sold a vehicle to someone and he wants to bring it back, threatened with lawyer. Whats the law?

DarkoStoj

A mysterious figure named Darko
So I sold that 1986 camper/motorhome I bought to some guy yesterday for pretty much what I paid for it. I was completely honest with the guy, told him everything I knew about it, he looked it over and ended up buying it.

I wrote him up, got him temporary registration and charged his plate fees along with collecting sales tax, and he got insurance so he could drive it home(I'm a dealer)

He called me today saying there was a small engine fire and was pissed off saying he wanted to bring it back to me and get a full refund. I told the guy to take a picture of the damage and send it to me so I could see how bad it was.

It was an old bitter guy who said he lost his house after he had been paying it off for close to 30 years and was buying the motorhome to live in, I felt super bad for him so I helped him out as best as I could when he bought the thing. Because of that I told him to send me the pictures of the damage and I'd help him out some depending on how bad it was. He said his wife wanted to bring it back, but I told him I'm not going to do that, but I would help him with the process of getting it fixed. He then threatened me with a lawyer and said if he wanted to bring it back he had every right to under the lemon law since he wasnt even able to make it back to his house.

Right now I'm waiting on pictures to see the damage, but i figure I should at least know what i'm entitled to if things do end up going badly.

I am kicking myself in the ass because I did forget to write "sold as-is" on the bill of sale.

One thing about the guy, when he was paying for it we were counting out the money and We had to stop half way through cause I had a customer come in and I didnt want the cash sitting out, so when we resumed I thought he had paid for the thing in full, but he actually wasnt done paying and still had to give me $500 even though I thought he had paid it all. I was looking around for the money for like 30min, and then he finally said "Oh look at that I forgot the money in my back pocket." So the guy did try to screw me out of $500 when I was settling the transaction because of my idiocy in not paying enough attention to what was going on....so he isn't that honest of a guy.
 
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if you're a dealer... shouldn't you know these things ahead of time? :lol: maybe pm trunk or mark our resident lawyer.
 
If the guy doesn't even understand that buying an ancient motorhome entails some amount of risk, he's not going to be capable of doing anything to you.
 
Well, the attempt to hose you on the $500 doesn't really matter, it give YOU a feeling for the person he is, but other then that nothing. I don't think you have to worry about it, if he wants to threaten with court, then go with it. You are willing to help him with the damage to repair, you did work with him on the price and give him all the details and flaws that you knew about when he bought. He did know he was buying a used/older vehicle....It's going to cost him a bit to take you to court on it, he could use that money to fix the thing....
I don't know the law, but the law is really a guideline, I don't think people really follow the law much anymore.
 
if you're a dealer... shouldn't you know these things ahead of time? :lol: maybe pm trunk or mark our resident lawyer.

Its very rare that I sell used vehicles. I have the dealer license primarily for buying since I'm an automotive recycler.

Now I have been snooping around and from what I can see the lemon law doesnt cover motorhomes...but I hate reading legal word vomit...so who knows :icon_hamm
 
If you sell a used car without a warranty there is no lemon law claim. Lemon law only applys to new cars and used cars sold with a mfgr. warranty. If a used car is sold with a dealership warranty but not a mfgr. warranty, that's the gray area. I'm assuming you sold it without a warranty of course..

I'm pretty sure that's correct.
 
I would think I'm safe due to all the circumstances, but who knows.

I'm probably going to give the guy $500 or so back depending on how much of an asshole he wanted to be.
 
well in any case I dont think you have anything to worry about, more than likely his wife just didnt want to live in a motor home and hes looking for a way to get rid of it now.
 
did he sign the as is no warrenty window sticker?Thats him taking it fully AS_IS by signing that.on my rd 108 in the remarks section i write NO WARRENTY WRITTEN OR IMPLIED and that covers the legal end.
 
So I sold that 1986 camper/motorhome I bought to some guy yesterday for pretty much what I paid for it. I was completely honest with the guy, told him everything I knew about it, he looked it over and ended up buying it.

I wrote him up, got him temporary registration and charged his plate fees along with collecting sales tax, and he got insurance so he could drive it home(I'm a dealer)

He called me today saying there was a small engine fire and was pissed off saying he wanted to bring it back to me and get a full refund. I told the guy to take a picture of the damage and send it to me so I could see how bad it was.

It was an old bitter guy who said he lost his house after he had been paying it off for close to 30 years and was buying the motorhome to live in, I felt super bad for him so I helped him out as best as I could when he bought the thing. Because of that I told him to send me the pictures of the damage and I'd help him out some depending on how bad it was. He said his wife wanted to bring it back, but I told him I'm not going to do that, but I would help him with the process of getting it fixed. He then threatened me with a lawyer and said if he wanted to bring it back he had every right to under the lemon law since he wasnt even able to make it back to his house.

Right now I'm waiting on pictures to see the damage, but i figure I should at least know what i'm entitled to if things do end up going badly.

I am kicking myself in the ass because I did forget to write "sold as-is" on the bill of sale.

One thing about the guy, when he was paying for it we were counting out the money and We had to stop half way through cause I had a customer come in and I didnt want the cash sitting out, so when we resumed I thought he had paid for the thing in full, but he actually wasnt done paying and still had to give me $500 even though I thought he had paid it all. I was looking around for the money for like 30min, and then he finally said "Oh look at that I forgot the money in my back pocket." So the guy did try to screw me out of $500 when I was settling the transaction because of my idiocy in not paying enough attention to what was going on....so he isn't that honest of a guy.

Did you have a buyers order signed with AS IS?

if you're a dealer... shouldn't you know these things ahead of time? :lol: maybe pm trunk or mark our resident lawyer.

It's kind of a good idea to know a little ahead of time, but he is :yt: :lol:

Its very rare that I sell used vehicles. I have the dealer license primarily for buying since I'm an automotive recycler.

Now I have been snooping around and from what I can see the lemon law doesnt cover motorhomes...but I hate reading legal word vomit...so who knows :icon_hamm

Lemon law will not apply here.

I would think I'm safe due to all the circumstances, but who knows.

I'm probably going to give the guy $500 or so back depending on how much of an asshole he wanted to be.

If you want to be decent give him is money back you can, but if you have AS IS paperwork with his signature you should be OK.

There is a 3 day return policy if the vehicle is DELIVERED to you. If you go to the dealer, it's up to them. Now they can take you to small claims court, but most cases get thrown out.
 
Did you have a buyers order signed with AS IS?



It's kind of a good idea to know a little ahead of time, but he is :yt: :lol:



Lemon law will not apply here.



If you want to be decent give him is money back you can, but if you have AS IS paperwork with his signature you should be OK.

There is a 3 day return policy if the vehicle is DELIVERED to you. If you go to the dealer, it's up to them. Now they can take you to small claims court, but most cases get thrown out.

that is one thing i screwed up on, I didnt add "sold as-is" in the remarks section of the rd108. It just slipped my mind...too much going on yesterday. The vehicle was picked up by the customer, not delivered.
 
"Remember that a vehicle being sold "as is" means just that. In fact, most used vehicles are not under warranty for any period of time. There also is no such thing as a spoken agreement for a warranty. Get any guarantees in writing, including promises of repairs to be made prior to the vehicle's sale. Keep in mind that Michigan's "Lemon Law" for defective vehicles only pertains to new vehicles. Used vehicles are not covered. "

This was taken from here: http://www.michigan.gov/sos/0,1607,7-127-1640_9150-191788--,00.html
 
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