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  #1 (permalink)  
Old 01-29-2006, 01:37 PM
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Can I return this car I bought..all the parts arn't here??

I sold the pro-street 65 Chevelle project the other week. Today I got a call from the guy who bought it and he wants me to take it back as ALL the parts arn't there for him to finish building it. I told him to remember the conversation we had before he bought the car when I told him he gets all the parts I have for it but he buys it AS IS?? He says yes, he remembers the conversation but really want's the pro-street 53 Chevy driver and his buddy talked him out of it and would I NOW sell him that car and give him $5500 credit towards buying the 53...I said I would think about it but the price on the 53 Chevy was now $11,000 and he wasn't happy I raised the price but I re-advertised it/the 53 and raised my price and that's what I'm selling it for now. But he wanted me to sell it to him for the other price and I told him I had it under priced and changed my mind on the asking price after the old ad ran out and after he bought the 65...That was like 3 week ends ago and now he wants to bring it back??? Arn't all sales final unless other-wise stated??? When I buy something I buy it understanding that Unless the guy selling it says if your not happy you can bring it back that I bought it and its mine to keep? This is the first time I ever had someone try and return a car they bought from me...I'm a bit confused???


Tazz

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Old 01-29-2006, 02:01 PM
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Man, don't hesitate to hang up on that guy.
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Old 01-29-2006, 02:18 PM
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Sound like hes got more money than common sense !!
Hey car lots want to get their cars back on a default payment!! if you think you can move the chevelle ..again than give him $3,500. credit toward the 53 and re sell the chevelle for $5,500. again 2 grand ought to be worth your time & hassle! then another $2,000 more when you sell it

Buy low sell high

I guess he might think twice the next time but prolly not!



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Old 01-29-2006, 03:54 PM
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I might take it back but there would be a hefty restockinf fee.
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Old 01-29-2006, 04:03 PM
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Do you have a bill of sale stating "as is"? Seems like someone told me once on a car sale after I believe 3 days there is no legal recourse. He admitted the conversation as is prior to sale. While things are fresh in your mind write down notes of your conversations, and sale. I'd think 3 weeks later it is his problem not yours.
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Old 01-29-2006, 04:21 PM
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Ask him if he has ever heard the question "What part of NO don't you understand?" if he grows the acorns to call you back again about the car.
Then proceed to tell him that your lawyer has informed you that he has no recourse as the car was sold in an incomplete state as a "fixxer-upper" with the buyer in full knowledge of the cars' condition before the sale was completed.

Even if you were win a brand new car in a raffle or something, and pay the taxes and required state fees to actually own it enough to sell it, and then sold it, the newest buyer couldn't come back to you and expect service and warranty, the would still fall under factory, but they couldn't get their money back if they wanted or found a better deal somewhere else.
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Old 01-29-2006, 09:35 PM
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What a tard
Does he think its friggin walmart or something?
I got an idea, if this guy thinks he can just go and do things as he pleases, then tell him you'll take the chevelle back, but only give him back half of his money. Then sell him the 53 for that higher price.
If he wants to return it to you that bad, you might as well get a few bucks for having to deal with his sorry butt.


Brad
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Old 01-31-2006, 02:02 AM
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KEY WORD 'YOU SOLD A 65 CHEVELLE' YOU DIDN'T RENT IT OUT FOR A FEW WEEKS LOL.. IN MY EYES A DEAL IS A DEAL, WHAT HAPPENS IF YOU DO TAKE IT BACK AND HE DOES BUY THE 53 AND TRYS TO TAKE IT BACK ALSO? SOUNDS LIKE THIS GUY IS CONFUSED ON WHAT HE REALLY WANTS SO I WOULD BE CAREFUL DEALING WITH HIM AGAIN BEFORE HE REALLY GETS ON YOUR NERVES!
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Old 02-04-2006, 02:39 AM
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Got another call

The guy who bought the 65 Chevelle had his mechanic/body man call and ask if I had any more parts for the 65. I told the dude I had parts only for the 64 SS I sold the day before they came to look at the 65. He wants me to give him the parts for the I have for the 64 so he can finish the build on the 65. I tell him the 64 parts go for $1500, glass fenders and snorkel hood, radiator brace, all the stainless and trunk lid and fuel cell and glass and more. The 64 was a shell, no doors or floor..just a rolling shell,back haved and ford 9" rear end with a full cage. The parts were to start to finish the 64 SS and were promised to the 64's new owner. Told the guy to go on line and buy the parts off e-bay or go to a swap meet and look around. I did tell him I'd call the new owner of the 64 SS and ask him if he still wanted the parts, if not I'd call the owner of the 65 sedan and offer him the parts but at the price of $1500 and he takes every thing I have, I'm not selling off the parts one at a time. He can sell the parts if he wants once he takes what he thinks he needs to finish his project. The mechanic/body man's boss called me, he has a 2003 fat boy he wants to trade for the pro-street 53 Chevy + some $cash$ and wants to come look at the car. I told him to bring pictures of the bike...I'll look at the bike later....we can make a deal if we are both satisfied. And I just bought an 05 Road King with 675 miles on it..gets delivered today???


Tazz
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Old 02-04-2006, 03:10 AM
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im quite sure that here in NY, all private party vehicals sales are "as-is" .... EVEN IF ITS NOT ON THE BILL OF SALE!

i could write out a receipt that says: 1973 XXX, bought for $1000 and paid in full and state law already dictates that that bill of sale is "as is"

the only time the new buyer can do anything is if he has some sort of promise otherwise ... either on paper, on tape, or can bring enough witnesses to court to convince a judge otherwise

sold equals sold .... no "indian giver" type ***** allowed
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Old 02-04-2006, 04:28 AM
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I sold a 34 Ford 16 yrs ago & after the sale the guy decided he did not want the car & wanted his money back. I said no a deal is a deal...well he got a attorny & I recieved a ltr stating The car was misrepresented, not save & not driveable(it had no motor).

Well in the end to avoid further lawers fees I gave him his money back. I retained a lawyer & by giving his money back he paid for my lawyer. If I had not done this I would of lost money in those fees.

As I latter found out the buyer got fired from the job he had at the time & could not afford the car. What a hassle that was.

Don
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Old 02-04-2006, 05:16 AM
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Doc here,

Regardless of what the state law dictates, Which is good if the vehicle was involved in a Felony, Your problems can and probably will extend to a Civil Court.

To prove your case, You must show a Civil Judge a Few things.
  • The Plaintiff or his agent Had a chance to Inspect the property and it's condition before the sale and removed the property after inspection.(Bill of sale and the required release of liability form will help)
  • There was no misrepresentation in either the Vehicle condition or the terms of sale. (may need the original ad)
  • That the Plaintiff had ample time to reverse the sale, or terms of the contract of sale, (verbal or written) up to 72 hours is not considered out of place.
  • That the plaintiff was aware that said vehicle was missing parts..(Provable if towed away..get a copy of the bill from the tow service)

If he does file a Civil suit , be sure to counter claim the suit..And Attach a Dollar amount equal to that which the state maximum will support. In Ca It's $5 grand..Check your state..And the Reason for said Counter suit?

Because you had to pull the second vehicle worth $11,000 off the market in case there was a award of judgment contrary to your suit, you would have that vehicle to appease the plaintiff and the judgment ..

Some guy's will go around suing on deals just like this and usually make out like the bandits they are..If he realizes he has a major financial hit if the suit goes against him, He probably will be scared off..like having a big dog in your front yard..


In Future, WHENEVER you sell a Vehicle, (I know you have a computer, and probably a printer) Go to the word processor, and type up a "Bill and Terms of Sale"

Within that instrument,State EXACTLY the terms of sale, Terms of sale, Vehicle Condition is "As Is Where is" And in all fairness, (and you don't have to do this at all, but if you ever have to go to court, it looks real good for you) Add a Clause for 72 hour buyer's remorse..(but add a fair fee to reverse the deal.)

Show on this instrument , The buyers name address, Valid Driver's number, phone number, THE DATE of purchase, (Very Important) The Vehicle Tag number, Vin, Year, Make and Model, Then the terms of sale.

The first sentence of that document should read, "I/We___________(Buyers name) As of this date_________(the date, and don't cut a deal on this to avoid registration penalities..THE EXACT DATE ) Local Time:________ (time is important in case he has an accident on the way home) Have Purchased the following Vehicle: (insert all the Vehicle parameters) And from this date forth assume All responsibility for said vehicle, holding the seller: ____________(Your name) Harmless from Liability from this date forward. Then the Terms of Sale: Vehicle Condition : "As Is , Where Is " No warranty is Implied Nor any Given" and any claim of misrepresentation be presented to the Seller within 72 hours. Time is of the essence.

Then have Both parties sign, (be sure you print out two copies, AND both sign both copies) Give the buyer one, save one for your files.

In addition to that, Get 2 release of liability forms, and fill out all the information on both copies, Give him one and Copy yours and send the Signed copy to The DMV..This relieves you of liability if the thing falls off the tow truck and wipes out a row of cars and a building..

After the Title is signed, and dated, Copy it..If you don't have a scanner, use a FAX machine..or if need be go to the local stop and rob and copy it. This copy will stay in your files.

This way you have CYA ...In any case that might come up..

In point, My youngest son was arrested at our home, for a Major hit and run with injuries , A felony warrant..

BECAUSE the Crud bunny Donation people Who ran drug rehab houses, didn't bother to re~Register the Day~um Thing.

Consequently, Some Druggie, on a binge..took the car from the yard and had a rolling party, until he hit another car head on..

when the CHP ran the plate it came back as My Son as the L.O. and R.O. He was arrested, Charged with Several Felony's and spent the weekend in the graybar hotel until we could get to arraignment on Monday.

BE advised: if your on the reg, and this happens, Your IT , until a judge Say's different..The PD is not going to bargain with you, they have an order to arrest and detain you by the very same judge..

Well, That's my long advise, Take it or not..

But be advised..It's a litigious world out there..

Doc
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  #13 (permalink)  
Old 02-04-2006, 05:32 AM
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he should have left his buddy home that day, as is sell, means you get what you see
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Old 02-04-2006, 05:40 AM
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^very good post

another good bit of information to have is to request to see the owners Drivers license, and copy down his name, address, and license #

that way if anything does happen and the cops come knocking on your door, its not : i sold it to john smith, i think hes from XXX

instead its "i sold it to john smith, 650 lundy lane, buffalo NY, 14225, and his license number is 756-7689-3782

even if his licence address is old, they still know exactly which of the dozen john smiths from that town that he is ....

just a thought
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Old 02-05-2006, 09:26 AM
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Excellent advise Docvette!

With your permission I'd like to copy and paste the Terms of Sale to "Word" and keep it for future use.
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