Jump to content

sold car on craigslist now a problem


gsxr07

Recommended Posts

just posting on here for some input and opinions.

Sold my car to a guy on craigslist. The trans was making a wearing sound which I was told by a friend was a throwout bearing. I did a little checking with a mechanic locally and confirmed the problem even got a quote but decided to try to sell it as-is informing any buyers of the problem. Still a good running car 2 days before I sold it I drove it on a 300 mile trip NO problem.

Guy called me the other day said the trans was out car could not move, whats the number of the mechanic... at this point im :confused:

Calls me tonight, threatens to sue me, says I must exchange cash for car. Tells me theres some 3 day law about cars in ohio. :eek: I told him I'd return his call. I'm thinking its a scam or his son (the driver) tore it up. Told me about his wrecked gsxr etc leads me to that conclusion. :nono:

So just wondering any ideas? Dont think I owe this guy the time of day the car was AS-IS and I gave unlimited time to look the car over and drive it. It drove very well. :mad:

Link to comment
Share on other sites

Sold as is. Not much he can do. I am NOT a lawyer but suggest you talk to one..

I wouldn't talk to a lawyer until he sues or of he tries. I would tell him the car was sold as is, and let that be that. I wouldn't block his number if he harasses you press charges.

Link to comment
Share on other sites

Got my friend older friend involved to talk to both parites we came to an agreement that he knew very well that the trans needed service. It was in the craigslist ad in BOLD lettering. I still think he is a liar however. Thanks for the input!

Link to comment
Share on other sites

Calls me tonight, threatens to sue me, says I must exchange cash for car. Tells me theres some 3 day law about cars in ohio.

So just wondering any ideas? Dont think I owe this guy the time of day the car was AS-IS and I gave unlimited time to look the car over and drive it.:mad:

ABSOLUTELY NOT! Ohio has no implied warranty for private party sales. All person-to-person transactions are as-is with no legal recourse. And given that you disclosed the throw-out bearing issue, you're golden. Tell him to go shit in his hat!

Link to comment
Share on other sites

Glad you were able to resolve it.

The law was on your side anyway. But this is an example of why, as an extra precaution, I always put "sold in 'as-is' condition" on the bill of sale. The buyer has a signed and notarized copy, I have a signed and notarized copy, so there's no way anyone can state otherwise afterwards.

Just an extra step to take, for others who may be selling in the future.

Link to comment
Share on other sites

I got into a habit of writing up a little 'bill of sale' when I sold a used vehicle. It had the VIN, price, our names, date and SOLD AS IS with both of us (buyer and seller) and a witness signing the paper.

There is a time period between when you sell a car, and when the buyer registers it, when the buyer could in fact drive the car and kill someone. That paperwork can save you a lot of legal hassles.

Link to comment
Share on other sites

Same thing kinda happened to me, minus the lawsuit part or threat of that is. I sold my car to a kid in WI, delivered it for $ got home, a week goes by... Kid calls me and goes can you repair carbon fiber... I go well yeah, but matching a weave pattern, and making everything right is next to impossible IF it is exposed... I knew the hood was jacked as that was CF. ANyways, he left the hood unlocked hit 60... good bye.

I made sure at the time of sale I had a BOS notarized at the bank where I deposited the check stating AS IS in bold letters. Granted he knew this and was cool, I just always cover my back.

Dude is SOL, you win, he loses.

Link to comment
Share on other sites

I heard a horror story on my car forum a few years ago about something LIKE this... The guy (seller) ended up getting screwed because that state DID have a lemon-law rider that covered all used party sales... "as-is" didn't mean jack if it was the 3-day time period right after the sale.

Others have said Ohio's lemon-law doesn't apply to used vehicles that aren't from a dealer, but that's what you need to double check.

Link to comment
Share on other sites

There is a 72hr period to return a NEW car from a dealership, when I get back on my computer, i'll post the ORC section. Used cars and private party sales are different and you sold it as-is.

Basically, iirc, ORC says you can basically get any new vehicle on a 72hr test drive... though you have to go through the entire purchase process as if you were buying the vehicle.

Nevermind, I was mistaken. The 72 hour policy only applies to very specific transactions. I think my confusion was that I looked it up before, but trying to recall it again I made the wrong association. (I'll go back to the original post and edit it so people don't read it as internet gospel).

There are some interesting provisions though.

Chapter 4517: MOTOR VEHICLE DEALERS, AUCTION OWNERS, AND SALESPERSONS

http://codes.ohio.gov/orc/4517

Chapter 1345: CONSUMER SALES PRACTICES

http://codes.ohio.gov/orc/1345

Chapter 1302: SALES

http://codes.ohio.gov/orc/1302

Link to comment
Share on other sites

U are fine! I sold a old car a few years ago, guy from Cinci came and picked it up, drove like 90mph home (I know this because he told me.. Dumb ass) and oil line broke. He had to park it on 71.. It got hit that night when he left it and totaled the car. He wanted his money back because he said it was still mine since he didn't get the title transferred over yet.

Anyway, I told him to sue, and see how far that got him. He didn't have insurance on the car when he left, so I know for a fact that he would loose his license for a year if he pursued.

Ohio is a title state.. When u sign the back and have it Notorized, the vehicle is now not yours. All private party sales are as is.. Wouldn't hurt to have a bill of sale drawn up.. But I tell everyone that buys my vehicles.. I say it has a tail light warranty.. Once I don't see your tail lights the warranty is over!

Lol

Link to comment
Share on other sites

+1 on him being SOL. In the past 5 years I've had a kid blow a motor on a z28 within a week of me selling it to him, and another kid ruin a steering rack on an Audi (problem disclosed at sale) and try to take legal action. Standard "Crap I fucked up, must be someone else's fault!" Don't worry about it, but if he threatens you then definitely call the police and talk to them.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...