PIZ Posted January 18, 2005 Share Posted January 18, 2005 I've been through this. The LEMON LAW only applies to Auto Dealerships, not if you are personally selling the car. Things may have changed, but I think THEY have NO CASE. Link to comment Share on other sites More sharing options...
scribo Posted January 18, 2005 Share Posted January 18, 2005 I am fairly confident that the lemon law does not apply to any person without a dealer license. In other words, as long as you aren't a dealer, you aren't liable. Second, I also believe the lemon law in NYS does not cover vehicles with more than 100,000 miles. It is on the title. Don't pay this guy a dime. If he sues you, counter-sue for the cost of legal fees and for your time. Link to comment Share on other sites More sharing options...
Surfmeister Posted January 18, 2005 Share Posted January 18, 2005 Two little words .... "as is". If you put "as is" in the homemade little contract of sale you wrote up they can't come back to you on this one. I sure hope you did. You wrote "We're we moraly wrong?" We're means we are. You meant to write were. You'll get it. No ... you are not moraly wrong. If God can make (or not prevent) an ocean wave that wipes out over 150,000 innocent people in a day for no good reason, you are not moraly wrong for this car sale. Because morality assumes there is a higher power that gives a sh*t. Just ask the relatives of the dead. On the other hand, if the guy who bought it gets no satisfaction from you and decides to take justice into his own hands one evening around 1 AM and lights your house on fire he will not be moraly wrong either. This world is a free for all with those who know it is and those pretending it isn't. It's your choice. Link to comment Share on other sites More sharing options...
todd Posted January 18, 2005 Share Posted January 18, 2005 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... 209915[/snapback] To be fair, the American cars I've owned are: 1. Chevy Chevette. Barely made 60K. What a complete POS. Yeah, it was cheap, but I ended up spending tons on the repair shop. 2. Pontiac 6000. What a garbage car. But I still wanted to "buy American." 3. Ford Escort. Ugh. This one may have been a true lemon, as I've known people who did well with Escorts of certain years. My family members have owned: 1. GMC Yukon. Lots of odd little problems, including a myriad of electrical ones. Enough to get rid of it. Oh yeah, then there was the new transmission. 80K miles. 2. Pontiac 1000. 40K miles. 2 clutches. New Springs. New radiator. Head gasket. Ugh. 3. Ford Taurus. Pretty good car until about 40K miles, then began to break down regularly. Certainly not the cream of the crop of American cars, but telling nonetheless. Non-american cars we've owned: 1. '86 Honda Civic. 160K miles. No problems other than the air conditioning. 2. '78 VW rabbit. Quite a few problems. Not reliable at all. 3. '89 Suzuki - Body fell apart before the engine did. 4. '97 Acura Integra. Good car. Never a problem, but way overpriced. My wife bought this one because it was red. Essentially the same car as a Civic. Sold it and got the Subaru. 5. '98 Honda Civic - got this to replace the other Civic. Amazing car. No problems ever. 6. 2003 Subaru Forester. Love it. Never had a problem, and is wonderfully safe and great in the snow. Only 26K miles, so I wouldn't expect any problems to arise yet, although the Pontiac I had started having problem after 20K. Overally, my direct experience with Japanese cars has been excellent, and my experience with American cars has been poor. Just the facts, jack. Link to comment Share on other sites More sharing options...
todd Posted January 18, 2005 Share Posted January 18, 2005 Where do you work? Give me foreign alternatives to spend my money on so I can get value. 209927[/snapback] Where do I work? I work in a capitalist society in which the consumer has the option to buy the best product available for the least amount of $$. Where do you work? Link to comment Share on other sites More sharing options...
IDBillzFan Posted January 18, 2005 Share Posted January 18, 2005 Just out of curiosity...how much did you get for the car? Link to comment Share on other sites More sharing options...
KD in CA Posted January 18, 2005 Share Posted January 18, 2005 Two little words .... "as is". If you put "as is" in the homemade little contract of sale you wrote up they can't come back to you on this one. I sure hope you did. 209936[/snapback] Exactly. It sounds like you made a fair transaction to me. The burden of proof is on him, so don't get scared by lawsuit threats. I think you can confidently give the buyer those other two little words. "F$%k You". Link to comment Share on other sites More sharing options...
KD in CA Posted January 18, 2005 Share Posted January 18, 2005 2. Pontiac 6000. What a garbage car. But I still wanted to "buy American." My ex had this car when we met. OMFG, the worst piece of stevetojan I have EVER seen. Link to comment Share on other sites More sharing options...
rockpile Posted January 18, 2005 Share Posted January 18, 2005 You did nothing wrong. You are not a car dealer. You presented the information and let their "mechanic" look it over. It was 5 years old with 105K miles! You had no reason to expect the tranny was about to die (right??), nor do you have any reason to believe it needs to be replaced now (the AAMCO Syndrome). Maybe they are driving it and the slipping annoys them... it was doing it on the test drive and their mech said not to worry. YOU drove it that way for over 40K miles. That said, anyone can sue anyone, at any time, for any thing! good luck tom Link to comment Share on other sites More sharing options...
todd Posted January 18, 2005 Share Posted January 18, 2005 Can you sue someone for putting a tennis ball down a toilet? :-) You did nothing wrong. You are not a car dealer. You presented the information and let their "mechanic" look it over. It was 5 years old with 105K miles! You had no reason to expect the tranny was about to die (right??), nor do you have any reason to believe it needs to be replaced now (the AAMCO Syndrome). Maybe they are driving it and the slipping annoys them... it was doing it on the test drive and their mech said not to worry. YOU drove it that way for over 40K miles. That said, anyone can sue anyone, at any time, for any thing! good luck tom 209959[/snapback] Link to comment Share on other sites More sharing options...
gmac17 Posted January 18, 2005 Share Posted January 18, 2005 Did you give them a contract that said "no warranty express or implied" or "as is"? The fact that you didn't let them take it to a mechanic, and also told them "of course a transmission shop is going to tell you need a transmission" undoubtedly makes them a little suspicous about what you knew. And you backed it up with this post, admitting you suspected a problem may exist. Would you win in court? Not sure. Are they without blame? no Are you without blame? no Link to comment Share on other sites More sharing options...
stuckincincy Posted January 18, 2005 Share Posted January 18, 2005 Where do I work? I work in a capitalist society in which the consumer has the option to buy the best product available for the least amount of $$. Where do you work? 209943[/snapback] Retired from the US auto industry - process engineering, manufacturing, management, coatings systems and laboratory stuff. UAW plants. I see massive balance-of-trade figures that started in 1993 and continue. How long do you think this economy will fly if this continues? We see wage depression. We talk about outsourcing. We see people buying evrything Chinese. I'm going to be dead in ten years or so, and you will have to deal with the devastion of your purchasing decisions. No jobs for your kids, for one. Bon apetit. Link to comment Share on other sites More sharing options...
gmac17 Posted January 18, 2005 Share Posted January 18, 2005 You had no reason to expect the tranny was about to die (right??), 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. did they ask about your thoughts on the transmission, and what was your response? Did you tell them "you suspected it might be in need of attention"? Link to comment Share on other sites More sharing options...
erynthered Posted January 18, 2005 Share Posted January 18, 2005 uh not in todays world.........your wrong hahah 209859[/snapback] In spite of your glee, I'm not wrong. Link to comment Share on other sites More sharing options...
crackur Posted January 18, 2005 Share Posted January 18, 2005 You did nothing wrong. You are not a car dealer. You presented the information and let their "mechanic" look it over. It was 5 years old with 105K miles! You had no reason to expect the tranny was about to die (right??), nor do you have any reason to believe it needs to be replaced now (the AAMCO Syndrome). Maybe they are driving it and the slipping annoys them... it was doing it on the test drive and their mech said not to worry. YOU drove it that way for over 40K miles. That said, anyone can sue anyone, at any time, for any thing! good luck tom 209959[/snapback] So you are telling him to LIE? again right? Link to comment Share on other sites More sharing options...
rockpile Posted January 18, 2005 Share Posted January 18, 2005 Can you sue someone for putting a tennis ball down a toilet? :-) 209961[/snapback] Only if it fails to block the plug hole. Link to comment Share on other sites More sharing options...
erynthered Posted January 18, 2005 Share Posted January 18, 2005 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. 209875[/snapback] You just answered your own post. You have nothing to worry about. When I said "shop", it was meant as mechanic. Link to comment Share on other sites More sharing options...
SouthernMan Posted January 18, 2005 Author Share Posted January 18, 2005 Just out of curiosity...how much did you get for the car? 209945[/snapback] 1999 Accord V6. They paid $6,795. Exactly what the window sign showed as the sale price. Buyer never even attempted to negotiate a lower price. (Duh!) I'm sure I would have come down at least $300-$400. Gee, you think from a moral standpoint I should have suggested to her (the buyer) that it's a good idea to haggle a little and try to lower the price. That'd be the day! Except for the transmission slippage and some minor parking lot dings, the car was in superb shape. Great tires, interior like new, starts right up, runs like new. The car has been well maintained, other than the timing belt which is due (according to Honda's schedule) to be replaced. Even if the transmission were replace for $2,400, that would still only be a little over $9,000 total for a car that should be good for at least another 100,000 miles. Link to comment Share on other sites More sharing options...
crackur Posted January 18, 2005 Share Posted January 18, 2005 You just answered your own post. You have nothing to worry about. When I said "shop", it was meant as mechanic. 209980[/snapback] but he also has no knowledge of where they went they can deny they ever took it anywhere Link to comment Share on other sites More sharing options...
Thailog80 Posted January 18, 2005 Share Posted January 18, 2005 Did you write "As is " on the bill of sale? If yes you're golden if not...well you may have a bit of trouble on your hands. Link to comment Share on other sites More sharing options...
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