Used Car Buyer Sues Individual Seller and Wins

It happened in Canada but it could happen here.

[RatKindler]

I saw a People's Court episode where a teenager sued a guy over misrepresenting the state of a car that ended up needing an expensive repair. The teen went to the same shop the guy did and got the car's repair history and found that the guy was notified of the problem by the shop in the past. He won the case and the judge was impressed with his initiative since these kind of "as is" sale cases don't usually win.

[JeremyHolovacs]

This is why whenever I'm selling something, I make sure to explicitly call out everything I think is wrong with it. Hurts the bottom line of what I can get for it, but no judge is going to entertain that a buyer didn't know exactly what they were getting into.

[simonmaguire]

If he did not give her the paperwork she asked for why did she buy it?

[corey]

Whenever I sell a vehicle (maybe once or twice a year) I always fill out a bill of sale. I include the words "vehicle sold as is, where is. No warranty expressed or implied". My dad was a state trooper long ago, and that was his direct instruction to me. He dealt with car and truck dealers daily at work.

I also always give a very detailed description of what does and does not work on the vehicle, and whatever I know about it, good and bad. Not worth the hassle to lie to a buyer. I stopped the sale of a first gen 4runner a couple of years ago after I went for a test drive after I installed new summer tires and cruised up into the mountains. The clutch started to slip, which I did not notice over the winter as I was driving much more gently. When I got home that night I called the kid that wanted it for his fist car, and told him I would not sell it to him in that condition. The kid was really bummed, but his uncle was happy that I refused the sale. I ended up selling it to another guy that could fix it himself, as I really didn't feel like dealing with it at that time.

[skittlemenow]

Always always always get a mechanic you trust to inspect a car before buying. It will save you so much money in the long run. Personally When I sell my used cars I usually disclose any relevant issues up front. I'd rather make an honest couple bucks and never have to deal with a law suit or more likely a bunch of angry phone calls and some yelling than make a little more money dishonestly.

[CrankyBeach]

Long ago my then-husband and I bought a used Honda Accord from an individual. The car had apparent low mileage appropriate for its age... but if I recall correctly, the odometer only had 5 digits (not including the 1/10 mile digit). After we had had the car for a couple of years, the engine needed to be rebuilt. The mechanic who did the job told us that once he got the engine apart, it showed clear evidence of having been rebuilt before. That was when we realized that the apparent low mileage figure should have had an extra "1" on the front, i.e. the car had 150k miles instead of the 50k that the digit-deficient odometer showed. Somewhere along the line we found out that the seller had been a traveling salesman, which certainly explained how a car that age could easily have had well over 100k miles on it.

[lat]

I have a simple trick I use when buying a used car. It's not fool proof, but it is helpful. When I contact the seller on the phone, I mention that I will be bringing my brother, a mechanic, to give a test drive and inspection of the car. I listen for the reaction of the seller. If it's a simple, "Sure, no problem". There's a good chance the cars ok. If the seller starts putting up reasons that there is no reason to bring a mechanic or he doesn't have the time to have it checked, that's a big red flag to me. For the record, I don't have a brother who is a mechanic.

[JasonW.]

$4500 would be an engine swap type repair. There must have been a huge tell under the car if it needed that much work.
As far as previously swapped engine, an inspection pre purchase should have included that too.

[crabbypapa]

Dealership costs more than mechanic shops. They also tend to want to replace All gaskets when only valve cover gaskets may need to be replaced. I would have needed to see Exactly everything that was replaced before siding with the buyer. If the buyer had gotten written estimates from different shops, gone to the seller and requested restitution and Then gone to court, I would still sided with the seller if an oil leak was the only problem.

[DocTommy]

It always makes me smile when Steve can combine two of his passions, law and cars

[tokar]

Your pronunciation of Okanagan is spot on. The Okanagan is an area as compared to a municipality, and is known for its scenery, recreational activities, wineries, and so much more. The Okanagan Valley is comprised of four larger municipalities being that of Kelowna, West Kelowna, Penticton, and Vernon, along with many other smaller villages and towns. Generally the Valley is located about a 4 hour drive, Northeast of Vancouver BC, Canada, with friendly people (we are Canadian after all) ready to welcome you. For anyone wishing to enjoy a vacation around here, I would suggest a couple days in Victoria, our provincial capital, followed by a week up in the Okanagan Valley doing a wine tour plus. Then back down to Vancouver to catch a cruise up to Alaska. The reverse is also an option. Arrive in Alaska, cruise to Vancouver, take a bus to the Valley to enjoy the scenery, tour the wineries, then back to Vancouver to take a ferry to Victoria and while in Victoria tour our legislative buildings followed by High Tea at the Empress Hotel. I would also suggest having dinner at The Salmon House on the Hill in West Vancouver, timing your arrival to have your first cocktails as you view the city of Vancouver during daylight. As you then savour your meal, the sun is setting, and as you then are endulging in a little dessert and aperitif, you will then see the view provided by the lights of the night. Feel free to contact me for more information. Sorry this is so long, but it is something to be proud of.

[dennisberman]

Ben - Pretty obvious. Above US Coast Guard, Steve's right.

[fuckjoebiden]

If someone says "there's no such thing as meaningless oil leak", that someone has never owned a Harley.

[AndrewFremantle]

Your pronunciation of Okanagan is spot on! 👍

[randalthor]

You pronounced Okanagan right, but it's not actually a town, it's a region. It's especially known for wineries and orchards.

[c-v-n]

That's why you take the car to a mechanic to check it over before you buy it. Normally if you need parts cheap then store, you go to a reclaiming yard where they have these parts we don't call them junk yards anymore.

[davemckee]

The buyer should get a mechanic to check out the used car they want to buy first, before the purchase, if they don't know what they are looking at.

[mph]

So what did the pre purchase inspection show😂

[donaldjefcoat]

Whenever I sell a vehicle I am diligent in disclosing issues I know about. I also make a statement to the effect "Your buying a XX year old vehicle there may be other issues I am not aware of yet. I know the last time I put the key in the ignition it started (or didnt start if the case permits) how many more times it starts is a gamble".

Some one once asked me if a van I was selling died would I refund them. "I will give you a refund until the transfer paper is signed then the problems belong to you".

I had a van once that the CV joint was done. I told the buyer the CV joint was done. He coughed up the money, I signed the paper work. He went to leave the driveway and the CV blew apart. He wanted me to pay to tow the vehicle and have the CV replaced. I responded with "I am a nice guy so here is what I will do, I will help push the van to the side of the road so its not blocking my drive to the bank to deposit your money into my account".

[Bobs-Wrigles]

Ben trying to get on the Unicycle by using US Coast Guard as a step up, Steve's RHS