Personal Dilema

[greenthumb]

I just sold a car this week. the buyer (and his wife)test drove it, looked at it, looked at it, looked at it etc. they made a offer I accepted. the car has just over 100,000 mile but is in good shape. I have been driving it off and on since mid summer. no problems. anyway, they came back Tuesday with money I signed over title took cashiers check etc. they drove away happy as they could be. Last night (two days after they had it) the buyer calls me and said he took the car in to be inspected and the mechanic told him a huge list of problems that could go wrong and they don't want to deal with them so they would like their money back. He has already titled it and licensed in the state of Michigan I feel bad but isn't his job to do this before he buys? I had no clue of any problems especially the ones he said could go wrong. The car still runs and he did not have any trouble he just feels that it will be unsafe to use because of the potential problems. Do I just be mean and say buyer beware. Also I turned away two callers over new years while they waited for their bank to open tuesday

 

[Gatorboy]

It's HIS problem now.

 

[LarryD]

I could generate a list of potential problems a car with 100K miles might experience and I'm not a mechanic, at least not for a living.

I think you're right to say it was an as-is deal. Maybe their mechanic is looking for some business.

 

[Marlowe]

I've been in sales for years and occasionally deal with buyer's remorse. It's a tough call. If you simply give them their money back, you are the one injured and they get off free. If you don't give them the money back, are they really injured? They took it to a mechanic who told them they might have problems, not that they would have problems. Certainly someone looking at a vehicle with over 100,000 miles on it didn't expect to get one in perfect condition. I think what happened is that the mechanic was trying to cover himself in case anything ever went wrong. Put yourself in his place. If something goes wrong and he didn't predict it, he looks bad. Therefore he nitpicks the devil out of the car, finding things that will likely not be a problem for many miles to come. I'd hate to see the list of possible problems with my old truck. It would likely scare a buyer to death, but it keeps on truckin'.

Obviously they should have had the mechanic look at it before the deal was consumated. If you're comfortable that you sold them a good vehicle, I think I'd let the deal stand as is. You're not at fault here and shouldn't be the one to pay.

Tom

 

[California]

You didn't misrepresent it.

Over 100,000 miles is a clear indication that several of the car's sub-systems will need reconditioning in the next few years. Their mechanic simply listed those systems, he didn't discover concealed damage.

If the car was priced average for similar models I would say the transaction is finished and not look back.

 

[Dutch445]

greenthumb,
It sounds like you made a deal with the buyer, and represented the car as is. the only possible problem
could come from any representations or warranties you may
have given him, either verbal or written. (ie: "there is
nothing wrong with this car, it will last you 10 more years" yadda yadda yadda)
If you hadn't made any statements, of which he can contradict with his mechanic, then I don't think you can
be required to refund any money. It seems they had ample
time to check the car over, and made their decision and now somebody else (who may very well sell cars on the side) is telling them they got a bad deal. Like somebody previously said, they had the option of having a mechanic check it before the purchase, right? And, this isn't a new car, and one would expect some issues with any car over 100K. As long as the car is mechanically sound, and drives, and would pass any state safety inspection, I don't think they have a leg to stand on.
Would you say the value you had on the car was within reason for it's condition?
/forums/images/graemlins/smile.gif

 

[LMTC]

You are not being mean by saying "no." I would be polite, but unless you made a gross misrepresentation, he is completely out of line. No way, no how. SO when does "yes" mean "yes"? We have had buyers like this, makes me nuts. I usually (and ONLY because we are a business, and live off sales) do it but tell them to NEVER come back to us again, because their word is worthless. Had a shopper do this recently...give verbal assurances, renege on them, then be angry at us because HE changed his mind and we didn't dance to the tune.

Just politely say "no." You may have lost other sales already.

 

[KubotaSteve]

I say it is his problem. What did he expect for a car with 100,000 miles on it? If you look at Kelley Blue Book's website they list prices for cars if you are buying from a dealer and also if a private owner is selling the car. They state the reason is that a dealer will usually offer some type of warranty thus charging more for the car. You didn't misrepresent any of the facts. They could have caused some of the damage themselves.
I sold a used car once to a family and they came back 3 days later and said the transmission wasn't shifting right. I looked under the car and it had clearly been scraped up. They then proceeded to tell me they drove it in the orchard where they worked and it scraped and drug on the ground /forums/images/graemlins/shocked.gif. It looked like they damage the tranny pan and lines and it was leaking fluid. I told them that the best advice I could give them was to get some fluid in it and get it fixed.
If you still feel bad and want to help the guy out then at the very least, he will need to pay a rental fee to have used the car as well as the cost for you to re-title & tag it since most people will want to test drive the car.

 

[Humbleto]

I would suggest that you take it back under the condition they pay you $.40 a mile for all miles driven. Also they pay for the re-linsensing fee and any taxes that might be applicable. I would also check to see if they did any damage to the car first. They should have had an inspection before buying. You sound like a nice guy.

 

[MarkV]

Tell him that you have already spent the money just like he did. If you mortgage company will give you your money back you will give him his.

That’s a little sarcastic but when he wrote the check and you signed the title the deal was done. No reason for you to feel bad.

MarkV

 

[AB4D]

I agree that it is buyer beware. The purchaser's concerns are without merit and I don't think you are being mean by not taking the vehicle back. A deal is a deal. However, did you give the purchaser a bill of sale that clearly states that the vehicle is sold in "as is" condition? If you didn't, you may have left yourself vulnerable if the purchaser decides to seek relief through the courts. Unfortunately, we live in a country will someone will sue you over a dime or for something stupid like not getting crunchy peanut butter while incarcerated. There is one important thing that I have learned over the years about selling used cars. Always include a bill of sale that clearly indicates the specific conditions of the sale, which also includes an "as is" clause. It protects both the seller and purchaser because it does not leave anything open for interpretation. I hope everything works out for you.


Jim

 

[DUMBDOG]

I will agree with the majority here. Do not take the car back. You do not know how it was driven in the time that they had it. When buying a used vehicle, I normally take it up to a 100 mph just to see if it will do it.

Did this with a used Yamha Venture motorcycle one time and all of a sudden the cover that covers the fuel tank came floating up, it was not fastened down.

If you would take it back, you would only feel foolish that you did. It was a private sale and you have no reputation of a dealership to keep up. My experience is that the people that take a vehicle back, they never return to the dealership anyway.

The point is, it is sold. They bought it. End of story.

 

[MadDog]

Sounds like the mechanic was the auto equivilent of a "home inspection service." Here in Mass. when you sell a home, there is always a condition that it is subject to results of "home inspection." The real price negotiation then begins after the home inspection service gives buyer a 5 page list of things that are less than perfect in a 50 year old home. ...gimme a break. /forums/images/graemlins/wink.gif

So long as you didn't misrepresent anything, and didn't say that you knew of no problems when you did, it's buyer's lookout. As others have said, they could have asked you to have their mechanic look it over before they made their offer and you accepted it. I have often had buyers ask to do that, and I've never refused. When they point out problems, I point out that the price is consistent with Kelly BlueBook for that model in "typical" condition.

The practical problem is that IF the buyer sues, you may waste so much time and $ defending your position that you will have lost even if you win. With that in mind, I would test their resolve by explaining that (1) you were unaware of any problems before and (2) that they could have had the car checked before they bought, to test whether they are really prepared to make an issue of it. If they are, it may be less expensive in the long run to find a compromise, NOT because you are not right, but simply as a matter of practicality.

I certainly hope that it works out for you.

 

[3RRL]

Hi greenthumb, I'll throw my 2 cents in here too.
A lot of us get to be pushovers in our old age because we tend to feel sorry for others and we're basically nice guys. Nothing wrong with that I can appreciate your termoil on this one.

However, my suggestion is you stick to the sale as is. They've had opportunity to check your car out better than they did....First of all, I bet I could list a hundred things tha COULD go wrong with a brand new car let alone one that has 100,000 miles on it.
I'd tell them if they're not happy with it they can sell it. And you're not interested in buying it.
I wouldn't worry too much about being sued, because anyone who buys a used car with 100,000 knows it not brand new and there's bound to be some things it will need....and 100,000 miles on it or things that COULD go wrong does NOT make it unsafe.
Stick by your guns on this one.

 

[meledward23]

As is is As is....

It has been titled... Come on... Forget it at that point. Besides how do you know he didnt run into something... tear it up, etc.....

 

[rvaitor]

I've been in the car business for quite a few years. One thing that always proved beneficial to me is to disclose early on any negatives you can on the car. The last couple of years I've been watching eqmt sell - seems like the more negative the description the more activity it gets - saw this in the car business as well at auction - the sharks circle and the price often is more than one without problems.

Everyone wants to do what's right, but where a dealer might have the capacity to check things over, make post sale repairs, an individual has limited capabilities on that front. Very few folks that buy from an individual expect the "acceptable condition" feeling you'd hope to get from a dealer.

I remember when the big box national used car operations came to town and was talking to one of the large old time Chevy dealers and said, "but they'll buy their cars back". And he looked at me and said, " if someone bought a car from you and they weren't happy wouldn't you buy it back?" It stunned me. He knew from the get go they were selling something most reputable dealers would do anyway.

Sorry for the miscelleneous ramblings - I agree with the consensus.

You might pass on your other prospects.

 

[HGM]

I'll go with the majority as well....

You sold a used car with 100k mi... Even if you told them that it should last another 10yrs, that was a representation of your confidence in the vehicle, not a prommise. You are a private individual who made a private sale. I assume you didnt provide a written waranty so it is definitly his car, heck its in his name now....

As a technician, I can tell you this is typicly the slowest time of year.. He probably gave his opinion on anything that needed or could need addressing to make the vehicle as reliable as new including marginal issues. With 100k it opens allot of doors for maintenance, some of wich could be overkill..If he was worried, he should have taken it to the mechanic first...

If you were confident that the price was fair, tell him that. Maybe go over the list with him and make try to ease his mind about what he was told to be wrong with it. If that doesnt help, like someone else said, he can sell it(it is his now).. Just be nice and tell him you are confident it was a fair deal, its done, thanks for the bussiness, and enjoy the car... You can sleep well, I doubt anyone would be able to sue over a 100k mi car in this situation...

 

[NY_Yankees_Fan]

Green,

In the last 6 months I purchased two cars (Honda and Toyota) with over 100K, for my kid and wife, and I had both checked out by my mechanic. He told me what was needed now and I used the information to bring the price down on both cars. I knew buying a car with 100K is going to have problems in the future.

They did not do their homework, why should it be your concern?? Do not loose any sleep over it, just say sorry!

 

[YanmarFever]

This might sound a little weird but here goes..

There are some people out there that buy a car like the one they have in their garage, they swap the parts they need to repair theirs and try & return the one back with the old parts on it. This happened to someone I met once. soooo... if you take the car back be sure its all there. You could also drive by their house if you have the time to.
I returned someones $$ on a tractor after they put gasoline in the diesel tank, which we found out later. /forums/images/graemlins/shocked.gif
Sometimes being the nice guy doesnt pay off to well /forums/images/graemlins/frown.gif
Just my .02
Ern. /forums/images/graemlins/grin.gif

 

[Wiens]

Greenthumb,

It sounds like the buyer wants you to pay his tuition for his schooling!!

Don't refund your money for his car or apologize to him for the purchase he made. He had the opportunity to take the car to his personal mechanic to be inspected. It isn't your problem if he chose to do it AFTER the sale. I do that with every vehicle I am interested in buying. It costs me $50-$75, however, that is money very well spent. As NY Yankees Fan stated: issues can be expected on a car with 100k miles.

His lack of planning does not constitute an emergency on your part!

Kevin in Kansas