chris walrod

This suggestion was more to point out the fact the orginal selling dealer would offer nothing and Ty to match what this dealer would be willing to do. In other words, nothing.

Ty, I know what you mean by it being tough to ignore such threats as well as a good feeling to put to bed this deal.

The amount of time required to call the dealer would be five minutes at best. With that, Ty would be doing whats in his power to resolve the situation per the new owners request.

MrBonus

Sorry, my reading comprehension is terrible today. I need to stop sniffing so much glue.

matt777

I wouldn't communicate with him anymore. I can't believe people still buy cars sight unseen. His time to discuss discrepancies, condition, etc was BEFORE he bought it.

herman maire

screw him... he could have sent somebody or payed a shop for a PPi . Its just a lame A@@ attempt at getting a few$$ out of you.

Dont get stressed out over this retard... forget about him and start looking for your next Pcar, just dont buy the way he did

Mark in Baltimore

I agree with all of the other comments. The onus of responsibility to do a PPI falls on the buyer, not you. It's shame for the buyer, but I hardly see how this is your fault. I'm assuming the buyer signed an as-is bill of sale? If it were me, I would not bother retaining counsel.

Good luck.

Ty Smith

Actually, there was no bill of sale. I signed the title over as a seller and he signed it as the buyer. He gave me a cashiers check and the deal was done. I think the title is actually the "bill of sale"

Thanks much, you guys are making me feel much better ( along with my wife )

901aero

Keeping good records of what he is "threatening" is important. IMO you're good. If he's unhappy and you did not misrepresent the car as you say, then too bad buddy.

I have had a similar situation where a guy was "rolling the dice" trying to get something for nothing and started the threats and even hired a law firm. They had some para-legal calling me, my family, etc. I nipped it in the bud by telling him "This is the name of my Attorney" "If you have any other questions please contact him. Do not call me or my family again about this matter."

Needless to say I never heard from him again. He did not call my Attorney either.

Perhaps you know an Attorney that can do this for you as a simple favor.

If not, just ignore him. Most likely he will go away.

Leanit

Ignoring him might not work. I'm sure the law on this kind of thing varies by state, but he may actually have grounds for some kind of settlement. I hope not, but he might.

I had an almost identical situation in which I sold a vintage car to a guy who was thrilled with it. I sold it "as is" and represented it exactly for what I thought it to be, which is how I bought it, showed it, and loved it. Never mind the details, but the buyer found some inconsistencies that I had not discovered (nor had two panels of councours judges). His first action was not a polite call to me to ask what was going on. He lawyered up, and the first I heard of his displeasure was a big packet of crap on fancy letterhead. His case was rubbish, but I had to hire a shark of my own to study the thing, and in the end my guy advised me to write him a compensatory check rather than go around and around with it. I guess the heart of the matter was that I couldn't clearly demonstrate that I hadn't defrauded him. Even though the burden of proof was on him, it was going to be a mess. At that time in my life, I didn't care to fight it and risk losing because his lawyer might have played golf with the judge and mine didn't.

I hope you're in the clear, but the law often protects the greater fool, or at least makes it expensive to be right.

- Matt

Fred's 964

Ty, it seems like you are trying to be the gentleman here and had suggested all the right things to the new owner at the time of the sale. Worse case scenario, it sounds like he still has a nice car for a fair price. Obviously, these "supposed" discrepancies were not noticed or suspected by you in 3 years of ownership and would probably not be noticed by him either. Kudos for trying to be reasonable with him but it sounds like someone else may be driving his misguided efforts. Sorry you have to deal with this, I agree with telling him to contact your attorney and reminding him that harassing you after you suggested a PPI is totally innappropriate. Block his phone number and e-mail address. Good luck, you're the good guy on this one.

901aero

Matt: You have a point. Being right does often come with a price. Sometimes, yes, it's not worth it.

But I've been known to spend more than it's worth to prove a point. Stupid, I guess in some cases. But I can't stand to let some *** get away with something just because he makes it his mission in life to take advantage on any given situation to get something for nothing.

Fight the good fight, even when it makes no cents?

Ty Smith

Thanks again all...

Very interested in everyones opinion. please feel free to comment or PM me if anyone else has experience or insight on this... Thanks !





.

Jeff Ward

Ty,

I see that you are in Virginia, so it's likely that Virginia law would apply. (However, there are a couple of recent Virginia cases where a seller in a commerical setting on ebay had to defend an action in the purchaser's state- those cases were Virginia purchasers suing sellers out of state).

In your situation, under Virignia law, the purchaser would have to prove that you defrauded him to prevail. The standard of proof is by "clear and convincing" evidence, which is about the highest standard of proof. In other words, he would have to show, and show well, 1) that you knew about the defect; 2) that you intentionally hid it from him; and 3) that there are damages - i.e. that the car is worth less that what he paid you for it because of the misrepresentation.

The purchaser is out of luck proving 1 and 2, and possibly 3, much less proving them by "clear and convincing" evidence. On the damage issue, most judges could care less about cars, and a little paint work is not going to shock a judge. If there is a salvage title, or an odometer rollback, that is something to worry about, but not a repair done so well that nobody knew about it.

Another thing is that you don't know what he has done to the car since it was shipped. Who knows, maybe he had the paintwork done. I wouldn't put anything beyond some purchasers. He could get a mix to match can at the auto paint store and dust on some overspray and there you are.

I can understand that you don't want anybody mad at you, but sometimes people aren't grown ups, don't want to be reasonable, and won't face the fact that they didn't do their homework. If anybody is getting yanked around in this scenario, it is you. So relax and don't shoot until you see the whites of his eyes.

Good luck,
Jeff
p.s. My apologies for being one those lawyers, but I am a country lawyer, and know a little something about cars. And I quit dairy farming because I wanted to drive a 993 in addition to the old F-350.

six gun

[QUOTE=MrBonus;5142367]No offense but that sounds like an excessive amount of work on his part for a car he has already sold. It's a bit insulting that the buyer didn't take his time to get a proper PPI and now wants the previous owner to now waste his time to cover his own laziness.

+ 1

drivingmydream

I am currently on the other end of the same problem so I speak from experience. He bought the car, the title is in his name. He owns it, pristine or junk, it's his. I'm currently trying to get out of a car I bought w/o doing PPI and am paying the price.. literally and figuratively. Relax. I only hope that you did not knowingly mis-represent the vehicle and I'll give you the benefit of the doubt. Best of luck.

Falcondrivr

Your posts come across that you are genuinely concerned that he isn't happy with the car. Honestly, the first thing that comes to my mind is that this guy has sensed that you are a stand-up guy, and is trying to **** you. As the poster above said, he could have wrecked it taking it off the delivery truck. if he is threatening you, I'd bet it's sabre rattling. If he's threatening anything other that legal action, call the cops. If it's over the internet or interstate phone lines, call the FBI.