Potential flop! Please advise *m*

iVillage Member
Registered: 04-04-2003
Potential flop! Please advise *m*
Fri, 09-26-2003 - 10:12pm
DH and I sold our car last week. Today, the buyer calls and says it was making a pounding noise once the car was warmed up. Happens somewhere between gears 1 and 2. Anyhow, he took it to a mechanic and was told the transmission is shot. He claims we HAD to have known and are dishonest people. I SWEAR DH and I had absolutely no knowledge of this. I drove the car to the buyers house when we sold it and heard/felt nothing unusual. Tonight, he said, "I will see you in court" I feel terrible because these people were nice and we are nice too. But in their minds they are thinking we are dishonest people- which we are NOT! I hate confortation so this REALLY stinks!!!! The buyer should have taken it to a mechanic BEFORE he bought the car. He did the carfax but saw no reason to take it to a mechanic. Also, he did test drive the car before purchasing so why didn't he notice a problem then?????
Avatar for heatherr1
iVillage Member
Registered: 03-31-2003
Fri, 09-26-2003 - 10:29pm
That's too bad that this is happening to you. I would say that you have nothing to worry about. It was his responsibility to make sure that everything was alright and take it to a mechanic. If he failed to do that he is out of luck.


Avatar for scoopsmommy
iVillage Member
Registered: 03-28-2003
Fri, 09-26-2003 - 10:42pm

I would not worry about this at all. Used cars are bought as-is. It is the buyers responsibility to get the car checked out. I know you feel badly about this, but please do not. It is not your problem. This would never make it to a court of law.

Perhaps this person is lying to you. Maybe he changed his mind and wants to get out of the deal or maybe scam you somehow.

Whatever you do, do not "deal" with these people. If they call and threaten you, call the police.

iVillage Member
Registered: 04-22-2003
Sat, 09-27-2003 - 10:25am
I have a quetion for you, did you have them

sign a peice of paper that said it was a

used vhicle and they were buying it as-is.

If you did have it notorized (sp).

We have done this not for incase something

happens but so that we have a record for

DES-food stamp office. It does come in

handy for other reasons. I like to put down

make-year of vehicle, milage and that it is

as-is then i sign it and the buyer signs it

and i get my copy notorized.

hope this helps


iVillage Member
Registered: 04-04-2003
Sat, 09-27-2003 - 12:08pm
Thank you for your input. I totally agree w/ everything you are saying. I still feel horrible because these people didn't seem the type to lie :(
iVillage Member
Registered: 04-04-2003
Sat, 09-27-2003 - 12:09pm
Thank you for your input. I too think it was there responsiblity. Hopefully, we don't have to go to court. I have NEVER had to go and the thought is SCARY!
iVillage Member
Registered: 04-03-2003
Sat, 09-27-2003 - 5:15pm
Unfortunately things just happen sometimes, they aren't necessarily liars. We sold a car and in the three days between the buyer agreeing to take it and when he picked it up, it did something mechanical that cost $200 to fix (we only sold the car for $1000). I can't remember what is was but I remember groaning. Anyway, we had to suck it up and fix it and in this case, the buyer should too. JMHO from someone who has been on the other side.
Avatar for saram6778
iVillage Member
Registered: 03-27-2003
Mon, 09-29-2003 - 1:24pm
I think, when you buy a used car, it is is pretty much "as is" unless there is a stated warranty. I don't think he has much of a case.

We had a similar problem, we sold a car, and it stopped working with in a week. We hadn't driven the car much in over a year, so we did take the car back and gave a full refund. The buyer was a teenager, it was his first car, he had worked a long time for the money--we felt really bad.

WAH Momma to Nicholas 4-7-01 and Katherine 3-9-05

Baby Slings

iVillage Member
Registered: 03-27-2003
Wed, 10-01-2003 - 12:29pm
I know how you feel, this same thing happened to us about 10 years ago. We had a Toyota Tercel that we sold. It wasn't your typical Toyota, it kept having little problems that needed to be fixed, so we fixed them all, but finally decided to get rid of it before anything else went wrong. It was in perfect running shape when we sold it, but we sold it for a super low price (like $2000?), because we didn't feel right listing it as "reliable" or "in great shape".

We had specific wording -- as is-- in the bill of sale, which you should always do when selling a used car (or anything mechanical). But the guy who bought still filed a suit in small claims court. We were so upset about it! We had disclosed all of the problems we had had fixed to him when he bought it. Long story short, we sweated over it, consulted a lawyer, both took the day off from work to go to court, and he never showed up! The room was literally more than 1/2 full of people in the same position as us, with plaintiffs who never show up. It only costs like $20 to file a suit in small claims court.

A used car is a used car. Something is always going to need to be fixed or tuned up. I doubt if the transmission is "shot", he's probably just over-reacting, and when he realized you aren't going to back out of the sale, he'll get over it.

Hope it works out!