Alright, I just sold my 1992 accord on ebay. I posted in the description "AS-IS" and there is no existing warranty. The buyer test drove the car, looked over the car, and the next day he bought the car.
He drove it atleast 15-20 miles (from my parents house to his house) and told me that the starter and the alternator are shot. Now he has changed his story that the alternator is shot. He told me that the alternator was "taped" together
and that is what dealerships do for temp fixes, lol. I know the alternator was not taped, and there is no such thing as a dealership doing that (my brother worked at a dealership for 4yrs, my brother in law is working at a dealership for the past 10yrs, and my best friend works at a dealership for the past 6yrs and none of them have heard such a thing) and I don't do half assed jobs like that.
Now he is threatening me by saying he is going to get a lawyer and take me to court.
In my ad, I posted what was wrong with the car (that I knew of) and I even supplied the replacement parts for the car. The car only sold for $800. I have a lot more money into that car than what it was sold for (just replaced the brake lines and fittings - $415).
I think it is fishy because he offered to bring the car back and I would only give him $650 for all "the hassle and troubles". I think he messed up something more than the alternator itself if he is going to just give me $150.
I've been doing some research and this is what I've found ::
This is off of http://www.carlemon.com/lemon/OH_LemonGuide.html :
And I looked up the Magnuson Moss Warranty Act in Ohio (which I never supplied an existing warranty) (http://www.free-lemon-law-guide.com/...rranty-act.php )::
My only question is, since I put "AS-IS" with no warranty and I even let him test drive and look over the car before buying, can he take me to court at all?
TIA
He drove it atleast 15-20 miles (from my parents house to his house) and told me that the starter and the alternator are shot. Now he has changed his story that the alternator is shot. He told me that the alternator was "taped" together
and that is what dealerships do for temp fixes, lol. I know the alternator was not taped, and there is no such thing as a dealership doing that (my brother worked at a dealership for 4yrs, my brother in law is working at a dealership for the past 10yrs, and my best friend works at a dealership for the past 6yrs and none of them have heard such a thing) and I don't do half assed jobs like that.Now he is threatening me by saying he is going to get a lawyer and take me to court.
In my ad, I posted what was wrong with the car (that I knew of) and I even supplied the replacement parts for the car. The car only sold for $800. I have a lot more money into that car than what it was sold for (just replaced the brake lines and fittings - $415).
I think it is fishy because he offered to bring the car back and I would only give him $650 for all "the hassle and troubles". I think he messed up something more than the alternator itself if he is going to just give me $150.
I've been doing some research and this is what I've found ::
This is off of http://www.carlemon.com/lemon/OH_LemonGuide.html :
Is There Protection for Used Car Buyers?
If you are looking at buying a used car, keep in mind that Ohio's Lemon Law does not apply to motor vehicles more than one year old or driven more than 18,000 miles.
Also keep in mind that lemons returned to the manufacturer or dealer can be resold to consumers only under certain conditions. A used car dealer must give you the following statement to read and sign before selling you a returned lemon.
IMPORTANT: This vehicle was returned to the manufacturer because it did not conform to the manufacturer's express warranty and the nonconformity was not cured within a reasonable amount of time as provided by Ohio law.
The automaker must give you at least a 12 month, 12,000 mile warranty that offers the same coverage as the original new car warranty.
The notice and warranty are required even if the car was returned as a lemon under the law of another state. The notice and warranty serve as your warning that you are buying a vehicle returned as a lemon.
In addition, manufacturers must obtain certificate of titles for returned lemons that include the following disclosure:
If you are looking at buying a used car, keep in mind that Ohio's Lemon Law does not apply to motor vehicles more than one year old or driven more than 18,000 miles.
Also keep in mind that lemons returned to the manufacturer or dealer can be resold to consumers only under certain conditions. A used car dealer must give you the following statement to read and sign before selling you a returned lemon.
IMPORTANT: This vehicle was returned to the manufacturer because it did not conform to the manufacturer's express warranty and the nonconformity was not cured within a reasonable amount of time as provided by Ohio law.
The automaker must give you at least a 12 month, 12,000 mile warranty that offers the same coverage as the original new car warranty.
The notice and warranty are required even if the car was returned as a lemon under the law of another state. The notice and warranty serve as your warning that you are buying a vehicle returned as a lemon.
In addition, manufacturers must obtain certificate of titles for returned lemons that include the following disclosure:
The Magnuson-Moss Warranty Act is a Federal Law that protects the buyer of any product which costs more than $25 and comes with an express written warranty. This law applies to any product that you buy that does not perform as it should.
The Magnuson-Moss Act gives consumers considerable rights in dealing with manufacturers of lemon cars. A car buyer is guaranteed that certain minimum requirements of warranties must be met, and provides for disclosure of warranties before purchase.
Regarding "lemon cars", this law greatly affects the rights of car buyers. For any product which has a written warranty if any part of the product, or the product itself is considered defective, the warrantor must permit the buyer the choice of either a refund or replacement of the product.
Law firms have argued successfully to juries that the lemon manufacturers should be given three attempts to fix the defect. Continued attempts to repair beyond the initial three should not be allowed. This is called the "three strikes and you're out" principle.
A consumer may pursue legal action in any court of general jurisdiction in the United States to enforce his rights under the Magnuson-Moss Law. Attorney's fees based on actual time spent will be covered if the consumer does prevail.
Due to this particular condition, there is quite a bit of financial pressure on the manufacturer to settle consumers disputes before going to court, as this would keep their expenses down.
The narrative information on Magnusson-Moss, and lemon laws is provided by T. Michael Flinn, attorney.
The Magnuson-Moss Act gives consumers considerable rights in dealing with manufacturers of lemon cars. A car buyer is guaranteed that certain minimum requirements of warranties must be met, and provides for disclosure of warranties before purchase.
Regarding "lemon cars", this law greatly affects the rights of car buyers. For any product which has a written warranty if any part of the product, or the product itself is considered defective, the warrantor must permit the buyer the choice of either a refund or replacement of the product.
Law firms have argued successfully to juries that the lemon manufacturers should be given three attempts to fix the defect. Continued attempts to repair beyond the initial three should not be allowed. This is called the "three strikes and you're out" principle.
A consumer may pursue legal action in any court of general jurisdiction in the United States to enforce his rights under the Magnuson-Moss Law. Attorney's fees based on actual time spent will be covered if the consumer does prevail.
Due to this particular condition, there is quite a bit of financial pressure on the manufacturer to settle consumers disputes before going to court, as this would keep their expenses down.
The narrative information on Magnusson-Moss, and lemon laws is provided by T. Michael Flinn, attorney.
My only question is, since I put "AS-IS" with no warranty and I even let him test drive and look over the car before buying, can he take me to court at all?
TIA
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