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DriftStar.com KingPin
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Discussion Starter · #1 ·
Hi Gang, (Jeff, I hope your legal skills will come in handy....)

I need some advice regarding the sale of a car in Ontario.

I'm writing cause I want some opinions and advice...and to protect my good name.

First of all... I'm an honest person, so it angers me when people accuse me of hustling them. I've done my deeds as a salesperson before, and I got out of it, cause it was oftentimes a dishonest job.

Anyway, I sold a car to someone...I never registered the car because I never drove it. I ended up buying a different car instead and parked this one since winter. Hence my name doesn't appear on the ownership. I think it'd be more efficient not to go thru the proccess and sold the car to the next buyer directly. I supplied the ownership slip with a new backside sticker, used vehicle information package and emissions slip.

The car is an older car and it needed some repairs. I sold it to a buyer AS-IS, and even let him know that some repairs had to be made in order for it to be Safety Certified. I didn't have time to deal with the repairs, so I just sold the car as is for less than what I was originally asking. I thought I was doing this guy a favour. In fact he was pushing me to sell the car ASAP. I wanted to do the repairs first, but I ended up selling the car for much less than I was asking for. He was intent on driving the car the following day, and I let him deal with it.

After the agreement, he comes back to me saying that the emissions slip is invalid. I go back to emissions company and have them fix the mistakes, because the vin number was wrong...

Now, I have come back and forth across the city a number of times to negotiate and deliver the car, now i had to give him his emisisons slip.

Problem should have been fixed, but for some reason, it's still invalid, and the car cannot be registered to the new registrant. I'm not sure what's wrong here and I still offer to help out however I can.

I already ended up selling the car for almost half what I was asking because I'm a very busy person that was already getting in trouble for missing work when I had to do running around for this buyer. So I didn't ask for much and sold the car at a loss....AS IS. What's my obligation here? I think I have already overextended my obligation, as the car was sold as-is, right?

I am now getting emails from this person regarding the car having numerous problems. I brought this car in to the mechanic before and even got brake and fuel lines repaired before delivery! And I even got another mechanic to check it out before delivery, and he agreed that a part had to be fixed. I bought the parts and included it with the sale of the vehicle. So I find it hard to believe in a matter of a couple of weeks that so many things should go so bad!

Now, Why should there be so many problems? I haven't gotten a full tally of what's wrong, but the last time I had the car it was running decent... abiet it is an old 80's car, so it should still have it's Characteristics...but nothing that should prohibit this car from being regisitered....I even told him that the car sometimes stumbles when it is cold. I think sometimes mechanics tend to give you bad advice sometimes and tell you the worst... afterall, they do run a business right?

Anyway, I don't understand what's up cause the buyer is now telling me that things such as headlights should be replaced (keep in mind, I already replaced the headlights!). I feel like my "nice guy" attitude is getting the best of me sometimes.

I'm tired of dealing with this and as much as I'd like to be a nice guy and help, I can only do so much. It's rare that sellers feel like they're being abused and in this case I feel like I'm getting a big headache because of this. I'm a busy, repsonsible adult with things to do, so if any of you have some good advice, I'd like to know.

I have been threatened by this person that he will take me to court. I never had to go to court for small claims, and I don't think I have to in this case. I refuse to accept that we can't resolve this matter in a reasonable fashion. I don't want to go to court, but if I have to, I'll do it to protect my name. I know my rights and I refuse to be taken for a ride.... sellers have rights too!

I'm inviting the user to check this forum as well, so he can voice his opinion. Rather than letting this go to court, which would be unreasonable, and a waste of my time as well as his, I'd like to know who is right and what our rights are without the bull....

Thanks,

Jover Papag
[email protected]
 

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Whine Connoisseur
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6,573 Posts
driiift_hachiroku said:
So I didn't ask for much and sold the car at a loss....AS IS.
Was this clear to the buyer? If yes, I don't think you have any obligation. End of story.

Good luck and hopefully you get this cleared up with minimal BS.
 

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DriftStar.com KingPin
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514 Posts
Discussion Starter · #3 ·
Phi, thanks for posting that, and yes, we agreed when we shook hands on the deal. I clearly stated that the car was being sold "AS IS" because a part had to be fixed before it could be certified. To my knowledge at that time, that was the only thing that had to be fixed. I know this car and I wouldn't have bought a junk pile...so I know that it is in a reliable condition. The buyer even said when I was taking him for a test drive that it far exceeded his expectations!
 

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Mr. A. Wong
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634 Posts
the thing is, unless it is in writing "car is sold AS IS" and that "the car needs furthur maintenance to pass tests" he can lie in court and it'll become your word versus his. That's where it gets messy. With deals, you always want it exact in writing to be safe.

good luck
 

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you sold a car you technically didn't own - right?

did you write a bill of sale or anything with your name on it?

it sounds like the buyer is just seeing how far he can push you, and unless he can prove that you had prior knowledge of a deficiency, and intentionally hid that knowledge, you shouldn't have any problem not only getting his case dismissed, but getting a judgement for yourself on counter suit. (don't get fancy if you try this, just go for lost wages and court fees)

any used car is going to need maintinance, and the law does not protect a moron from himself - the buyer should expect to find wear and tear on something used.

Good luck, and if everything is as you say, I would call his bluff - tell him it was sold as-is and is no longer your problem.

Crap - I just looked up and saw your location, not sure what the laws in canada are - that advise was for the US, sorry :(
 

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Know God. Work Hard.
4Runner
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2,194 Posts
^Absolutely Agree.

hes just pushing you to see how much he can get out of you. You have already helped him enough. Hes taking advantage of you.
 

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in ontario, it really is a case of buyer beware when purchasing a car from an independant owner. he has no case against you. that said, perhaps in the future it would be wise to provide a written sales receipt that states the vehicle is sold as is, just to ensure there is no misunderstanding.
 

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If you didnt have it in writing, that might be a problem. However, let him take you to court. Any sane judge, even in Canada, will see a 1980s car as proof. YOu can argue that this is an older car, and that a resonable person would expect to have to spend additional money on it.

If he sues you, file a counter-claim for your lost time and energy on all the energy emissions stuff. Chances are, when you file a counter claim, he will drop his claim if hes messing around trying to squeeze a couple a hundred dollars off you. Good luck with that!
 

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Hey Jover, I haven't been on the board very much. My apologies for not spotting this earlier.

I believe you've gone above and beyond your duty in assisting him. Purchasing a car "AS IS", "AS SEEN", "AS DRIVEN" means buyer beware. Moreover, it is nearly a 20 year old car. No reasonable person could expect the parts to the in the conditino of a new car.

As for Small Claims Court, it is not an intimidating process at all. A lot of litigants actually unrepresented. But if push comes to shove, I got your back. Hit me up if you have any more questions.
 
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