Car sold and now buyer wants money back for repairs

C

Carissues

Guest
Jurisdiction
Arizona
My daughter had my 2006 ford escape in colorado that had a lien on it and i was still paying on in az.
She wanted to sell it to someone she worked with for less than the lien. I advised my daughter that that was not the deal and after looking at KKB value the car was worth $2300 in fair condition and that she needed to tell tgr buyer I was not selling it for less than $1800.
I also did not promise to pay any repair costs but my daughter said she felt bad I had raised the price and stated she would repair the window in a text message to the buyer. This sale was not between her and them, it was a vehicle in my name and I did not agree to this.
The bill of sale that was notorized by a bank stated no such repair agreements and that after they paid the 1800 iI would send them the title, which I did immediately after the bank released the lien which was in about 2 days.

Now the couple is threatening to take my daughter to civil court because she has not paid for the repairs. Is this something I or my daughter need to pay for if the car was in my name and she had no authority to make those promises?

What responses should I make to the couple?
 
What responses should I make to the couple?


None, silence is your best ally.

When we open our mouths, we often regret it.

You already see what your daughter has done by blabbing.

If I were you, I'd simply remain in the background and keep my yapper closed.

You've already won.

You sold your car, paid off the lienholder, and pocketed a tidy little profit.

You promised nothing.

Why start yapping now?

Beyond all that nonsense, you reside in AZ.

The other party resides in CO.

You have nothing to worry about, except the little loud mouth nutball on the Korean peninsula.
 
I am usually on the side of the seller but in this case I take a different view.

Your daughter was acting as your agent and made a promise to the buyer that induced the buyer to buy the car at a higher price than originally discussed. This promise (warranty) was memorialized in a text message to the buyer.

Google the following concepts:

"Apparent authority"

"Detrimental reliance"

I think your daughter could lose if taken to small claims court.

Do you really want her to be handling a small claims lawsuit in CO while you are in AZ or will you spend the money (that you won't get back) and the time off from work (that you won't get compensated for) to go to CO to handle this?

Might be more prudent to just pay for the repair.

I'm sure I'll get an argument but, ultimately, the choice is yours.
 
Last edited:
Morally and ethically I agree with they pay the repair and honor her promise. Would they win in court? For such a small repair(presumably) I just don't see it going that far. People love to threaten court but when it comes down to doing it and finding out what it costs, it often fizzles out.
 
Back
Top