WWYD? Difficult situation

[blessedx5]

On Saturday DH sold his 09 car to a private buyer.  Car was in good working order, no problems, well taken care of, maintained etc... but it was a daily commuter so had just under 190000 miles on it.  The guy called DH today and said transmission went out on him and he was NOT happy   He either wanted DH to take the car back and give him his money back or pay for repairs ($3700 as quoted by dealership)  The guy test drove the car on Saturday and DH had driven the car everyday up until that day and there was no indication of a problem.  The guy that bought it drove it back home 2 hours away and said when he went to start it this morning it wouldn't go into gear.  He has called DH multiple times today.  

 

We feel badly this has happened but the car was driving fine for us and even when the guy test drove it.  He did not have a mechanic check it out before hand but I feel that was his choice.  As badly as we feel we know that is a risk you take when you buy a used car.  We also have NO IDEA how the car was driven when he left here....

 

The last voice mail DH received from him he was asking for us to pay 1/2 cost of repair because his son didn't make a lot of $$ and this is who the car is for.  Honestly I know we are not obligated to give him anything but part of me wants to do something... we are just afraid if we offered $500 of his money back he may take that as a confession of responsibility on our part.  

 

This is a tough situation...WWYD?  My stomach has been in knots all day over this....ughhh

 

Debbie

[Haiku]

I think that, before you sell a car, you should have a mechanic look at it.

 

I think that, before you buy a car, you should have a mechanic look at it.

 

That said, if the car quit working two days after he bought it from you, I do think you should either take the car back and refund his money or pay for the transmission to be fixed. He bought a car that is now undriveable.

[itsheresomewhere]

There is a scam out there that the buyer says the car died/trans/engine went right after they buy it. My bad side would wonder if he was pulling that.

 

Otherwise, you bought used so no returns/money back.

[gingersmom]

What are the laws regarding used car sales in your state?

 

If he didn't have a mechanic look at it it's his own fault.

[Happy]

There is a scam out there that the buyer says the car died/trans/engine went right after they buy it. My bad side would wonder if he was pulling that.

 

Otherwise, you bought used so no returns/money back.

This crossed my mind, too. Is there a written estimate on letterhead from a transmission shop or only his word?

[Amy in NH]

On the bill of sale did you put "as is condition"?

[ScoutTN]

I agree that the buyer should have had it checked by a mechanic before buying. 

$3700 for a transmission on a car with that many miles is ridiculous. He should be looking at a rebuilt transmission, with labor done by an independent mechanic, not a dealership.

 

If you sold it in good faith, I don't think you are obligated to refund or repair. But if I could, I would., AFTER seeing in person that the car does not run or having my own mechanic look at it. 

Edited May 16, 2016 by ScoutTN

[blessedx5]

"as is" is not written on the bill of sale but in our state it is my understanding all private auto sales are "as is"

[blessedx5]

my fear on refunding the guys money and taking the car back is what has he potentially done to it in some way to damage it out of spite...kwim?

[poppy]

I think he is out of luck.

 

But I don't think it's too likely a transmission needs a full replacement and the driver had no idea.   That just doesn't ring true.  

 

[DawnM]

Offer to drive the full 2 hours and explain that you will be bringing a mechanic with you as your BIL, FIL, or neighbor is a mechanic.  

 

Or even say you will have your lawyer look into the legalities, etc....

 

Call his bluff and see what he says.

 

I smell a SCAM myself.

Edited May 16, 2016 by DawnM

[Guest]

I would make an appt for a mechanic and have both buyer and seller there for the "official" word. If there truly is something wrong, I would offer to maybe split to repair cost.

 

But ugh, what a bad situation.

[TammyS]

I'd probably go ahead and do a refund.  No, you didn't do anything wrong, but I think it's reasonable to expect even a very used car to last more than a week.  If you had kept the car another week, you'd be the one with the dead transmission.  It would be pretty hard for him to kill the transmission just by driving it hard.

 

I'd also do the refund instead of anything other arrangement, because it will protect you in the event that the guy is just trying to get some money back.  If there's nothing wrong with the car, then at least you'll get the car back.

[momacacia]

He bought it, he's stuck with it. Sorry. We always buy used cars and never buy one without having our mechanic look at it (or mechanic of our choosing, as we have purchased from out of state before). We were even looking at a used car from a dealership in town, but they refused to let our mechanic look at it so we didn't buy it.

 

A car with that many miles on it should be looked at carefully before purchase. Barring some statutory protections that the buyer has, this is just one of those lessons of buyer's remorse for him...or worse he's trying to scam you.

[Supertechmom]

Scam.....  We sold a truck and had the guy do the same thing.  Except we know he drove it at full speed to see what it could do on the interstate and screwed it up.   Unless the laws in your area make you do something, i say tuff luck.  He may have driven it poorly and killed it. my bil wrecked a car's engine by going too fast and my  brother destroyed a transmission as well.  i would feel bad but if the car was working fine for you and you sold it in good faith that it would work well for him, then tell the guy sorry.  most likely the kid drove it at full speed to show off and messed it up..  just cause the odometer goes to 120 or so doesn't mean it really can.  or they tried to tow something the car couldn't handle. I also think a transmission problem would pop up in a test drive.  

Edited May 16, 2016 by Supertechmom

[Tammyla]

I would insist on having the car checked by a mechanic, then I would consider offering to have the car fixed at a dealer or mechanic of your choice or take it back and refund his money.   I only say that because it happened so quickly.  

[Tammyla]

If you do pay anything, pay the mechanic or dealer directly.

[Shelly in IL]

Caveat emptor -'buyer beware!

[lauraw4321]

Consult a lawyer. Call the state bar for a referral and negotiate the lawyer's fee up front.

[regentrude]

For those of you who say scam: does not have to be.

A similar thing happened to us: we sold an older used car, and within the first week, the clutch died. The new owner contacted us. We paid for the repair because we felt it was the right thing to do (even though legally we probably would not have been responsible).

[blessedx5]

he's wanting a NEW transmission...which isn't necessary.... I don't want to even begin to bargain with him though because he will assume we are taking responsibility and we are not.

 

[gardenmom5]

This crossed my mind, too. Is there a written estimate on letterhead from a transmission shop or only his word?

 

 

I would make an appt for a mechanic and have both buyer and seller there for the "official" word. If there truly is something wrong, I would offer to maybe split to repair cost.

 

But ugh, what a bad situation.

 

it was running fine when you handed over the keys.  I smell a scam.  I wouldn't trust "his" mechanic - even if there's a letterhead.   unless they are a VERY reputable mechanic who owns the shop (employees could get involved for the kickbacks), they could be part of a scam.  he also could have driven like an idiot.

 

I would ONLY trust my own mechanic.

 

tell him you want it checked out by a mechanic of YOUR choice, and then you can discuss things.  (if it has to be towed - he can pay to tow it.)  if it's real (which I doubt), he'll go for it.  

[Eliz]

Close to 190,000 miles is a lot of miles!  In our state, I'm believe all private used car sales are "as is" unless specified otherwise in our state.  I would be concerned about a scam as others have mentioned.  If you give the person some money or consideration, it might be seen as an admission of responsibility.  I agree about consulting a lawyer before you make any decision.

[Melissa in Australia]

Here to change registration to a new owner you have to have a roadworthy certificate that is given out by a registered mechanic. Used cars are either sold with one, or the new owner has to get one. If the car is sold with one than it has been gone over with a fine tooth comb as there are stiff fines for mechanics giving them out and faults found in the car. If it is sold without one then the buyer is responsible to get the repairs done on the car and get the certificate before they an register the car. Stops the exact situation that op is talking about.

[melmichigan]

he's wanting a NEW transmission...which isn't necessary.... I don't want to even begin to bargain with him though because he will assume we are taking responsibility and we are not.

He wants a new transmission put in by a dealer.    :lol: What did he buy, a land rover?

[fairfarmhand]

He wants a new transmission put in by a dealer.    :lol: What did he buy, a land rover?

 

Who puts a new transmission into a car with that many miles?

 

Ridiculous.

 

I say scammy.

 

We've had several transmissions put in and they start slipping months before they die. We know it's coming.

[gardenmom5]

He wants a new transmission put in by a dealer.    :lol: What did he buy, a land rover?

this browser doesn't like smilies. . . it will delete my entire post.

 

he needed something  for offroading.  wasn't his fault the car didn't want to go there . . . ;p

Edited May 16, 2016 by gardenmom5

[Slache]

It has almost 200,000 miles on it. Of course it died. This is not your fault. This is his responsibility because it's his car. You did nothing wrong.

[ktgrok]

Depends, some states have a lemon law, so I'd check. Otherwise I'd refund him if he returns the car. 

[magnificent_baby]

Heck to the no. Doesn't he watch People's Court??

[Murphy101]

I would not even respond to his messages.

 

Presuming you sold in good faith and the laws in your state are similiar to mine and this is automaticly an "as is" sale - there's nothing left to discuss. When you buy a 7 yr old car with that many miles and no mechanic check - you get what you get.

 

I don't know if it's a scam or not, but it really doesn't matter. You aren't obligated legally or morally to buy him a transmission of any kind or refund him.

 

My only other concern is how did he pay for it? If he paid with a check, I'd be worried the check isn't going to clear. If so, then not only is he not due a refund, he is driving a stolen vehicle he never paid for.

[ChocolateReignRemix]

Depends, some states have a lemon law, so I'd check. Otherwise I'd refund him if he returns the car.

State lemon laws generally do not apply to private party transactions.

[happi duck]

Who puts a new transmission into a car with that many miles?

 

Ridiculous.

 

I say scammy.

 

We've had several transmissions put in and they start slipping months before they die. We know it's coming.

Good point!!

[El...]

Certainly don't refund him without getting the vehicle back. 

[foxbridgeacademy]

I would offer a refund minus the cost to tow it.  I would not pay for any repairs as this sounds like a scam to me.

Edited May 17, 2016 by foxbridgeacademy

[plansrme]

I can't believe all of these responses suggesting that you are responsible for all or any portion of the refund or repair.  It's a used car with 200K miles on it, but even if it were not, caveat emptor.  You sold it in good faith; repairs are 100% the buyer's problem.  I would suspect a scam, though, if it makes you feel better; transmissions don't usually go out overnight; there are warning signs.  Tell him you're sorry that happened, and best of luck with the repairs.  Then block his number if he persists.

[blessedx5]

he has since texted my husband again and is searching for a remanufactured transmission..... says he wants things resolved tonight.... 

[Murphy101]

he has since texted my husband again and is searching for a remanufactured transmission..... says he wants things resolved tonight....

I wouldn't respond. It was resolved when he drove away with it. Did his check clear, if that's how he paid?

[blessedx5]

He paid in cash so no problems there... 

 

[Murphy101]

Alrighty then. Done deal. No need to respond. Block his number if necessary.

[plansrme]

State lemon laws generally do not apply to private party transactions.

 

Or to used cars.

[Haiku]

I'm really surprised by how many people think the OP should wash her hands of this.

 

You wouldn't feel bad if someone gave you a lot of money for a car and it died two days later? You'd really say, "Sucks to be you"?

 

I don't think that's very kind. I don't think it's right.

 

Of course, make sure the problem is legit. But to just say, "Oh, well, you bought the car. Too bad," would not sit right with me. That's someone's hard-earned money.

 

How does the buyer know the car was sold in good faith? Maybe the buyer thinks the car was sold to make a quick buck before it died.

[plansrme]

I'm really surprised by how many people think the OP should wash her hands of this.

 

You wouldn't feel bad if someone gave you a lot of money for a car and it died two days later? You'd really say, "Sucks to be you"?

 

I don't think that's very kind. I don't think it's right.

 

Of course, make sure the problem is legit. But to just say, "Oh, well, you bought the car. Too bad," would not sit right with me. That's someone's hard-earned money.

 

How does the buyer know the car was sold in good faith? Maybe the buyer thinks the car was sold to make a quick buck before it died.

 

Nope, I would not feel bad if someone bought a car from me that died in the street in front of my house.  Kindness is irrelevant; this is a business transaction.  The risk of an expensive repair is built into the cost of the car--it's why the older car is cheaper than a newer one, why the car with more miles is cheaper than the one with fewer miles.  Yes, it is the buyer's hard-earned money, but it is also the seller's hard-earned money.   Is she less deserving of the proceeds than the buyer?  Do we just give the money to the poorer person?  If you can't afford to repair an older car, buy one with a warranty.

[Amy in NH]

I'm really surprised by how many people think the OP should wash her hands of this.

 

You wouldn't feel bad if someone gave you a lot of money for a car and it died two days later? You'd really say, "Sucks to be you"?

 

I don't think that's very kind. I don't think it's right.

 

Of course, make sure the problem is legit. But to just say, "Oh, well, you bought the car. Too bad," would not sit right with me. That's someone's hard-earned money.

 

How does the buyer know the car was sold in good faith? Maybe the buyer thinks the car was sold to make a quick buck before it died.

 

The buyer should have had a reputable mechanic check over the car before he purchased it. 

[Haiku]

The buyer should have had a reputable mechanic check over the car before he purchased it. 

 

I agree, and I stated that in my first post.

 

If I sold someone a car that immediately stopped working, I would do something about it. Kindness is not irrelevant just because money is involved. 

[Murphy101]

I'm really surprised by how many people think the OP should wash her hands of this.

 

You wouldn't feel bad if someone gave you a lot of money for a car and it died two days later? You'd really say, "Sucks to be you"?

 

I don't think that's very kind. I don't think it's right.

 

Of course, make sure the problem is legit. But to just say, "Oh, well, you bought the car. Too bad," would not sit right with me. That's someone's hard-earned money.

 

How does the buyer know the car was sold in good faith? Maybe the buyer thinks the car was sold to make a quick buck before it died.

At this point, it's the seller's hard earned money. If they wanted to worry about paying for repairs for it, they wouldn't have sold it.

If the buyer was concerned it wasn't being sold in good faith, he should have had a mechanic to look at it. It'd cost less than $100 and worth the peace of mind. You buy a car that old, you know it's going to be due for expensive repairs at any time. That's the gamble of buying something old, it's going to need more care than something bought new or just a lot newer.

 

I wouldn't feel even slightly bad about it.

 

Also, this all presumes the buyer is the only guy who doesn't have a lot of money. I see no reason to presume the seller can afford to deal with a car they already sold. In my house, the money from the sale would have already gone to the purchase of another vehicle or other needs. So whether I wanted to help him or not, I wouldn't have the money anyways.

Edited May 17, 2016 by Murphy101

[Murphy101]

I agree, and I stated that in my first post.

 

If I sold someone a car that immediately stopped working, I would do something about it. Kindness is not irrelevant just because money is involved.

If someone wants to just give money away or let themselves be scammed - that's certainly their charitable option.

 

But the implication that they are unkind if they don't want to give money away or let themselves be scammed is not very kind either.

 

The item was sold in good faith. The seller isn't responsible for what happens afterwards.

[TammyS]

Here to change registration to a new owner you have to have a roadworthy certificate that is given out by a registered mechanic. Used cars are either sold with one, or the new owner has to get one. If the car is sold with one than it has been gone over with a fine tooth comb as there are stiff fines for mechanics giving them out and faults found in the car. If it is sold without one then the buyer is responsible to get the repairs done on the car and get the certificate before they an register the car. Stops the exact situation that op is talking about.

 

Most states in the US have a safety inspection (to varying degrees of stringency) but that is to make sure you don't kill people, not to make sure it's a good car.

[Mergath]

I agree, and I stated that in my first post.

 

If I sold someone a car that immediately stopped working, I would do something about it. Kindness is not irrelevant just because money is involved. 

 

:iagree:  Even if I had already spent the money on a new car and there was nothing I could do, I would at least have the decency to feel completely terrible about it. I can only imagine if I bought a used car and the transmission died right away. If that happened to us, my dh would lose his job for lack of transportation and we'd end up homeless.

 

Plus, to be more practical about it, assuming this whole thing is legit and not a scam, I wouldn't want someone local to me who probably knows where I live (or could find out easily enough) to think I screwed him out of thousands of dollars.

[Carol in Cal.]

It is really hard for me to imagine that you would not have known if the transmission was failing.  That is something noticeable, I think.  Something is 'off' with the buyer.  Either he wrecked it, or the transmission isn't really broken.  I hate to be so suspicious, but this really sounds like a scam.