

In this court case, the buyer got nothing.
http://www.provincialcourt.bc.ca/judgments/pc/2006/02/p06_0265.htm

The buyer WAS offered a replacement engine by the dealership, but chose to have the engine rebuilt. The court said that the dealership was not responsible for the cost and, if fact, hadn't needed to offer anything.

 

[goalieman]

There is no requirement for a private seller or a dealership to warranty a car with more than 75,000 Kilometers.

In this court case, the buyer got nothing.
http://www.provincialcourt.bc.ca/judgments/pc/2006/02/p06_0265.htm

The buyer WAS offered a replacement engine by the dealership, but chose to have the engine rebuilt. The court said that the dealership was not responsible for the cost and, if fact, hadn't needed to offer anything.

thanks... i actually read that case already. I was soooo paranoid that i searched the small claims data base but couldn't find anything regarding private sales. All of them involved a dealership of some sort. Either I missed something or the private sale ones never even made it to court.

Lets just hope that if this for some strange reason does make it to court, the judge that tries the case won't want to set a precedence with tihs case!

 

[sdw]

thanks... i actually read that case already. I was soooo paranoid that i searched the small claims data base but couldn't find anything regarding private sales. All of them involved a dealership of some sort. Either I missed something or the private sale ones never even made it to court.

Lets just hope that if this for some strange reason does make it to court, the judge that tries the case won't want to set a precedence with tihs case!

It has to do with the belief that a dealership has to provide an item suitable for the purpose it was purchased for.

Since the law is clear that a car that is sold through private sale carries no warranty if it has more than 75,000 Kilometers on it, lawyers won't take the case to court.

In the case of a dealership, lawyers constantly think that they can get a judge to believe a conversation took place that was not documented in the documents of sale.

 

[Maury Beniowski]

Ever trade in a car at a new car dealer?

Ever hear of the dealer coming back claiming repair costs to your old vehicle? Not...!

Car dealers seldom do a mechanical check on trade-ins, so they take on (and transfer) a lot more risk.

And... they have to back your old vehicle with a dealer warranty to the new purchaser.