Sold a Car Please, please help!!? - Mustang Evolution

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Old 03-20-2010, 05:45 AM   #1
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Sold a Car Please, please help!!?

OK, I bought a 96 mustang Cobra from a relative for $8,600, and sold it about a month later for $10,000 (Just to make money on it because it was a really good deal and couldnt afford insurance). This guy flew in from Connecticut to pick up the Mustang Cobra ( Bought it off E-Bay from me), there was never any warranty/bill of sale signed stating that he bought the car as is. Honestly I had no idea that this car would need all this work after this guy bought the vehicle. I was nice enough to help him pay for new lifters, and a new exhaust system Because I felt bad, now the guy is saying the engine is shot and it needs a new one, and he is trying to charge back his payment that he made via pay-pal on E-bay 2 months ago which was $10,000, and make me take the car back. Can he do really do that? please help me figure this out.. more detail the better, thanks!
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Old 03-20-2010, 06:01 AM   #2
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Sold a Car Please, please help!!?

No, he has no grounds to come after you, used cars are sold "as is", meaning the buyer must make the decision to buy or not, and if they do, it's a done deal. Even if the title carried a brand(salvage/rebuilt), you aren't required to tell the buyer, morally it would be the nice thing to do, but you aren't required(only a dealer has to, and you have to ask, he doesn't have to offer the info). So, bottom line, you didn't have to pay for new lifters or the exhaust, the buyer should have noticed these needed replacement, second, he should not be allowed to charge back his payment, especially without returning the car to you, the deal is done and the buyer must live with his decision. Legally, you don't have to do anything else, and I wouldn't be conned into replacing or helping pay for anymore repairs, that's the buyer's problem, not yours.
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Old 03-20-2010, 06:37 AM   #3
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Sold a Car Please, please help!!?

UH OH. Paypal will return his money unless you can prove it was delivered to him. If he flew in and drove it away with no paperwork, there is no way to prove it was delivered and paypal will give him his money back. I had this same problem once. Guy paid via paypal and then came and drove the car away. He immediately did a paypal chargeback and they gave him back his money...
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Old 03-20-2010, 07:29 AM   #4
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Sold a Car Please, please help!!?

no the car was sold as is and thats that. he should have looked at the car before he bought it. if i sell you sh*t and call it a banna are you gonna eat it?
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Old 03-20-2010, 08:19 AM   #5
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Sold a Car Please, please help!!?

check your state laws about that.
or talk to a lawyer.
that way if he does take you to court,
you will know
what he can/cant get from you.
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Old 03-20-2010, 08:53 AM   #6
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Sold a Car Please, please help!!?

cars are assumed to be bought as is(unless told otherwise) after they have 12k miles on them
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Old 03-20-2010, 09:09 AM   #7
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Sold a Car Please, please help!!?

You were a sucker to even pay for what you did. He had the opportunity to have the vehicle checked out prior to his purchase and did not. Unless you stipulate a warranty or guarantee of some kind in the listing, the buyer knows it is sold as-is. A fair amount of time has passed since the purchase where he could have done the damage himself from abuse or some other reason. I would not let him con you out of another dime. Just let him know you sold it as-is and will not refunding any monies to him because they are not due.
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Old 03-20-2010, 09:39 AM   #8
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Sold a Car Please, please help!!?

First thing you need to do is dispute this through eBay. Second thing is consult an attorney because you are fixin' to get sued.

But I gotta tell you that doing a transaction like this with no signed Sales agreement is just plain foolish. A simple piece of paper with the words SOLD AS IS No Warranties No Return Policy in affect. With two signatures you could have avoided this entire episode.

I won't say you deserve the problems because you brought them on yourself, but you should have been smarter than to allow an out of state transaction to go so bad. Your quick money deal will cost you some legal fees and lots of time before it's over.
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Old 03-20-2010, 10:28 AM   #9
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Sold a Car Please, please help!!?

You have a real dilemma on your hands. First of all I would pull the way you advertised the car when you put up the terms and conditions to sell it on Ebay. If the terms did not state "as is" "where as" you may have to go to the next level and seek out professional advice from a legal entity. Paypal has a limit that they will cover should a deal go side ways so check what it is. I don't think he can reverse the sale, without your consent. What looms on the horizon in your case is can he give you such negative feedback that your chances of selling on Ebay are taken away.
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Old 03-20-2010, 10:29 AM   #10
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Sold a Car Please, please help!!?

Unless you put somethign in writing, all used car sales are as, where-is. He bought it, its his problem now. in my opinion, you went well above what you shoul dhave by helping with the lifters and exhaust system. That is more than generous of you. At this point, you are done.

The only caveat is how you represented the car in your ad. If you said it was mechanically perfect, or anything like that, he might be able to cause some trouble. Then again, he bought it over the internet, sight unseen, no inspection. That's his problem.
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