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Thread: Ok help settle something.

  1. #1
    Senior Member
    Join Date:  Dec 2018

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    Ok help settle something.

    OK, small problem with the sale of my Delorean. The buyer from Minn. seems like an up and up good guy, just putting that out there. I try being as fair as I possibly can be.

    The back story:

    A couple of days prior to the buyer flying to NJ I take a last drive in my car, everything is fine as ever but when I bring her back and hook her up to the battery tender I notice it reads bad battery... What a PIA. SO I call my mech (I was just real short on time) and I drop the car off the next day and he replaces the battery with a new one. I feel better that I did the right thing, knowing it will start for the buyer every time on his drive back to Minn.

    FF a couple of days and on the morning of the sale I start the car and do a systems check, everything is good EXCEPT the drivers window for some reason won't go down, seemed like there was no power to it. I figured it blew a fuse when getting the battery changed out, but with no time to investigate properly I cover the car and drive off to pick up the buyer from the airport.

    Once we get acquainted I inform the buyer that something happened to the drivers window, my solution was to give the buyer $200 cash, towards the repair, if the cost was greater send me a proper bill and I'd send him a check for the remainder, if it was less, he could send me a partial refund. I offered that if he had another idea I'd listen. He agreed with my $200 solution and we continued with the test drive and inspection.

    Everything else about the car checked out and the sale went through. I gave the buyer $200 cash and they drove off.

    I got a text message from the buyer during the trip home saying he thought the car was leaking oil as he smelled something. I simply advised him to park for a lunch break and inspect the car after lunch. He did and there was no sign of an oil leak but it seemed that a hose on the left side of the engine bay was leaking some fluid. I advised him to call DMC to find out what the hose was for or at least stop at a shop along the route to make sure it was safe to continue riding. He checked the oil level and said it was steady and didn't need to add any oil.

    I got a text saying he made it home safe without further incident.

    Today a week later he sends me a text (The rest is paraphrased) saying he found a leak in the rear engine seal and that he was going to repurpose the $200 towards fixing the seal.

    I said, Do what you want but that wasn't our deal, you bought the car as is, I advised you to ship the car home but you wanted to drive it. Now you want to use the money allocated for a window fix towards an engine oil fix. That's fine I can't bargain with you at this point, you have my money, but now now the deal of over and I consider the matter closed.

    He seems upset that I'm not happy and is willing to go back to the original deal, now I don't know if I can trust him, he could make up a padded bill for the window, new motor, new wiring, who knows.

    My point is you don't get to repurpose the money for one thing to another then still expect me to pay for the original item.

    (for the record, the engine was clean, my driveway was clean (actually dirty but no sign of any leaks), he had ample opportunity to inspect thee car, I had ramps there if he wanted to raise the car up.

    So what do you all say, do I now let him go back to the original deal and take my chances, do I now insist he keeps the $200 and apply it towards anything he wants (I figured I would not get anything back to start with) or some other meeting of the minds?

    I hate little BS like this.

  2. #2
    Senior Member 82DMC12's Avatar
    Join Date:  May 2011

    Location:  Olathe, KS

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    Every time I have sold a car to a private party, I typed up a bill of sale that we both sign and get copies of which states that the car is sold as-is. I hope you did the same? It's a 40-year-old used car. Buyer needs to understand "buyer beware". He could have paid for a 3rd party inspection if he wanted any assurance over and above what you have done. Anything you offer him is only due to your own conscience if you feel badly about it or feel you may have unintentionally misrepresented it. I don't think you have a duty to repair every single little thing he finds for the next few weeks.
    Andy Lien

    VIN 11596 Jan 1982 build - owned since Nov. 2000!
    Total frame-off restoration completed 2021-2023

    Photography and Backpacking is life.

    Was Fargo, ND
    Now Kansas City

  3. #3
    Motors about after dark Michael's Avatar
    Join Date:  May 2011

    Posts:    4,778

    My VIN:    Banged your VIN'S mom

    Customers/buyers/people in general often mistake honesty and kindness for weakness and will try to take everything they can. Working around car dealerships, I see it all the time(just saw it last week, dude ran his car through a wash and wanted the dealer to pay for the scratches).

    You got his money, deal is complete, you are clear.

    Oh and if I remember right, you sold that car about 10 grand too cheap anyway so he should not say one damn thing about a little quirk here and there.
    Last edited by Michael; 04-17-2021 at 05:45 PM.
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  4. #4
    Member MacStainless's Avatar
    Join Date:  May 2014

    Location:  Long Island, NY

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    Car is sold. He’s past the point of no return. As-is is as-is. He can use the $200 to buy lottery tickets for all you should care. It was a last minute consolation to close the deal. The car is his along with anything that cropped up the moment the title was signed over. Done and done.

    Don’t let him take advantage of you and anything that comes up, refer him here or to contact a vendor. The car isn’t yours anymore, nor any issues that come up.

  5. #5
    Senior Member
    Join Date:  Dec 2018

    Posts:    129

    Quote Originally Posted by 82DMC12 View Post
    Every time I have sold a car to a private party, I typed up a bill of sale that we both sign and get copies of which states that the car is sold as-is. I hope you did the same? It's a 40-year-old used car. Buyer needs to understand "buyer beware". He could have paid for a 3rd party inspection if he wanted any assurance over and above what you have done. Anything you offer him is only due to your own conscience if you feel badly about it or feel you may have unintentionally misrepresented it. I don't think you have a duty to repair every single little thing he finds for the next few weeks.
    Absolutely did, even included the buyer had opportunity to inspect and test drive the car.

    We both have a signed copy. Him repurposing the money forward for a window issue to a leak he claims is not going to happen, just wanted to make sure I am correct in this.

    I felt I was very fair in this deal and am not up to someone (who came/comes across as a very nice man) taking advantage. He did say he'd gladly go back to the original agreement but now how can I trust him in that? Maybe he's incredibly naïve, or just very presumptuous or not even realizing he's putting the screws to me, but I'm not paying for an oil leak he claims after the sale.

    Thanks to those that responded thus far, he's going to call me tomorrow to talk it over, he says he now feels bad.

  6. #6
    Senior Member
    Join Date:  Dec 2018

    Posts:    1,250

    I would say you are more than honest. The deal is done. The deal was done before he drove the car hondreds of miles.

    In the future, if you want to allow for a problem, pick a fixed amount. None of this "send me a bill" stuff.

  7. #7
    Senior Member
    Join Date:  Jun 2016

    Location:  Austin MN

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    The only reason you would have to pay for a oil leak is if the engine had a total rebuild and there was a warranty on the work. If I bought the car and took it on a long trip after buying it and it started leaking yup I would be bummed but I would not be surprised.
    I know you really want to be the nice guy but you have to know when to put your foot down. If he calls with more problems tell him it's a done deal.

    My 2 cents
    Dave B.

  8. #8
    Senior Member
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    Location:  Northern NJ

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    I agree generally with all of the comments. When a buyer buys a used car from a private party there is no warranty or guarantee. The $200 you gave him as a discount can be used any way he wants or even not at all (he doesn't have to fix the window). The oil leak happened after he bought the car so that is on him along with anything else that WILL happen to a 30 + year old used car. From the facts you presented you were more than fair in describing the condition of the car. Once you sign the Title and money changes hands whatever happens to the car is no longer your problem. While it is unfortunate that something went bad so soon after the sale, it is a fact of life that things happen, even with brand new cars. If he blew out a tire or a bulb burnt out same deal. When I sell a car the Bill of Sale says "As is, where is". What you see is what you get. The only things I can stand behind is that I own the car and am selling it with a "clean" Title and the mileage is what is indicated on the Title and odometer. Dealers are held to a higher standard, not private sellers.
    David Teitelbaum

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