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    need yalls opinion....

    ok. heres the situation. i sold my '90 Jetta to a guy for $650. i had to get the title in my name before i could sell it to him which i did. but before i sold it to him, i signed a contract saying i would get a couple things on it fixed. i paid to get it registered and even put insurance on it for the time being. all in my name. well the guy was driving it and let it idle for a couple minutes and coolant started pouring out of the engine.

    so i had him take it to my friend's shop. i looked it up online and found out the freeze plugs would cause the coolant to pour out. long story short, it sat at my friend's shop for like 3 months. still in my name and all.


    guy decides he doesnt want it anymore and gets another car and wants his money back. legally, do i have to give him his money back? even tho he bought the car and drove it home?
    15
    Yes
    13.33%
    2
    No
    86.67%
    13

    #2
    I wouldn't think so. Did you write a receipt for yours and his records? Also, did you tell him that it is sold as is? Once the money is in your hand its a done deal. No warranties and no returns.
    Last edited by dysfunk; 02-21-2012, 09:55 PM.
    92 Honda Accord LX - Sold
    2005 Nissan Altima 2.5S - Sold
    2007 Dodge Charger SXT

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      #3
      Read up about the Doctrine of Substantial Performance of a contract. Might give you some enlightenment on contract law.
      "There is nothing wrong with you that an expensive operation cannot prolong."

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        #4
        Were the things you agreed to fix contributors to his problem?
        My Members' Ride Thread - It's a marathon build, not a sprint. But keep me honest on the update frequency!

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          #5
          Originally posted by dysfunk View Post
          I wouldn't think so. Did you write a receipt for yours and his records? Also, did you tell him that it is sold as is? Once the money is in your hand its a done deal. No warranties and no returns.
          all we had was the contract stating that i would get the couple things fixed.

          Originally posted by Oreellyfool View Post
          Read up about the Doctrine of Substantial Performance of a contract. Might give you some enlightenment on contract law.
          thanks man.

          Originally posted by Jarrett View Post
          Were the things you agreed to fix contributors to his problem?
          nope. the only problems was ones of the brake rotors and the interior fan. all coolant problems that I knew about were fixed before he drove out the yard.

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            #6
            Then I would say its on him. He paid you in full, its his car.
            92 Honda Accord LX - Sold
            2005 Nissan Altima 2.5S - Sold
            2007 Dodge Charger SXT

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              #7
              Originally posted by dysfunk View Post
              Then I would say its on him. He paid you in full, its his car.
              the car is still in my name too. along with the title and registration. i just sold it tonight for like 1/2 of what i sold it to him for. with his knowledge of course.

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                #8
                So I'm guessing hes getting his money back then? If you re-sold it then I think you should just pay him back its kind of a dick move not to.

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                  #9
                  If you honored your end of the deal and fixed all the things you agreed to fix, and can prove it, then it's on him. If he never put the car in his name, then technically it's still your car. If you want to bypass the hassle, just have your friend with the shop file for an abandoned car title (3 months should be enough time to do that). The DMV will attempt to contact the owner on record, which is you. You can ignore it, the car will then belong to your friend, who can sell it back to you for $1. Your POS Jetta once again, and the dude can't do anything about it! He's the one who abandoned it!

                  Though if he still has your signed title, and you attempt to reclaim the car, he may be able to just present that title at any time and boom... it's suddenly not your car anymore.






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                    #10
                    Originally posted by mappyCB7 View Post
                    So I'm guessing hes getting his money back then? If you re-sold it then I think you should just pay him back its kind of a dick move not to.
                    Originally posted by deevergote View Post
                    If you honored your end of the deal and fixed all the things you agreed to fix, and can prove it, then it's on him. If he never put the car in his name, then technically it's still your car. If you want to bypass the hassle, just have your friend with the shop file for an abandoned car title (3 months should be enough time to do that). The DMV will attempt to contact the owner on record, which is you. You can ignore it, the car will then belong to your friend, who can sell it back to you for $1. Your POS Jetta once again, and the dude can't do anything about it! He's the one who abandoned it!

                    Though if he still has your signed title, and you attempt to reclaim the car, he may be able to just present that title at any time and boom... it's suddenly not your car anymore.

                    Haha. That's the thing. The title has been in my name since the car has been at the shop. I don't have it anymore because..well....a guy bought the car last night. Lol. So he has it. But the original guy that bought it just didn't want it anymore because it sat at the shop for so ling.

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                      #11
                      Just guessing: Is this guy a friend? Because I would not trust a complete stranger with a car in my name. He could have just abandoned the car in the middle of the highway and the cops would come looking for you.

                      When I sell the car, once those papers are signed and the money is exchanged, it's the new owners problem. Not saying I sell shitty cars, but I am as honest as possible when selling. You can't except much from a $650 car.
                      1992 Oldsmobile Custom Cruiser

                      1986 Chevrolet C10|5.3L|SM465|Shortbed|Custom Deluxe

                      1983 Malibu Wagon|TPI 305|T5 5 speed|3.73 non-posi


                      1992 Accord Wagon (RETIRED)

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                        #12
                        Exactly. A cheap used car is just that... a cheap used car. You take your chances! I mean, I'm considering buying a bicycle for $650!
                        If you sold it to him for $5000 and it was a piece of crap, then I'd say he'd have a right to ask for his money back when it broke right away. But you told him that it needed work, sold it to him for a very reasonable price, and offered to fix a few of the known problems... and you did. So if it's not good enough for him, he should've taken it back and sold it himself! You seemed to have no problem selling it again!

                        That guy is a dumbass. I hope it doesn't come back to haunt you... though I don't think the guy would have much to go on if he wanted to try to take you to court over it (and who would, for $650?) He never officially took ownership of the car, and abandoned it for 3 months. Was he asking for his money back right away, or did he wait until after it sat in the shop for 3 months? Hell, just tell him that you paid his $650 to your mechanic friend for the work and storage... so he's free and clear there!






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                          #13
                          Originally posted by mappyCB7 View Post
                          So I'm guessing hes getting his money back then? If you re-sold it then I think you should just pay him back its kind of a dick move not to.
                          Basically.....Karma man.

                          He wanted it but changed his mind because it broke the day you sold it....then never fixed it...then kept his money...really shady.

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                            #14
                            Originally posted by Ralphie View Post
                            Basically.....Karma man.

                            He wanted it but changed his mind because it broke the day you sold it....then never fixed it...then kept his money...really shady.
                            it didnt break the day i sold it to him. he drove it around for a couple days. then he called me saying coolant was pouring out of the engine bay. i fixed what ever problems i saw were wrong with the coolant situation before i sold it. the problem he ran into wasnt at all my fault nor had i had any knowledge of it. he took it to a friend of mind who owns a shop. there it sat for 3 months. after that time he decided he didnt want it and he bought another car.

                            had it broke the day of, i would have no problem giving him his money back.

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                              #15
                              so he paid you in full for the car but never got the title transferred to his name nor registered it nor even really drove it for long? you sir are the greatest con man ever lol


                              so he basically drove a stolen car. its not his right? lol

                              always sell the car AS-IS. less hassle. make no promises unless its a really close friend. If he wants to buy a car then let him handle the fixing part

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