SouthernMan Posted January 18, 2005 Share Posted January 18, 2005 We recently sold a car to a private party who is now threatening to sue, because, they say, we sold them a lemon under false pretenses. It was in excellent running condition, interior and exterior both very good for a 5 year old car with 106,000+ miles. The transmission was beginning to slip a little and the timing belt was due to be replaced. The buyer asked about the timing belt and we told them it had not been replaced yet. They took their "mechanic" for a drive in the car who told them it was a great deal. The buyer, concerned about the occasional slippage/hesitation, was told by the mechanic that it was common with the V-Tec engine. Nothing to be concerned about. Somewhat concerned, the buyer had wanted us to meet them at AAMCO for an inspection, but we told her we were not going to take the time to go to various garages for every interested buyer. We really didn't want to take the time. I also said to the prospective buyer that of course the transmission place is going to say you need a new one - that's what they do! They drove it, had their mechanic's opinion - take it or leave it was our position. BTW - we've also got the 4-door model of the exact same car. Same year and everything. It's ALSO had the transmission slippage problem. I've put about 40,000 miles on it since the problem began. When it goes, it goes. Now, 5 days after the sale, the buyer has left a message that the transmission will cost $2,400 to replace and were threatening to sue us. In my opinion, they shouldn't have bought the car if they didn't feel good about the deal. There were no warranties. We suspected the transmission might be in need of attention, but it's not as if we thought that would be a good selling point, so we didn't make an issue of it. We're we morally in the wrong? We're we wrong not to give every detail? I don't think the buyer has a legal leg to stand on. What do you think? What would you have done? Thanks for giving your view of this. Link to comment Share on other sites More sharing options...
crackur Posted January 18, 2005 Share Posted January 18, 2005 I think so, this is why most people hate car salesman....... trully I would be pissed as well. You don't get returning customers by being dishonest about the entire truth of a car's condition Link to comment Share on other sites More sharing options...
mead107 Posted January 18, 2005 Share Posted January 18, 2005 i think you might be stuck with the bill Link to comment Share on other sites More sharing options...
stuckincincy Posted January 18, 2005 Share Posted January 18, 2005 On what basis is the suit? I assume you gave a receipt for purchase that stated "as is". The exception to the "as is" phrase is if you sell to a minor. Never, ever do that - some crumbs, when buying used vehicles, spout a song & dance that it's "Sonny's 1st car so he's the purchaser so he can learn about money, etc."... Link to comment Share on other sites More sharing options...
stevestojan Posted January 18, 2005 Share Posted January 18, 2005 You could have avoided saying this to us: "We suspected the transmission might be in need of attention, but it's not as if we thought that would be a good selling point, so we didn't make an issue of it." And next time, make them sign an "as-is" agreement... That's what I did when I sold my 1982 LTD for $200. Link to comment Share on other sites More sharing options...
erynthered Posted January 18, 2005 Share Posted January 18, 2005 The buyer of the car has no case. They took it to a shop to have it looked at, and still bought it. They old saying comes into play here: Buyer beware. Link to comment Share on other sites More sharing options...
crackur Posted January 18, 2005 Share Posted January 18, 2005 The buyer of the car has no case. They took it to a shop to have it looked at, and still bought it. They old saying comes into play here: Buyer beware. 209855[/snapback] uh not in todays world.........your wrong hahah Link to comment Share on other sites More sharing options...
SouthernMan Posted January 18, 2005 Author Share Posted January 18, 2005 I think so, this is why most people hate car salesman....... trully I would be pissed as well. You don't get returning customers by being dishonest about the entire truth of a car's condition 209841[/snapback] Let me make this clear. I am not an auto dealer. Just a guy who was selling my wife's car because she wanted a new one. We put it on the corner with a sign. The buyer was the first (and last) person to look at it. Link to comment Share on other sites More sharing options...
stuckincincy Posted January 18, 2005 Share Posted January 18, 2005 Wait a minute...V-Tec engine...40 thousand miles...Jap vehicle with a problem...naa, never happens... Link to comment Share on other sites More sharing options...
SouthernMan Posted January 18, 2005 Author Share Posted January 18, 2005 The buyer of the car has no case. They took it to a shop to have it looked at, and still bought it. They old saying comes into play here: Buyer beware. 209855[/snapback] They didn't take it to a shop. They had their "mechanic" go for a drive in it. Could have been her brother-in-law hot dog vendor who changes oil on the side for all I knew. She said it was her mechanic. The expert opinion she trusted. Maybe she should sue him. Link to comment Share on other sites More sharing options...
Dan Gross Posted January 18, 2005 Share Posted January 18, 2005 What state are you in? Lemon laws vary from state to state but I believe (not a lawyer) for private sales they generally don't require you to pay for repairs but they do allow for the seller to "return" the car for a refund...They certainly have no grounds that you gave them false pretenses. You didn't point a gun to their head and force them to buy it... And where did they take it that the tranny would cost $2400? I'm guessin it's a dealer, based on my own experience.... I believe you did the right thing WRT AAMCO...with older trannys opening them up is usually an invitation for problems to happen... Link to comment Share on other sites More sharing options...
Fezmid Posted January 18, 2005 Share Posted January 18, 2005 Talk to a lawyer (especially if you know one who can tell you real information, unlike people here who will just speculate). That said, I'll sepculate. IMHO, worst case scenario, just give them their money back and take the car back. That said, I still believe in caveat emptor. CW Link to comment Share on other sites More sharing options...
Alaska Darin Posted January 18, 2005 Share Posted January 18, 2005 What kind of contract did you give them? ALWAYS have a contract in place when you sell anything with significant dollar value. Link to comment Share on other sites More sharing options...
todd Posted January 18, 2005 Share Posted January 18, 2005 Wait a minute...V-Tec engine...40 thousand miles...Jap vehicle with a problem...naa, never happens... 209872[/snapback] Read the post. 105K miles. I've never owned an American vehicle that made it to 90K. Link to comment Share on other sites More sharing options...
Dan Gross Posted January 18, 2005 Share Posted January 18, 2005 Read the post. 105K miles. I've never owned an American vehicle that made it to 90K. 209902[/snapback] The only American vehicle I've owned that didn't make it to 100K without "major" problems is one that I totalled. It was admittedly a POS but it was also the only one I owned with a Korean-made engine. 150K, that's another story...Got one heading there now and it's leaking in three different places (let alone the noisy timing belt...). Babying it until I can replace it in the Summertime... Link to comment Share on other sites More sharing options...
udonkey Posted January 18, 2005 Share Posted January 18, 2005 Thats the risk that you take when buying a used car - no warranty expressed or implied. The same thing happened to me. I bought a car when I was 16, and within weeks, it took about $2500 to replace the transmission. It sucked, but I went without a car for a few weeks, scraped up the cash, and got it fixed. I haven't bought a used car since without a warranty. Link to comment Share on other sites More sharing options...
stuckincincy Posted January 18, 2005 Share Posted January 18, 2005 Read the post. 105K miles. I've never owned an American vehicle that made it to 90K. 209902[/snapback] Where do you work? Give me foreign alternatives to spend my money on so I can get value. Link to comment Share on other sites More sharing options...
OnTheRocks Posted January 18, 2005 Share Posted January 18, 2005 i don't think Lemon Law is in effect since you are not a Licenced Auto Dealer. If it were me personally...I would feel bad that the buyer found out the car needs $2400. worth of work....but, that is about as far as my kindness would go. You owe the buyer nothing. Link to comment Share on other sites More sharing options...
Kevbeau Posted January 18, 2005 Share Posted January 18, 2005 104K Miles...V-Tec...if it's a 99-01 Accord, Honda extended the warranty on the tranny to 100K miles (doh!). Mine went at at 92K. From what the mechanic told me, there's a bearing in there that is slightly out of spec, but over time it tends to fall apart and shred the tranny. Honda replaced my whole transmission free of charge. Link to comment Share on other sites More sharing options...
OnTheRocks Posted January 18, 2005 Share Posted January 18, 2005 i don't think Lemon Law is in effect since you are not a Licenced Auto Dealer. If it were me personally...I would feel bad that the buyer found out the car needs $2400. worth of work....but, that is about as far as my kindness would go. You owe the buyer nothing. 209928[/snapback] however....let me add...that my wife and i own a 96 Volvo that we have had nothing but problems with...and we won't sell it because we don't want to screw anyone with a bad car. We are waiting until we find a decent deal at a dealer and get whatever "trade-in" value we can on it. Link to comment Share on other sites More sharing options...
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