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Discussion Starter · #1 ·
i need some opinions here, as im pretty sure i am right in this situation.

on june 30th i took payment for the sale of my honda. the car was running on a motor that i put together over 4 years ago, had close to 7k miles on a "race motor", and had close to 30 dyno hits on it. at the time of sale i did not have the title in hand since i was waiting for DMV to send it and had been given a date of august 4th delivery. buyer never asked for a test drive, compression test, leak downtest, etc. i made him fully aware of all specs and that it was not professionally built.

a week before the sale, a compression test was done, reading >180 across the board (a tad low but within 10% in all cylinders), and the car went on the dyno which i payed for, and was tuned to a nice 210whp with the tuner checking plugs on the dyno. all cylinders were running fine and it obviously made respectable power. the car was then parked.

buyer asks if he can have car without title since he wants to take it to the chassis shop to have the roll cage modified. I agree, and deliver the car on/around July 7th.

3-4 weeks later, buyer calls saying the motor is running on 3 cylinders and is "blown up". tells me he wants a third party mechanic to look at it. i tell him its most likely the rings. 10 days later he calls to tell me he pulled it all apart himself and the ring gaps are garbage, as well as 2 main bearings being close to shot.

August 4th comes i get the title, and go over to his house to give it to him and he can show me a compression test, which results in 1 cylinder showing 125psi! Buyer proceeds to tell me that either i used a shitty machine shop or damage was done on the dyno, and would like me to REFUND him the cost replacement pistons/rings/bearings since he "payed $x,xxx for a working running car and now he hasnt been able to race it".

its now september, for the last 10 days i havent heard from him, now hes calling me everyday and im just ignoring it.

my stance is that there is no way i owe him any money since he had the car in his posession for a month before testing anything, and honestly cant believe hes even got the balls to ask. on top of that, i have multiple people who told me during that month the 16 year old who the car was purchased for had been driving around the neighborhood. i dont plan on answering his calls anytime soon either, but im also not sure how to handle it if he just doesnt stop calling.
 

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The car was sold as-is I am to assume, no guarantees were made in writing.

He can go eat a dick. It sucks for him, but he bought a highly modified car and shit happens. No fault of your own.
 

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Recipe for success:

1 gun- bigger is better here.
1 cool attitude

Point the gun at his face and tell him to "Fuck Off" in a mature and respectful tone. Buyer will surely understand your position and realize that it was, in fact, his fault for buying a vehicle with no implied warranty of any kind. Once the epiphany is reached on his end, simply smile and walk away.
 

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Discussion Starter · #4 ·
The car was sold as-is I am to assume, no guarantees were made in writing.

He can go eat a dick. It sucks for him, but he bought a highly modified car and shit happens. No fault of your own.
the only thing i regret is that in a rush i left the words as-is out of the receipt for payment. but at the same time i in now way expressed any warranty.

the worst part is this guy owns two 8 second super gas corvette dragsters, and has tons of money.

do i have any reason to call him back? or should i just hope he gets the hint?
 

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Simply put - no refunds, car was sold as is - no warranty. A used car is a used car - you disclosed ALL your known information you had and the buyer had every right and chance to inspect the car prior.

Personally - I would not nor ever would I release a car paid for or not without transferring the title. Problem now is - you still own that car. If he dumps it anywhere or performs any illegal acts, it will come back to you. I recommend getting a lawyer or some legal advice - was there a bill of sale signed at the least? You need some legal document saying the transaction was made and agreed to at time of financial transfer. I never buy or sell a car w/out a bill of sale/discloser.
Report the car stolen - use the insurance money to get more out of it and close the case :)
 

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You owe him nothing. If he continues to call, that sounds like harassment.

I don't know how the DMV works up there, but if someone buys a car and doesn't transfer it out of my name in KY, I can do to the DMV and sign a paper saying that I have sold the car. I believe basically releases my liability for the vehicle. I'd see if something like that is available where you are.
 

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Discussion Starter · #7 ·
i had no plans of giving him the car until title arrived. he said he would give me a deposit. when i went to his house to get it he decided to just pay me in full. a bill of sale was signed of course. he then pressured me to let him have the car since i had the money and was still the legal owner, so it wasnt really all that much risk to me.

he has had the title for about a month now.
 

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It's his car/his problem.

Go get an adult drink and enjoy the day.
 

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Just tell him that you are not legally responsible for whatever resulted from his illegal use of the vehicle and that if he continues to call you will file a harassment case with the appropriate authorities.

Sounds like you have all your "ducks" in a row on this - just push back lightly to let him know you won't be pushed around and you mean business.
 

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Discussion Starter · #11 ·
this mornings voicemail is him now getting angry that i havent called him back in 3 days and "we need to settle this"

thats great, next up he'll be threatening me. i just have a feeling he wont understand that hes not getting money back since he really thinks he has a case here.
 

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When was the bill of sale dated? In Iowa you have 30 days to produce a title and 45 days max to register the car. You need to check your DMV laws, you might have to give him his money back because of the title delays, not the motor issue.
 

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Discussion Starter · #13 ·
doubtful. the bill of sale, which actually titled a deposit receipt since thats what he was supposed to give me, then the deposit value was just written in as the agreed price. it was dated june 30th.

title was signed by me august 4th. ive waited long periods to register cars after buying...dont see an issue.

if he has had the title for 30 days and hasnt registered it thats his issue. plus at this point he went ahead an rebuilt the engine with his choice of parts, so he would never be getting a full refund either.
 

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He is shit out of luck, plain and simple. Call him back, to put an end to it. I would tell him if he continues to call and harass the cops will be called. Theres a bill of sale, theres a title transfer, he's had ownership of the car for how long now? Exactly what can his argument be?
 

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Discussion Starter · #16 ·
he has had the car in his possession since at least July 7th, it was a month after he took possession that he told me it was dead.

im still debating if its worth calling him to try and rationalize with him that hes is SOL, os just keep ignoring him.
 

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Ignoring him will only make it worse.


What I was getting at is if you didn't produce a title within a certian amount of time depending on when the bill of sale was dated, no mater what was verbaly agreed to he may have legal right to get his money back and you the car back. Now if he was foolish enough to spend money on a car he didn't have a title to you might e better off taking the car back and giving him his purchase price back. Follow me?
 

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Although it's undeniably the most awkward and uncomfortable solution, you have to call the guy and settle things. Conflicts like this don't get settled via silence, they get worse.

As far as I, and others see it, you don't owe the buyer a refund. While the words "as-is" may have been left out, I'm sure your actions and verbal exchanges never gave the idea of an expressed or implied warranty. It's a used car that had been heavily modified. Any legal entity that knows this should expect a buyer to express some concern before buying the car. If they don't and they buy the car, the buyer knows what he has gotten into. You didn't lie to him....you told him you had rebuilt the motor, you told him you dyno'd it, and you disclosed everything you had done. In addition, you also expressed that you weren't a professional mechanic/machinist/etc. All of these things considered, there's no way a court would force you to give the money back. There was no deception or any effort to mislead. I would call him one more time and go over things very carefully. Describe how you disclosed everything regarding the car and that he was fully aware of the risks of buying a non-professionally modified car. If he gets hostile or doesn't accept it, tell him you'll either call the cops or wait to hear from a lawyer. Good luck!
 

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If you don't want to call him because he is hard to deal with, then write him a letter and send the title in the mail. I would call him to tell him that that you will be sending him the title and you are unable to refund the money because the cars motor was destroyed after the car was handed over to him.
 
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