So I sold my 89 240sx on saterday for 1,150 to some kid

its now tuesday, and he calls and tells me his dad doesnt like the car and he needs his money back and needs to give it back.

and he threatned me that if not hes gona get a lawyer !!!!


1. ) i already spent the money

2. ) he prollt beat the crap out the car for 2 days and broke something and now wants to give it back?



= can he realy try to take me to court ???????????

I wouldnt even think it would be worth it for 1,150 $????


i dnno if this is th best place to post, but im not sure what to do.

please give me any advice you can bros

 

Two words, ignore him!

If you recceived $ and signed over title to him it's a done deal.

 

It depends on how old he is. If he's a minor (could be 15 or 16 or 18..., depends on the state), he can legally disaffirm the contract and you have to take the car back as it is and give him all the money back. I don't know the laws are in your state but that's how it is in a lot of states. For sure he can dissafirm it, but if it's damaged, some states say you can deduct that from what you give back to him (I believe). Since a car is not a "necessary," though, (like food or shelter), he can dissafirm the contract. You should have had his dad involved and sign with him if he's a minor. I'm in law school right now, btw.

You might want to contact a lawyer if he actually goes through with it, it may be better to settle out of court than go through court and pay all the fees just to lose. Good luck!

 

who owns the title now? sounds like the kid is a 15 year old growing pubes. and what the hell is that? you cant "Return" a car. wtf? ignore him and if he calls again, threaten him, why do you let him hold the upper hand?

tell him you will sue him for harrasment

 

yeah, unless he is/was a minor AND he signed the title you should tell him to take a flying leap. if unfortunately for you a minor signed the title, then he could get his money back possibly.

 

in massachusetts you have 30 days to get your money back from someone you bought the used car from. So unless he is saying something is wrong with it, making it a lemon or whatever, he can get a refund from you. I don't know the law in Connecticut but it might be the same. I would call him and ask him what's wrong with the car.

 

see you should have wrote your own bill of sale saying the sale is final and he is buying the car "as-is". I have always done that to save my ***

 

That's what the seller did when I bought my Maxima.

 

It doesn't matter that the sale is as-is, this is implied in caveat emptor (let the buyer beware) in most states. It doesn't matter if there's something wrong with the car either because if he's a minor, he can disaffirm the contract. And yes, it can be worth it to him because he could take you to small claims court and that can cost less than $100.

 

But you wouldn't have a lawyer in that scenario correct?

 

Yeah, but he's just BS ing about getting a lawyer, or he knows a lawyer. All he needs to do is find out that he can disaffirm (which is sounds like his dad probably already knows) and then go to small claims, say he a minor, and the judge will drop the gavel. No guarantee that this will be the outcome, but the law is pretty clear in most states.

 

did he pay you cash? cash is always a bad idea, and i would suggest not using it unless you are a criminal. you have no way or tracing cash so it would be real hard for him to sue if that is how he paid.

imo, he can only return the car if he is under 18. otherwise, theres nothing reason for him to sue.

 

What!? That made no sense.

 

buyer beware unless a minor. you aint a car dearlership so there's no warranty. friggin dumbass father should've been there to ok the deal if he's so worried about it, friggin tard......

 

well when i say kid i mean 17, 18?

I know he has his liesence so hes at least 17, i didnt ask for id when he was buying it.

And on the ct dmv site, it says that all cars sold under 3,000 and over 6 years old are considered "as is " automaticly so i didnt bother to write it, but it also says it applies to dealers , which i think it would be the same or less leanant for person to person ??

I also found out from a friend of a friend that he was tryin to drift the thing saterday night, so if he dos try to take me to court im gona mak sure i get more info...

 

If it's like that for a dealer, I would think it'd be the same for person-to-person.


Get the info now, and make sure the friend of a friend is willing to testify to it. Better to secure it now than to risk not having it if the time comes to use it.

 

I say ignore him, for that much money he will probably just accept the fact that he bought the car and he's not getting his money back.

 

Sounds like as soon as the car drove of your lot it depreciated $1,000. I would take the car back, give him $100 and call it a day FTW!!

 

This kid wanted the car now he is going to court. What a moron. First, of all this guy does not have anykind of paper work of how he got the car or how he paid for it , so this should make the case alittle easier for you but I would get some witnesses and someone to find out about the drifting thing and why he is turning it back. I think he just broke it on purpose and he is trying to sue you. His popps is thinking green.

 

let him take you to court. call his bluff. if you get subpoenaed then decide if u can prove he abused the car or not. and look up now for sure IF there is any such refund law.

I sincerely doubt he can force you to buy back. That would leave you with NO RIGHTS. at worst i would think you can buy it back for less.

F him. tell him your dad is a lawyer. bluff back.

 

In what general way does this relate to Maximas?

 

generally, 1 day 1 of us may sell a Maxima.

 

It really doesn't matter if its not about a maxima. This is something rather serious and the guy needs some advice, I would be a bit scared myself. And just about everyone checks the General

PM larsim he is a lawyer and has helped many of the guys on here when they were accidents with advice

 

I say you are probably in the clear ignore him.

First, you sold him a vehicle that he wanted. You did not misrepresent.

Second, He titled the vehicle...correct?

Third, he paid in cash with no receipt.

If, and I do say if, it goes to court, HE will have to prove that you misrepresented the product AND prove what he paid for the vehicle. You have to prove nothing. You could say that you gave him the car, he would have to prove otherwise. Without a receipt how can he? He can only prove that you owned the car not that he has purchased it or for how much. Proof is all that matters in a court of law

Minor or not. His father not approving of the car will not hold up in court.

Let this all be a lesson to everybody. Include a receipt with every sale and include the "all sales final" statement on th ereceipt.

 

You made a Bill of Sale right?

 

If your going to fail you might as well go for the gold and say he's a Judge

 

Tell him you heard he was trying to drift it and he probably broke it, and offer to buy it back for $100.

 

let's not get carried away and commit perjury now. but like i said, sellers have rights as well. look at eBay. maybe something is written there if no one knows for sure.

 

This could very well hold up it court. He's a minor, he can dissafirm, the fact that his dad doesn't approve of the car further proves that his dad had nothing to do with the contract and therefore the kid can dissafirm.

 

It is in every states lawbook that a person under the age of 18 Can Not enter into any contract wether it be written or oral. This is state law. Did he give you a check straight cash or a money order? His father could force you to take the car back and produce the money. Now that being said if he titled the car that culd be another issue. It would have to have been with a leagal guardian's name on it with him. That would mean Mommy or daddy had to have know about it. If he had not titlted it yet he was driving illegally. You should also call your local dmv or do some research on the dmv website. If he's over 18 it was a legal verbal contract and tell him to stick it!!
Good luck!

 

if under 18 report it stolen





you left out if u went to the DMV with him to transfer the title. seems to a critical fact in the issue.

 

How do you have a 2002 Maxima and a 2006 G35 but don't have <$1500 liquid?

 

update?

 

Kid hasnt called or tried to contact me, im not stressin about it anymore, i thing he reged the car already too....


thanks for your opinions bros !

 

lol
its not wether i have the 1500 $.

its just the fact that he bought the car, and its his, i dont want it back.....

 

still should find the needed info to give this thread closure.


I'm gonna try that line on a stripper one day. "my dad doesn't like that you gave me a lapdance. buy one back from me."

 

The line only works if you are under age. Or the stripper is under age.

 

Maybe I went too far, but the point I was making is that the burdon of proof lies with him, not the seller.

My honest advice, talk with the kids father. Explain that you sold the kid the car with the best intentions and are uncomfortable buying it back after the kid has driven it, due to potential damage the boy may have done. Discuss this as a lesson for the kid. Offer to buy it back for less, try to get something for your trouble. Odds are that the father will be open for discussion.