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

Posted on 9/26/15 at 7:49 pm to
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 9/26/15 at 7:49 pm to
I don't think he gets it.
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 9/26/15 at 7:57 pm to
From the Federal Trade Commission:

quote:

Private sales usually are not covered by the "implied warranties" of state law. That means a private sale probably will be on an "as is" basis, unless your purchase agreement with the seller specifically states otherwise. 


[link=(www.consumer.ftc.gov/articles/0055-buying-used-car#warranties)]LINK[/link]
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 9/26/15 at 8:00 pm to
Exactly, and every PSA I've ever done over the past 10 years, which have been a few hundred, all state no warranty, as is where is.

Posted by jmcs68
Member since Sep 2012
40401 posts
Posted on 9/26/15 at 8:19 pm to
Was the BOS executed before a Notary?

If so and it was witness by said Notary then he's screwed. Him signing the BOS nulls any claim he would have for lack of knowledge on his part. He signed and bought regardless of his ignorance.
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 9/26/15 at 8:59 pm to
OP's story is sketchy. There is a reasonable expectation that you would know if your car was in running condition or not.

The OP's description of the buyer is also suspect. Why in the hell wouldn't you want to at least test drive it?
Posted by PiscesTiger
Concrete, WA
Member since Feb 2004
53696 posts
Posted on 9/26/15 at 9:03 pm to
The WAFB Investigative Team and Cheryl Mercedes...

tell 'em we all said hello.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 9/26/15 at 11:06 pm to
quote:

From the Federal Trade Commission:


Wasn't that the exact same language from the used car commissions site? Probably...maybe...sometimes shite.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 9/26/15 at 11:12 pm to
Just like every bill of sale or buyers guide or retail sales installment contract will have an as-is statement.

Just like contracts you see all the time that have invalid clauses.

Go look at your CG bill of sale. I think there is a big empty box where you can add any warranty language that you'd like.

Or...go to google scholar and read some louisiana cases. And argue with those judges.
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 9/26/15 at 11:19 pm to
Why does it say it then idiot?
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 9/26/15 at 11:23 pm to
Do you and Breaux hang out or something? You know the other guy that was made to look like an idiot in this thread yet refused to admit he was wrong.
Posted by shoelessjoe
Member since Jul 2006
11500 posts
Posted on 9/26/15 at 11:24 pm to
The BOS was done by a notary. I hadnt driven the vehicle in quite sometime except about a week ago. I explained it to the buyer and it didnt seem to bother him. I contacted the notary after the call from buyer and he said it was as is. Not my problem.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 9/26/15 at 11:26 pm to
You're correct. That box is left blank for a reason. It's assumed the sale is "as is". The warranty, if any is offered, would be added in that box.

youre a 1st year law student aren't you.
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 9/26/15 at 11:28 pm to
His daddy is a judge dammit!!!!
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 9/26/15 at 11:32 pm to
quote:

contacted the notary after the call from buyer and he said it was as is. N


Surely you had some sort of as is/no warranty statement in the contract right??
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59437 posts
Posted on 9/26/15 at 11:35 pm to
First post on the second page said he called back and everything was fine. No way this thread is still on topic.
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 9/26/15 at 11:37 pm to
Its not. Two people proven wrong that refuse to admit it.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59437 posts
Posted on 9/26/15 at 11:38 pm to
10-4, carry on.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 9/27/15 at 1:40 am to
quote:

Two people proven wrong that refuse to admit it.


I absolutely agree with this statement.
Posted by Breauxsif
Member since May 2012
23199 posts
Posted on 9/27/15 at 2:33 am to
Mouton is a first year law student, hahahaha. The rite of Recission statute applies in this scenario since the sale was closed within the confinds within a domicile. Mouton you're a complete joke of a wannabe lawyer. GTFO of here dumbass.
Posted by LNCHBOX
70448
Member since Jun 2009
89339 posts
Posted on 9/27/15 at 7:30 am to
Are you not grasping that "usually" and "probably" do not equal "always?" Because it sure seems like you think they do.
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