Would the court require someone to return money from an AS IS car sale?
I had two identical 2010 Ford Mustang GT cars for sale. One of the cars was a nice garage kept model and the other one was a flood car with a rebuilt title that I had purchased just for parts. I sold the flood car to this woman who inspected it prior to buying. She had the vehicle towed to her house the next day because she didn't have tags, and the battery was dead. A few days later she call and said that she she didn't know it was a rebuilt title. She also was complaining that parts were missing and there was some mildew on the carpet. I stop answering the phone for her and a few weeks later she showed up at my house and saw the other mustang. She immediately accused me of showing her one car and selling her another one. She called me names and made nasty comments about my weight before calling the police. The police took my side and said it was a civil matter and she needed to hire an attorney. Now almost a month later this lawyer called me and said that I've committed fraud and is threatening legal action if I don't give her a refund. This was an as is sale so how can she demand a refund? Is it time to hire a lawyer?
Did you disclose to her that the car was in a flood and that it had a salvage title? If you did not, you are guilty of fraud, even if it was an 'as is' sale. As is means as the buyer sees it AND as the seller discloses facts they know that can't be seen. You knew the car was in a flood and that it could not be put on the road until the title was restored, and if you sold it to her without disclosing those facts, you are going to find yourself on the losing side.
Did you make up a Bill of Sale explicitly mentioning that it was a flood and salvage vehicle?
If you did not, you can be found guilty of misrepresenting the vehicle and you can indeed be forced to take the car back and refund the money.
Yes, dumbass, in this case they can force you to buy the car back. The law says that a seller must inform a buyer if a vehicle has been flooded and has a salvage title. If you have no proof that you informed the buyer of it, then you're going to have to buy the vehicle back. If you simply stated in your ad (or verbally) that the car was being sold "as is" but didn't specifically point out the salvage status of the title or that it had previously been flooded, then you essentially committed fraud. A conscientious seller would have put that information on a written bill of sale. So don't stall, give the money back As soon as possible along with her towing expenses. Otherwise, if she sues you, it's going to cost you a lot more out of pocket than that.
EPIC FAIL
Disclosure of prior salvage is required. So yes, you would probably lose in court.
I was a dealer for a dozen years. I bought all my cars as is. But, disclosure of a prior salvage is required and I have returned cars for a refund over it. Auctions know this.
No need to hire a lawyer. Just give her money back and take the car back.
Also, the cop did not side with you. He just correctly identified a civil matter.
The judge would rule against you and you would have to pay court costs and maybe her attorney fees.
Refunding her before it gets to court is your best way to resolve this.
Lawyers will speak with you for free for the first meeting to advise you. Call one.
You know for yourself if you committed fraud here. There's your answer.
If you have a Bill of Sale with As Is written on it she's an owner and can't do **** as long as the VIN number is on it, and matches the VIN on the car…
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