Please help, sold a car, new owner timing belt broke.
03-13-2010, 12:22 PM
#1
Please help, sold a car, new owner timing belt broke.
this is my situation and what can i do.
i had a mitsubishi eclipse 2001 gs, i put it for sale for $3500 because it has a nice stereo system and all. a kid came with his father to the garage that i had it to inspect the car. the car was tested and the father was very knowledgeable about the repair that needed to be done with the car. The father says that since there were repairs needed to be done to the car and did not want he son driving the car in that condition he would give me $2700, we agree on $2800 afterward. he left me a deposit of $1000 and the rest 2 days after, when the car would be picked up.
On tuesday the kid came to get the car but did not bring the complete rest of the money, he only brought $1600 and nintendo wii to make up for the $200 (something that i did not wanted cause i already have one). i agree to take it cause the kid wanted the car. He put the license plate on the car and took it home (30 miles away). next day in the night time he call me and says that while he was driving with his friends he heard a loud snap in the engine and that car turned off. they took the car to a mechanic and he said that the timing bell broke (which i replaced it 20k before that). Now since he was running and the timimg belt broke the engine is gone too.
Now i have the family of the kid arrasing me telling me that his uncle is a detective and other uncle a lawyer that what can i do about it. i really don't think i'm liable cause i gave the car almost $1k less than i was asking. the car was sold AS-IS and the timing belt was replace 2 years ago (20k ago).
i had a mitsubishi eclipse 2001 gs, i put it for sale for $3500 because it has a nice stereo system and all. a kid came with his father to the garage that i had it to inspect the car. the car was tested and the father was very knowledgeable about the repair that needed to be done with the car. The father says that since there were repairs needed to be done to the car and did not want he son driving the car in that condition he would give me $2700, we agree on $2800 afterward. he left me a deposit of $1000 and the rest 2 days after, when the car would be picked up.
On tuesday the kid came to get the car but did not bring the complete rest of the money, he only brought $1600 and nintendo wii to make up for the $200 (something that i did not wanted cause i already have one). i agree to take it cause the kid wanted the car. He put the license plate on the car and took it home (30 miles away). next day in the night time he call me and says that while he was driving with his friends he heard a loud snap in the engine and that car turned off. they took the car to a mechanic and he said that the timing bell broke (which i replaced it 20k before that). Now since he was running and the timimg belt broke the engine is gone too.
Now i have the family of the kid arrasing me telling me that his uncle is a detective and other uncle a lawyer that what can i do about it. i really don't think i'm liable cause i gave the car almost $1k less than i was asking. the car was sold AS-IS and the timing belt was replace 2 years ago (20k ago).
03-13-2010, 12:28 PM
#2
Senior Moderator
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I dont see any reason why you should be concerned. 
Car was inspected, price was lowered for repairs, sold AS-IS
/thread.
Car was inspected, price was lowered for repairs, sold AS-IS
/thread.
03-13-2010, 12:31 PM
#4
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Now i have the family of the kid arrasing me telling me that his uncle is a detective and other uncle a lawyer that what can i do about it. i really don't think i'm liable cause i gave the car almost $1k less than i was asking. the car was sold AS-IS and the timing belt was replace 2 years ago (20k ago).
If you have a decent contact for the engine work, suggest that as well. I think the sale was final when the kid took the car, unless you wrote or said otherwise.
OTOH, you can also tell his family, if they keep annoying you, that you have a janitor in the family who will mop the floor with them if they sue you.
03-13-2010, 12:37 PM
#5
You are not responsible. You sold the car in "as-is" condition. The car was also inspected before it was purchased by the new owner. What also concerns me is how it was driven once delivery was made. You mention the kid phoned you to tell you the timing belt broke while he was out driving with his friends. Perhaps his driving had something to do with the failure.
A similar situation happened to me a few years ago when I sold a travel van. The next day a planetary let go in the transmission. The total bill to replace was $1500.00, which I covered half. I was not expected to by the new owner, which is actually the reason why I did it. In this case, however, where threats are already being made and fingers being pointed, I'd stick to my guns and tell them you are NOT responsible.
Terry
A similar situation happened to me a few years ago when I sold a travel van. The next day a planetary let go in the transmission. The total bill to replace was $1500.00, which I covered half. I was not expected to by the new owner, which is actually the reason why I did it. In this case, however, where threats are already being made and fingers being pointed, I'd stick to my guns and tell them you are NOT responsible.
Terry
03-13-2010, 12:46 PM
#7
Registered Member
If you entered into a contract (as in signing over a title or a bill of sale) with the kid, then yes, he can return the car to you and you would have to give him back the money and item. This is because a minor cannot enter into a legally binding contract because he has not reached the age of majority, so the contract never really existed.
If, on the other hand, the contract was entered into with the adult, then you should be safe.
If, on the other hand, the contract was entered into with the adult, then you should be safe.
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03-13-2010, 12:58 PM
#8
If you entered into a contract (as in signing over a title or a bill of sale) with the kid, then yes, he can return the car to you and you would have to give him back the money and item. This is because a minor cannot enter into a legally binding contract because he has not reached the age of majority, so the contract never really existed.
If, on the other hand, the contract was entered into with the adult, then you should be safe.
If, on the other hand, the contract was entered into with the adult, then you should be safe.
03-13-2010, 01:26 PM
#11
Burning Brakes
03-13-2010, 02:14 PM
#12
AZ Community Team
I'm with everyone else, you sold the car "as-is" and was truthful of the timing belt replacement. Since the kid is 22 then there is no problem what so ever with how you handled the transaction.
03-13-2010, 02:14 PM
#13
Senior Moderator
They signed the paper that said no warranty, sold as-is... correct?
Then you safe. Tell them you have that and you will be in contact with your lawyer if they want to go further. Dont back down.
Then you safe. Tell them you have that and you will be in contact with your lawyer if they want to go further. Dont back down.
03-13-2010, 02:15 PM
#14
S E L L
The sale is "As-Is" unless you put down in writing saying otherwise. This guy's out of luck, you already dropped the price down $900. They can use the $900 they saved towards a used engine.
03-13-2010, 03:59 PM
#17
I told their family that i could just not take their call when they are calling me and refuse to speak to them because the title was signed and register under their name, car inspected before buying, sold As-IS, car was driven home and to work the next day. but i still answer every call, i speak to them and listen to wherever they have to say.
If they fix the engine and want their money back i'll be glad to , because i hate having issues with people. i won't take a car back without an engine knowing that i gave the car with a perfect engine. The mother was screaming at me saying that why did i sold the car with a bad engine. The engine was in perfect condition until the timing belt broke while he was driving it. They think that i knew that timing belt had a few hours before it brakes and i sold the car so it could brake on them and not me.
03-13-2010, 04:37 PM
#19
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It's the sad side of buying used. Not your problem. Now if you knew about the timing belt problem and didn't disclose it, that's a different story, but even still, they had a mechanic look at it.
03-13-2010, 07:14 PM
#20
The mother was screaming at me saying that why did i sold the car with a bad engine. The engine was in perfect condition until the timing belt broke while he was driving it. They think that i knew that timing belt had a few hours before it brakes and i sold the car so it could brake on them and not me.
I don't even know where to start with that. As if anyone could know the exact time limit of a timing belt.. You sound like a pretty cool guy, you seem to have a good attitude about this whole thing. However you shouldn't take other people's abuse. Tell them if they want to threaten and harass you and all that business they can just go fudge themselves.
03-13-2010, 10:56 PM
#22
Drifting
Really...what do the people you sold it to expect? When you buy something used, from an individual/private party, and something goes wrong, you can't bring it back! This is not a dealership. There is no warranty of money-back-guarantee. The family you sold it to won't get anywhere with their case. I maybe 16, but my mock trial and debate classes have helped. There is nothing they can do. Also, the kid was not harmed, and the car didn't get into an accident. Nobody lost control. So don't worry...
03-14-2010, 01:04 AM
#24
Evil Mazda Driver
This is 
, dude. They know it needed repairs, you dropped the price accordingly, they can suck it. I agree that if they don't like it, tell them you will be speaking with your lawyer before proceeding.
, dude. They know it needed repairs, you dropped the price accordingly, they can suck it. I agree that if they don't like it, tell them you will be speaking with your lawyer before proceeding.
03-14-2010, 07:31 AM
#25
Changin bulbs since '73
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tell them to get whomever they want. The car was inspected and was sold as is unless implied (written) otherwise. Don't feel guilty or obligated to help them.
You already came down on the price and comprimised again with the Wii.
The are just trying to pressure you and you sound like a nice guy and "cave-able".
Do not do it. You already went out of you way for them.
You already came down on the price and comprimised again with the Wii.
The are just trying to pressure you and you sound like a nice guy and "cave-able".
Do not do it. You already went out of you way for them.
03-14-2010, 08:01 AM
#26
thank you all, i'll keep of all you updated with the situation. hopefully they won't call back, but if they do i'll try to explain the situation AGAIN. i really don't want this to turn ugly but make them understand that is their car now and they are responsible for any damage. They pretend that i'm responsible for any damage that might occur now and in the future?
03-14-2010, 12:46 PM
#29
Drifting
When I bought my 91' accord 10 yrs ago, I checked it over but missed one system. I get home, start really looking over the car and find the radiator was empty. No coolant at all and it was July. Mind you I could have bitched, it was literally when I drove it home. However the rational and nice guy that I am, I realized it was really my fault for not looking it over well enough. I should have checked the cooling system. I also knew sales are as is, I mean wtf.
This post just made me remember a sale actually very similar to your situation. I bought an 83' accord 5spd for $500, I was a stupid kid, wanted a second car for pizza delivery. I get home and my father starts looking it over. The car was totally f'ed, my father wouldn't even let me drive it. However the original owner did agree to give the money back, however I knew the whole time that he didn't have to. This was only 500 though, and the guy I think knew the car was really bad and caved.
It's not exactly the same thing, but imo you've got to be a real a-hole to try to protest the sale. Especially if you have any knowledge of cars, you should damn well know that timing belts just go. If they keep bitching, just bitch back. they probably know they're wrong, but some people just try try and try again to get you to cave in to pressure.
For some reason I always end up telling stories here, but I guess just giving you two opposite examples, personally I'd tell them to shove it, I hate pushy people.
This post just made me remember a sale actually very similar to your situation. I bought an 83' accord 5spd for $500, I was a stupid kid, wanted a second car for pizza delivery. I get home and my father starts looking it over. The car was totally f'ed, my father wouldn't even let me drive it. However the original owner did agree to give the money back, however I knew the whole time that he didn't have to. This was only 500 though, and the guy I think knew the car was really bad and caved.
It's not exactly the same thing, but imo you've got to be a real a-hole to try to protest the sale. Especially if you have any knowledge of cars, you should damn well know that timing belts just go. If they keep bitching, just bitch back. they probably know they're wrong, but some people just try try and try again to get you to cave in to pressure.
For some reason I always end up telling stories here, but I guess just giving you two opposite examples, personally I'd tell them to shove it, I hate pushy people.
03-14-2010, 01:18 PM
#30
Team Owner
22 year old should not have mommy and daddy fighting his battles. It's bad enough that daddy had to give him money and he gave you a Wii to cover $200. Time for him to grow up.
03-14-2010, 02:09 PM
#31
CL in lawnmower status
This is dumb, you don't need to keep talking to these people, you didn't do this on purpose, and it was sold as-is
next time they call, just explain the situation and tell them that's final, don't budge at all, if you give them an inch they'll take a mile (if you offer any money back, they will think you feel guilty and will try and get you for more money)
block them from calling you as other members have said, or you could just hang up on them
good thing is it was not a matter or someone getting hurt from the failure either, so i wouldn't give it a second thought IMO
if they have a lawyer and a detective in the family, they would know what they are asking for is
next time they call, just explain the situation and tell them that's final, don't budge at all, if you give them an inch they'll take a mile (if you offer any money back, they will think you feel guilty and will try and get you for more money)
block them from calling you as other members have said, or you could just hang up on them
good thing is it was not a matter or someone getting hurt from the failure either, so i wouldn't give it a second thought IMO
if they have a lawyer and a detective in the family, they would know what they are asking for is
03-14-2010, 07:25 PM
#33
Drifting
Lol. So if the car needs new tires in 6 months, are they going to come to you and say, well we forgot to look at the thread left on the tires, so you need to buy new ones. NO! This is ridiculous! I wouldn't even answer their calls at this point. Just let it be.
03-14-2010, 10:34 PM
#35
Drifting
I doubt they have a lawyer. People say that all the time. Besides, the case will not go anywhere, and it would probably cost more to hire one that to fix the problem...
03-15-2010, 12:14 AM
#36
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I owned two early model eclipses, actually Talon AWD's. They both sucked with breaking timing belts. My first Talon actually broke two timing belts in the first six months I owned it. It was sitting in the shop for getting fixed for 3 of those months. I sold it right after only to find out that Mitsubishi had a recall on their timing belts. I would think that the buyer is instantly at fault for not doing his research about how bad those early model Eclipse/Talon's sucked when it came to timing belts.....<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
03-15-2010, 06:58 AM
#38
is automatic with steptronic. Is not that i don't want to help but i didn't like the reaction of telling me that they have dectetive and lawyers. also that family will do wherever they have to for any family member. i spoke to him a few hours ago (he called). we had agree when he bought the car that i'll keep the wii for 2 weeks and that he'll be bringing the extra $200 and i'll give his wii back. i told him not to bring the $200 and to use that money for the engine.
I told their family that i could just not take their call when they are calling me and refuse to speak to them because the title was signed and register under their name, car inspected before buying, sold As-IS, car was driven home and to work the next day. but i still answer every call, i speak to them and listen to wherever they have to say.
If they fix the engine and want their money back i'll be glad to , because i hate having issues with people. i won't take a car back without an engine knowing that i gave the car with a perfect engine. The mother was screaming at me saying that why did i sold the car with a bad engine. The engine was in perfect condition until the timing belt broke while he was driving it. They think that i knew that timing belt had a few hours before it brakes and i sold the car so it could brake on them and not me.
I told their family that i could just not take their call when they are calling me and refuse to speak to them because the title was signed and register under their name, car inspected before buying, sold As-IS, car was driven home and to work the next day. but i still answer every call, i speak to them and listen to wherever they have to say.
If they fix the engine and want their money back i'll be glad to , because i hate having issues with people. i won't take a car back without an engine knowing that i gave the car with a perfect engine. The mother was screaming at me saying that why did i sold the car with a bad engine. The engine was in perfect condition until the timing belt broke while he was driving it. They think that i knew that timing belt had a few hours before it brakes and i sold the car so it could brake on them and not me.
DO NOT TAKE ANY MONEY BACK.
03-15-2010, 06:59 AM
#39
thank you all, i'll keep of all you updated with the situation. hopefully they won't call back, but if they do i'll try to explain the situation AGAIN. i really don't want this to turn ugly but make them understand that is their car now and they are responsible for any damage. They pretend that i'm responsible for any damage that might occur now and in the future?
03-15-2010, 07:27 AM
#40
I owned two early model eclipses, actually Talon AWD's. They both sucked with breaking timing belts. My first Talon actually broke two timing belts in the first six months I owned it. It was sitting in the shop for getting fixed for 3 of those months. I sold it right after only to find out that Mitsubishi had a recall on their timing belts. I would think that the buyer is instantly at fault for not doing his research about how bad those early model Eclipse/Talon's sucked when it came to timing belts.....<o:p></o:p>