so a few month ago i sold my car, a 1998 neon. i sold it for 750canadian to a guy and told him that the car has been sitting for about 4 months but shouldnt need anything major to safty as i had it safted less than a year ago, probably just some brakes and a ball joint or two. I didnt write sold as is on the bill of sale i dont think, i mean i dont even know if i gave him anything other than the vehicle package with my signature on it as a bill of sale. but it was clearly understood the car was sold as is and he even had the garage lined up to do the safty. i also told him im not sure how good the tranny is(atx) it was slipping a bit before i took it off the road. it told him it should last a while, but i cant be sure. so he picked up the car got the e-test and went to get the safty. well the safty ended up being 700$, and when the mechanic took it for a test drive the tranny went. and he refused to pay the bill, and wouldnt let the mechanic put in a new tranny because it was 900$. so he wouldnt pay the safty or return the mechanics calls and after about 90 days the mechanic said the car is his property after 90 days of unpaid bills and he was going to sell it to make the safty money back. so the guy came and picked up the car and moved it a few blocks away and thats where it sits today. the guy that bought the car drove it from my dads to his house with a temp permet which is about a 40 minute drive and he said the stearing was loose but other than that it was good. so now after 4 months of owning the car he is trying to get me to pay for the transmission and labour to put it in which i think is rediclious because the car was as is and i told him i dont know how long it will last. i even told him i didnt want to sell him the car because if something big goes wrong i dont want it to break up our friendship. so basically, from what youve heard should i should be the one to pay for it?

Originally posted by Hedge
so a few month ago i sold my car, a 1998 neon. i sold it for 750canadian to a guy and told him that the car has been sitting for about 4 months but shouldnt need anything major to safty as i had it safted less than a year ago, probably just some brakes and a ball joint or two. I didnt write sold as is on the bill of sale i dont think, i mean i dont even know if i gave him anything other than the vehicle package with my signature on it as a bill of sale. but it was clearly understood the car was sold as is and he even had the garage lined up to do the safty. i also told him im not sure how good the tranny is(atx) it was slipping a bit before i took it off the road. it told him it should last a while, but i cant be sure. so he picked up the car got the e-test and went to get the safty. well the safty ended up being 700$, and when the mechanic took it for a test drive the tranny went. and he refused to pay the bill, and wouldnt let the mechanic put in a new tranny because it was 900$. so he wouldnt pay the safty or return the mechanics calls and after about 90 days the mechanic said the car is his property after 90 days of unpaid bills and he was going to sell it to make the safty money back. so the guy came and picked up the car and moved it a few blocks away and thats where it sits today. the guy that bought the car drove it from my dads to his house with a temp permet which is about a 40 minute drive and he said the stearing was loose but other than that it was good. so now after 4 months of owning the car he is trying to get me to pay for the transmission and labour to put it in which i think is rediclious because the car was as is and i told him i dont know how long it will last. i even told him i didnt want to sell him the car because if something big goes wrong i dont want it to break up our friendship. so basically, from what youve heard should i should be the one to pay for it?

Did you write as is on the bill of sale? and what does safted mean?

safteed is, i dont know what it is in the states but basically if you sell it safteed you dont need to bring the car to a mechanic before you put it on the road. you get a piece of paper that sais the car has been safteed and bring that to the dmv when they give you the plates. and to be honest i dont remember writing as is on the bill of sale, i think i just gave him the used car backage saying how much taxes you have to pay and that the car doesnt have a lean or anything on it. on the back of the sheet there was a sheet you could use as a bill of sale, and all i did was sign my name.

Your in Canadia? So I have no idea how the legal system up there works. Sorry, but in my own opinion I think it's common knowledge that unless you specifically write out a warranty that a sale is "as is" and no action can be taken if you were aware or warned of any potential problems. There might be quite different laws up there, so I'm only speaking out of a logical standpoint. I think the guy doesn't want to get shafted out of a car that he can't drive and he's hoping he can stick you with the bill. Hopefully a judge or whatever you guys do up there, sees it the same way.

thats what im thinking , it also my dad was a cop for 35 years until he retired last may, so he knows just about every judge in ottawa.

I think your referring to a SAFTY inspection SAFTEED is not a word and not easy for us to understand what your talking about

Tell him to fuck himself...friend or not.

Terry

Originally posted by Star Turbo Talon
I think your referring to a SAFTY inspection SAFTEED is not a word and not easy for us to understand what your talking about Tell him to fuck himself...friend or not. Terry

Lol. SAFTY? or SAFETY?

I dunno about Canada, but in the states, as a private seller unless you declare one on the bill of sale there is never any warranty expressed or implied on a used vehicle.

The transmission shop is probably fucking him over.

I don't think I've been to an honest transmission shop yet. They will look at a car from 30 feet away and tell you the transmission is shot and needs a replacement. All for a fee of $3k bucks.

But I don't think he can legally make you pay for it.

Originally posted by Fallen4ng31
I dunno about Canada, but in the states, as a private seller unless you declare one on the bill of sale there is never any warranty expressed or implied on a used vehicle.

oh snap, we have a winner. Under our Uniformed Commercial Code Law and Federal Trade Commissions, a reseller selling a vehicle that is over 7 years old need not apply any warranty and product is considered as is. Only time a seller is held accountable is if they offered on paper a warranty. However, if the seller does not disclose known defects and "lied", it's considered fraud. At the same time if the buyer doesn't recognize the obvious defects, then more weight is put on buyer.

Originally posted by Hedge
shouldnt need anything major to safty
it told him it should last a while

This is an implied warranty. He has a case, but its very weak. Tell him to go fuck himself and go get yourself some English lessons instead.

Unless he recorded your conversation or you implied a warranty to him on paper, then he can't do anything. You have to have a presentable argument in a court of law. One persons word of mouth to anothers is of no interest to the judge. He will go home empty handed.

alright that all sounds good, and sorry for the bad english, i grew up in a french town.

Originally posted by dsmtuner1
One persons word of mouth to anothers is of no interest to the judge.

An oral contract is an expressed form of contract and is just as valid as a written one. (See 1984 case Pennzoil vs. Texaco)

In US contract law, as long as the deal involves real property (his car), an offer, consideration (money changed hands), and acceptance of that verbal offer (signature), this constitutes a legally binding contract.

Like I said, he has a case but it is weak unless he has really good proof, like any 3rd party witnesses to the contract.

IMO...



Atleast you'll get some air time? :shrug

If I remember correctly, as stated before (in the US, anyway) if it is written on the bill of sale "car is being sold 'as is' " then you accept any problems it has.

I always write (just in case) "vehicle is sold 'as is' with no warranty expressed or implied" so they can't make a false case like "oh, but you said that would work or was fixed."

Originally posted by noboost

Originally posted by Hedge shouldnt need anything major to safty it told him it should last a while

This is an implied warranty. He has a case, but its very weak. Tell him to go fuck himself and go get yourself some English lessons instead.

The buyer has to prove that he bought that car based off that statement alone. Burden of proof is on the buyer. Weak case like everyone else has said.