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April 7th, 2006
09:06 am - Buyer beware..?? ok so i need your thoughts....I have sold a used car before and had zero problems so I was hoping it would be that way again. Yesterday the lady that bought my car called me. Now...when I sold it i knew it was making a weird noise, I even warned them about it. They heard it at the time of the drive, we thought maybe it was the spare rolling around so we took it out, they drove it again. Apparently it wasnt the tire it was something under the back of the car. Most smart people would realize "hmm, I like the car but it makes a weird noise so I better have it looked at before i buy". Did these people have it checked or a diagnostic done? Nope..sure didnt. I had it looked at by my mechanic before hand and they didnt think it was anything serious so I left it alone. Now the lady is telling me her husband doesnt think its safe to drive and the person that smogged it said he thougth it was the back end of the car. I dont know if they meant mechanical stuff or that the back end is actually falling apart. She told me she was going to take it in to a mechanic and call me back and let me know, she was saying she thought there was a law that protected the buyer. Now i know with dealers there is a law and the dealership may be liable. However from what I have found online, from a private seller it us a sale "as is" which means once the car leaves my site and the money has been exchanged I am no longer responsible for anything beyond that point. Am I right? She can return the car can she? There were no hidden issues, she knew up front everything and still made the purchase... Current Mood: cranky
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Comments:
![[User Picture]](http://l-userpic.livejournal.com/63681377/600421) | | From: | queso |
| Date: | April 7th, 2006 04:28 pm (UTC) |
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I don't know for sure, but my guess is that you're in the clear. As long as it passed the smog test before you sold it, I think it's their fault that they didn't check it out beforehand.
Yes they got it smogged afterwards. I didnt know i had to do that...it passed the smog so i think Im ok..althought i have a feeling this could get ugly
![[User Picture]](http://l-userpic.livejournal.com/21913381/9547) | | From: | pucks |
| Date: | April 7th, 2006 04:32 pm (UTC) |
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As long as you didnt concele anything you are fine. They buy the car as is.
thanks..thats what i thought
There is something called a "Lemon Law" that I know of... But I don't know the details of how that works. I think it's that you can't resell a car when you know it has problems with out telling the buyer about those problems prior to the sale. You did tell the buyer, so I think that you're fine there. Did you put in writing that there was a noise that you told them about and they still chose to buy the car? What did you have them sign when they purchased the car? Also, I'd recommend getting the receipt from the mechanic you took it to who said it seemed fine. ~I'd say you're safe, but I don't know much about how this stuff works.~ Sorry you're having this lame issue. :-(
Yea there is a law, which applied more to a dealership selling used cars from what I gathered. Also if you sell a car under false pretense, like you said-you dont tell them something is wrong then yea I think they can come after you. However I pointed out the noise, they drove it and even after we ruled out the spare tire and said we didnt know what it was, she STILL bought it. I called the mechanic today and he said to let him know if I need anything and he confirmed that nothing came up on the diagnostic so that confirms to my knowledge that the car was ok. He also said that as far as he knows in this case its "buyer beware" , its their reponsability to examine the car and have it checked before hand after the sale is made...its a done deal.
Oh well..thanks yea this is a pain in the ass
| From: | (Anonymous) |
| Date: | April 12th, 2006 09:29 pm (UTC) |
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| | You're fine. . . | (Link) |
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Like the other person said you DID tell her. And depending on the age of the car she/husband had to know they were going to put some $ into the car. Oh, by the way . . you will love the toyota soooooooooo much that you will stay with the company. We have a 4Runner and a Camry and love them both. Peterbrazen1
![[User Picture]](http://l-userpic.livejournal.com/38573677/2238506) | | From: | lioness_1 |
| Date: | April 12th, 2006 11:15 pm (UTC) |
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| | Re: You're fine. . . | (Link) |
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Thanks...I really appreciate it. They haven't called back so Im thinking they figured out they wont have a case and let it go or even better they had it looked at and it was just something minor. Who knows...and so far I do LOVE my 4runner. I can't drive enough lately...although the gas prices I'm not loving so much. |
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