To All Those Who Have Sold A Car *IMPORTANT*

[Weapon_R]

I am wondering, when putting "AS IS, WHERE IS" on a bill of sale, is the previous owner responsible for any of the defects on a sold car found by the new owner?

[buh_buh]

old owner is not responsible for anything.

[G]

It is up to the buyer to have the car inspected by a good mechanic.

[Weapon_R]

It was sold around June (in good condition), then at the end of July I got a letter stating that "several repairs were done, and enclosed is a receipt of the total repairs. I would ask that you split the costs etc". So I laughed it off, now I receive another letter claiming that, as a seller, I had to warranty his car for 10 days after the sale as required by law. I was like WTF? Since when. No worries, Alberta has no law of the kind.

[Ferio_vti]

Tell the guy's that he's on his own. TS for him. Or if he really thinks he's right get him to find that "required by law" crap and prove you wrong.

[Mikaldor]

Tough beans. Unless they slipped something new into the law, which I would love to see too. I think that he is on his own.

[Big_Six_Boy]

"AS IS, WHERE IS" is a very important line. I think that guy never gave it a second thought. Poeple are like that.. they assume things. But when things go to shit, they complain... :rolleyes:

Tell the guy to bring the Bill Of Sale to a lawyer and he'll learn what the real meaning of "as is, where is" means. It basically means TOUGH SHIT to the buyer. Even if it breaks down while pulling out of your driveway, as long as it was signed (and witnesses too).
Good luck, dude! All the power to ya! :thumbsup:

[max_boost]

Caveat Emptor!

As is means exactly that, no implied or expressed warranty of any kind

[legendboy]

"as is, where is" does not mean what everybody thinks it means anymore. Check AMVIC's website. The seller is RESPONSIBLE! ( for certian things )

[max_boost]

Originally posted by legendboy
"as is, where is" does not mean what everybody thinks it means anymore. Check AMVIC's website. The seller is RESPONSIBLE! ( for certian things )
Interesting, maybe its a way to protect buyers who don't know anything? Is it possible to blame the mechanic who inspected the car?

[cocoabrova]

It might be possible that the new owner can file a law suit and take you to small claims court for half (or the whole) amount of the repairs, although I've never been through this situation personally. :dunno:

[Weapon_R]

Legendboy: Please provide a link or explain further. To my knowledge the vehicle was in good running condition. In all honestly, it did have a few things that needed repair (ie a new radio, one door's power door lock mechanism wasn't right), but this is not what he is claiming. He is claiming substantial repairs.

[LaughingTiger]

Originally posted by Weapon_R
It was sold around June (in good condition), then at the end of July I got a letter stating that "several repairs were done, and enclosed is a receipt of the total repairs. I would ask that you split the costs etc". So I laughed it off, now I receive another letter claiming that, as a seller, I had to warranty his car for 10 days after the sale as required by law. I was like WTF? Since when. No worries, Alberta has no law of the kind.

There is a law about right of first refusal, something like that..
It states that you as the seller have first opertunity to look these damages or have them looked at by one of your mechanics, or
their claim is not probable and you are not responsable for it..

Check in to it, I don't know the full details but we use it at my work. Plus it has been way to long for him to reply back about the matter..

Hope this helps....:dunno:

[legendboy]

your talking about buyers beware, that no longer applies in canada or alberta. basicaly if someone tries to defraud someone by giving a false vehicle history, covering up problems just to sell the vehicle, giving false vehicle discription ..etc.... the seller is liable. If the car you bought falls apart days or weeks after you buy it the seller can be liable to "make a proper deal" with you. that could mean that you get money back or it could mean that you get all your money back and give the car back. the one thing that you as a buyer have to do is get the car inspected by a dealer (of the make of car) and then you have a case if the car has problems shortly after you buy it.

[Dope Dealer]

Originally posted by max_boost
Caveat Emptor!

As is means exactly that, no implied or expressed warranty of any kind

Hrmm, sounds familiar. Hahah, *yawn* :thumbsup:

[LaughingTiger]

Originally posted by legendboy
your talking about buyers beware, that no longer applies in canada or alberta. basicaly if someone tries to defraud someone by giving a false vehicle history, covering up problems just to sell the vehicle, giving false vehicle discription ..etc.... the seller is liable. If the car you bought falls apart days or weeks after you buy it the seller can be liable to "make a proper deal" with you. that could mean that you get money back or it could mean that you get all your money back and give the car back. the one thing that you as a buyer have to do is get the car inspected by a dealer (of the make of car) and then you have a case if the car has problems shortly after you buy it.

Even on private sale???? :dunno:

It's not the buyer's beware law, you have the right to get a first and second opinion because you are claimed at fault, all mechanic,lub, oil,etc... shops have the right to this law..

[Weapon_R]

Well he didn't take the car for inspection before he bought it, not to any dealer for sure. Does it still apply?

[5.9 R/T]

As long as you didn't know about it, and he can't proove that you did don't worry about a thing. If he can proove that you did know about it and he takes you to court, you could be out the full price of the car. I am speaking from first hand experience here...

[ninjak84]

i don't think Weapon_R needs to worry.
you guys all know about that used car lot in downtown. they sell absolute crap. they openly tell you that the second you drive off the lot, if the car stops driving or falls apart, tough luck.

the worst thing these people can do is call CFCN's consumer watch and complain

[Weapon_R]

I'm not too worried - I mean, its been with him for about 4 months now - he could have gone through 2 engines by now so I am thinking that is his problem. I am worried about his "10 day warranty under law" that he claims - although I don't think that he has records of repairs within those 10 days.

[Ferio_vti]

Originally posted by Weapon_R
I'm not too worried - I mean, its been with him for about 4 months now - he could have gone through 2 engines by now so I am thinking that is his problem. I am worried about his "10 day warranty under law" that he claims - although I don't think that he has records of repairs within those 10 days.

What car did you sell him??
Never know, maybe he bagged the shit out of it in 10days. But either way, you can tell him to pull out his trusty time machine and jump back to 10 days after the sale and bother you then. Either way, he can go screw himself. Haha

[D'z Nutz]

No kidding. And even if he had to do any major repairs within that 10 days, why the fuck did he wait a month before first notifying you?

Tell him to bend over so you can put a foot up his ass. Give him a receipt too, in case it breaks within 10 days, in which you're liable to give him another one :D

[LaughingTiger]

Originally posted by Weapon_R
Well he didn't take the car for inspection before he bought it, not to any dealer for sure. Does it still apply?


It works like this...Because he got it fixed before he told you about the problem, you would of never known if it was your falt or his....so how can it be fair...

[legendboy]

weapon_r has nothing to worry about.

[Weapon_R]

Thanks guys for all your response. In regards to the car, it was a 1997 Dodge Caravan with 120km on it - so it wasn't THAT bad - I really don't know where he got these repairs from?? :dunno:

[buh_buh]

Originally posted by D'z Nutz
Tell him to bend over so you can put a foot up his ass. Give him a receipt too, in case it breaks within 10 days, in which you're liable to give him another one :D
hahahahahaha. :rofl: :rofl: :rofl:

[Stratus_Power]

its dodge! no surprise there

[sportryder]

This was taken from the Lemonaid used cars buyers guide 1998.
Any sales contract for a used vehicle can be cancelled for one or more of the following reasons.
#1 It was misrespresented.
#2 It's unfit for the purpose for which it was purchased
#3 It wasn't reasonably durable, the mileage driven, and the type of driving.
#4 It was seriously defective at the time of purchase.

EVERY VEHIICLE SOLD HAS SOME KIND OF WARRANTY THAT CAN BE ENFORCED IN COURT.

Meaning that in the end the buyer could get his money back. The first step would be legal mediation. If the seller still refused the refund then court dates could be set. This would most likely fit under the small claims division. Small claim fee's are actually reasonable. This would not be finalized until next summer in most cases as court dates take forever. If the buyer thinks it's not worth the wait,time and money he can give up the idea of getting any money in the end.