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re: Sold a used vehicle. Now buyer wants his money back.

Posted on 9/26/15 at 2:29 pm to
Posted by Mung
NorCal
Member since Aug 2007
9054 posts
Posted on 9/26/15 at 2:29 pm to
1. Did you know the car had a defect?
2. Did you disclose it to the buyer?
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 9/26/15 at 2:44 pm to
quote:

usually are not


How the frick is that specific? Do you know what specific means?

I kinda think my state code article was more specific.

How about this...call the Used Car Commission, give them this scenario, and tell them how you relied on their FAQ in doing business. I bet they won't stand behind it or help you.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 9/26/15 at 3:07 pm to
quote:

How about this...call the Used Car Commission


Oh?
Posted by dewster
Chicago
Member since Aug 2006
25343 posts
Posted on 9/26/15 at 3:15 pm to
quote:

by Hammertime
Look, he agreed to pay me money, and then didn't. He drove the truck around for 30 minutes and decided he wanted it. It had a lot of performance goodies that could severely damage the truck if they weren't used properly, and he ended up taking advantage of them. He screwed me and then himself.

Btw, I told him everything that had ever gone wrong with it and everything that had been replaced both over the phone and in person. The truck was a lemon, put me $30k in the hole, and he made the decision to buy it. Not my problem



Was this that Ford F250 that you mentioned had given you all that trouble?

I feel sorry for whoever bought that.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 9/26/15 at 3:24 pm to
quote:

Oh?


Their site was his source.
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 9/26/15 at 4:11 pm to
quote:


I kinda think my state code article was more 


It does not say that it specifically applies to private party auto sales, what I posted does.
Posted by TexasTiger1185
New Orleans
Member since Sep 2011
13070 posts
Posted on 9/26/15 at 5:30 pm to
Did you know about any problems?
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 9/26/15 at 5:32 pm to
quote:

Did you know about any problems?


Shhhhhhh...don't open the misrepresentation or suppression of truth cabinet too. Lol.
Posted by tgrbaitn08
Member since Dec 2007
146214 posts
Posted on 9/26/15 at 5:35 pm to
I'm not sure how it works with cars, but I know when selling a boat it's "as is, where is" and you aren't required to disclose anything.

It's up to the buyer to do his due dillagance.
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 9/26/15 at 5:35 pm to
Serious question. Why do you think what I posted contradicts what you posted?
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 9/26/15 at 5:36 pm to
quote:

It does not say that it specifically applies to private party auto sales, what I posted does.


It can say whatever it wants and still be wrong.

If this weren't the ot, I'd cite cases for you.

Since it is the ot...MY DADDY, THE JUDGE, SAYS YOU'RE STUPID AND YOU JUST NEED TO STICK WITH frickING RETARDS ON HYUNDAIS AT THE USED CAR LOT. lol.

I'll pretend it's not the ot.

LINK

It isn't on point, because it involves a used car dealer, but it works the same if your seller is a private party.
This post was edited on 9/26/15 at 5:53 pm
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 9/26/15 at 5:57 pm to
quote:

Serious question. Why do you think what I posted contradicts what you posted?


Because it's the opposite of what I'm saying.

You: look...the commission said no implied warranties on their FAQ.

Me: the law says every sale has implied warranties...different kinds too...unless they are validly waived.

We seem to be contradicting each other...don't ya think?

Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 9/26/15 at 6:04 pm to
quote:

I'm not sure how it works with cars, but I know when selling a boat it's "as is, where is" and you aren't required to disclose anything.

It's up to the buyer to do his due dillagance.


Not in Louisiana; it works the same with boats.

However, the buyer does have a duty to reasonably inspect the thing. For redhibition to apply, the defect must be hidden/non-apparent. Our buyer might should have discovered a leaky transom, but he probably couldn't discover a clogged carburetor that only manifested itself while under a load in the water.

Depends on the specifics of the case.
Posted by tgrbaitn08
Member since Dec 2007
146214 posts
Posted on 9/26/15 at 6:10 pm to
Not with boats. The seller isn't required to disclose anything. It's a as is where is. Trust me on this.


Go look up an original USCG Bill of Sale and read the second page.
This post was edited on 9/26/15 at 6:12 pm
Posted by tigerstripedjacket
This side of the wall
Member since Sep 2011
3001 posts
Posted on 9/26/15 at 7:03 pm to
Should've called To get the E Guarantee. Before you accept a quick check, check with him.
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 9/26/15 at 7:10 pm to
quote:

nce it is the ot...MY DADDY, THE JUDGE, SAYS YOU'RE STUPID AND YOU JUST NEED TO STICK WITH frickING RETARDS ON HYUNDAIS AT THE USED CAR LOT. lol. 


Lol. You sure do seem angry about this. What I posted comes from a state agency and says the opposite of what you are saying so perhaps the statute you posted doesn't apply to private sellers just like it doesn't apply to private sellers in pretty much every state in the country? Why else would a state agency put false information on their website??
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 9/26/15 at 7:20 pm to
I posted you a recent case. Can you read?
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 9/26/15 at 7:30 pm to
I don't think you know what you're talking about. I doubt the 1340 has that language.
Posted by tgrbaitn08
Member since Dec 2007
146214 posts
Posted on 9/26/15 at 7:34 pm to
Lol ok. You're right. I have no idea what I'm talking about. I've never sold a boat ever in my life.
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 9/26/15 at 7:44 pm to
Yeah I can read jackass? Can you? Did you miss where I said maybe the statute does not apply to private sellers(like my link from a state agency says)?

Does the case you posted involve a private seller?
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