Sold a car

[lorib87]

I sold a 1999 Mazda 626 in florida with the heads recently redone to someone June 23, 2010. When the car was given to the purchaser a/c was working,car was running fine and car had no check engine light. I drove the car for about a month after fixing it and sold it just for a small profit. The person stated they wanted an agreement that the car was a gift to save money on taxes because they were going through financial difficulty which I wrote up and it stated I gave them the car as a gift and was not responsible for any incidents or accidents with car after june 23 2010. Now the purchaser licensed and insured car and wants a refund for the car because the check engine light came on and this could very well be something as small as a o2 sensor but they refused to have it checked. I do not have the money to give them back and wanted to know if I had sent them a text messaging saying the car has no mechanical issues if that is considered warranty or not? I know she can sue its her right but I want to know my rights as the seller as well....

 

[tpajet]

She can sue, but she has no basis, and would not win the suit. For one thing the light came on after she took possession of the car. But the most important fact is that unless you specified in the bill of sale or otherwise in writing any type of warranty, then the car is considered to be sold as is. So as long as your bill of sale doesn't include anything about you taking the car back if there were a problem then it's her tough luck.

So if she does try to take you to court then you simply state that #1 there was no warranty and #2 this all happened after she took the car, so you have no way to know what she did with the car that may or may not have caused this, including just hitting the wrong bump in the road. Your text message saying there is nothing wrong with the car is only stating that is the condition of the car right then.

If she does contact you demanding you take the car back simply tell her no, that you had no warranty on the car, and that by law that means the car is sold as is.

 

[mightymoose]

This person would also have to expose the fraud that was committed when the two of you indicated that it was a gift. This person went and registered the vehicle and failed to pay the appropriate taxes.
I suppose it would be hard to get a refund for something that was given as a gift, huh?

The car is her problem now. Don't get sucked into any drama over it.