Nelly Kikuchi: Once you sell it AS IS they are screwed.Too bad so sad.
Shaunta Paap: Great thanks for the answer. Even though I ammended the contract stating I would deduct over heating repair costs. Will that be a problem for me in court? They only gave us $600 and the car was orginally $1200. I knocked down to a $1000. So they still owe the rest. After I amended the contratc stating I would deduct over heating repair cost I figured I wasnt probably going to get much of the 1,000 back. So am I still in good standing. The title and radio would also be handed over after full payment of vechicle....Show more
Giovanna Cramblit: As far as small claims is concerned, in any state, all used vehicles are considered as is, the reason for this is because at any time prior to the sale they had ample opportunity to take the car to a mechanic. If they did not do so, that is their problem, Because almost anything can, break on any used car I suggest people take a used car t! hey have questions about to a mechanic first. As far as your legal standing you are clear, they can file a small claims action and have you served, but they will lose. (mainly , because they had plenty of time to go to the mechanic before buying) The judge will consider all used vehicles of any kind in as is condition at the time of sale, end of story. Always make sure to write as is on the bill of sale, this will help, but is not necessary. As far as the smog is concerned, if the new owner accepts the car without the smog certificate, it is now their problem. There is no enforcement on the dmv part, so you are in the clear, they can take you to small claims for the smog, if you knew of a problem but failed to disclose it. I don't believe this is the case, so worst case scenario if they do a small claims action for smog, and can prove you knew about a previous problem, the judge may, but likely not award 50 percent of the cost to repair. Since you already addressed this iss! ue, They have no leg to stand on legally, and there is little ! that they can do. It is difficult sometimes to sell a used car, (because there are people who will claim right after purchase many problems, and cry and whine and try to get money back, if the car was in decent condition when you sold it, it is unlikely a day later to develop multiple problems, anyone who claims this I suspect of being full of crap, because it takes me a few weeks to sort out used car problems, and I am really good at it. So my guess is you found a whiner, you are clear of any legal issue, ask them not to bother you again its a done deal. ADDITIONAL DETAILS, no its ok to agree to help some, this just shows you have a heart, thats a good thing, regardless, a used car is an as is deal, and thats exactly how the small claims court will look at it, but I doubt it will get there, especially if they do not pay the rest, which is what is going to happen next, if they rengeg on the contract to pay, all bets are off, repo the car, its still yours, keep thier down pa! yment, thats a done deal, Do not give them any money, until you recieve a written detailed bill for any repairs for the over heating, if they refuse to cooperate, (which I would expect from con men, call the police to inform them the day you go to repo your car (so they do not claim the car is stolen, It is never a good idea to not get the money all up front, you did them a great favor, and all they have done is whine, that overheating issue could be a ten dollar part like a thermostate, they have not had the car long enough to check anything else out, so how could they possibly know of any other problems??? do what needs to be done, to get your property (the car) or the money, if they do not pay on the day specified, contact the police the next day and repo the car, fix it and sell it , that is your right under the contract....Show more
Sherita Gallati: I've bought autos w/o doing the smog scan. Though you're required to take action, It's rarly enforced and so long! as you submitted the discharge of legal responsibility don't fear appr! oximately tickets. You permit recognise up entrance and it is their difficulty now. what you'll have performed used to be begin with a bigger asking cost and knocked off $eighty for the "Smog Test and Certificate" and wrote that into your contract. lol
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