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I sold a vehicle with a dealer #. I thought I did all the…

Hello, I sold a vehicle...
Hello, I sold a vehicle with a dealer #. I thought I did all the right paperwork. He signed and agreed that the vehicle was As is no warranties. A month later he says he is having issues with the car and sends me a receipt and is asking for his money back plus what he spent. I tried helping him out in understanding what was happening to the vehicle and provided my feedback. While going back and forth seeing how I can help he decided to file in small claims. He has been getting random things done to the car and the problem still persisted. He allowed for me to take a look at the car and while I had it the vehicle did not act up or show any signs of what he was complaining about. He has again taken it to more mechanics and now seems to be having a different problem. He claims that I should have offered him a 2 day cooling off cancellation period. I thought as is, meant as is, no warranties of any kind. He agreed upon purchasing it, but now that he's not happy with the vehicle he is looking for a way to get me. My question is, did I mess up? Should I have offered that? Does as is no warranties not apply to that? Thank you
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Answered in 1 hour by:
9/3/2017
Thelawman2
Thelawman2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2,540
Experience: Licensed Attorney
Verified

Hello, my name is ***** ***** I will be helping you today.

First of all, there is no such thing as a 2-day cooling off period and you did not have to offer it.

Additionally, as long as you didn't commit fraud in selling it, he should not be able to bring a claim against you. Basically, you would have had to hide something that was wrong with the car that you knew about but didn't tell the purchaser. If this was not the case, then there is nothing that they should be suing about.

Additionally, there is no lemon law for used cars, so he cannot make that claim either.

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Customer reply replied 11 months ago
What about two day contract cancellation agreement? Does As Is void that? I'm located in CA

First, that is an option for people to purchase, it is not automatically applied to every car purchase. So if the person did not offer to purchase it, then they are not entitled to the two-day cancellation.

Additionally, the right to even purchase this two- option only covers purchases that involve a licensed dealer. A sale between two private individuals is not covered by this provision. Therefore, the person did not even have the right to purchase the two-day cancellation period from you.

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Customer reply replied 11 months ago
I might have chosen the wrong topic. But I sold the vehicle with a dealer id#. I'm a sales rep
Customer reply replied 11 months ago
We have had one court date where we did arbitration and he agreed for me to help Him sell his current vehicle and get him into another one that he was more happy with. Our next court date Is 2 weeks away and he has not allowed me to sell it as per our agreement and he did take another vehicle which he then returned after a couple of days and said he would rather settle this at court.
Customer reply replied 11 months ago
I allowed him to take the car to test drive/inspect and make sure he was happy with it.

Did your agreement in arbitration state that he would drop the case in exchange for your agreement to help him out?

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Customer reply replied 11 months ago
he had said he would drop the case once I had helped him out.I've looked at his vehicle and ran diagnostics and test drove it in different terrains and I didn't come across the problem he says he has. His issue was that he couldn't drive up the mountain. Well come to find out he didn't know how to shift properly and use the 4x4 qualities that the SUV has. When I brought this to his attention, he said that the way he drives is irrelevant and that he just doesn't want the vehicle.Our arbitration agreement was that I would look at the vehicle and try and figure out what was wrong. To then help him sell it and get him into something else.The vehicle was looked at, piece by piece everything was inspected and cleaned. Some minor things were adjusted, tightened, just to make sure nothing was compromised.
It was then time to try and sell the vehicle. He decided he would take a different vehicle I already had. He said he would have proof of dropping the case once he checked out the car. I allowed him to take it, borrow it, inspect it, make sure he was happy with it, get it checked out. A couple days later he says he rather go to court. I told him that per our agreement I hadn't yet had the chance to sell his vehicle. Him taking a vehicle I already had was just another alternative that we hoped worked out. I asked to return to our agreement and for me to sell his vehicle. He is ignoring my messages and emails and has only stated that this would be best resolved at court.

So now, you should be filing a motion to dismiss the case because this has already gone through arbitration and therefore cannot be re-litigated.

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Customer reply replied 11 months ago
Ann I not too late to file? Court is in 6 days? And what would be my exact reasoning? At arbitration I was under the impression that if he was still not happy he could pick the case right back up with his initial complaint as if arbitration hadn't happened
Customer reply replied 11 months ago
Arbritation gave us 3 months

Was there a decision by the arbitrator? Or was it mediation? Arbitration is more trial-like with an arbitrator reaching an actual decision while mediation is more of a negotiation where a mediator helps to get it resolved but there isn't any final decision made by the mediator.

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Customer reply replied 11 months ago
Sorry, yes that's what SD did. did mediation

Got it. So my previous statement about the arbitration is not applicable. However, if you and him reached an agreement and you followed through with that agreement in exchange for him dropping the case, he has to still abide by that agreement.

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Customer reply replied 11 months ago
Okay so next week at our court date how do i present that to the judge? Do i just tell him we haven't concluded our agreement?
Customer reply replied 11 months ago
my question still remains, does "As is" not cover the 2 day period? He didn't ask to purchase it. But I also didn't offer it.

What you would want to do is file a motion to dismiss with the court. However, if you are going to trial that quickly, it is probably too late now to submit a motion to dismiss. As a result, you should be prepared to show the judge the agreement that you reached with the plaintiff, that you followed through with your end to get the case dropped, and now the plaintiff is trying to get a second bite at the apple after already settling this issue.

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Customer reply replied 11 months ago
Okay and if the initial complaint arises? How do I defend my self from not offering the 2 day option.

If you a used car dealer, then saying that the sale "As is" doesn't negate his right to purchase the 2-day cancellation option. That option must be made available to all used car purchasers.

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Customer reply replied 11 months ago
Okay. Yeah that was my fault. Thank you!

What you should be doing is arguing that he had to purchase the cancellation option in order to take advantage of it, he did not, and therefore, he doesn't automatically get a two-day cancellation option.

He may try to argue that you did not offer it, and the judge may rule in his favor.

However, at that point, you should be pointing to your subsequent agreement in mediation to resolve the issue.

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Please remember to provide a positive rating at the top of your screen so I get credit for helping you today!

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Customer reply replied 11 months ago
Thank you for your help! I will rate asap
Customer reply replied 11 months ago
Sorry final question. Would I be able to go in and ask the judge to dismiss ? Or does that have to be filed before hand

Is this in small claims court?

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Customer reply replied 11 months ago
I never even filed an answer/response. Was tha
Customer reply replied 11 months ago
was that something I needed to do?
Customer reply replied 11 months ago
small claims
Customer reply replied 11 months ago
lastly, he didn't sue the dealership, just me. Could this be a way to dismiss the case? Being that he filed wrong?

Small claims court is a little more flexible in terms of what you can do so asking the judge to dismiss at the hearing is fine.

Who was the contract with between when he purchased the car; was it with the dealership?

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Customer reply replied 11 months ago
It's a little confusing as I'm just a rep and have a sales iD #. But the vehicles are first purchased with a dealer # and me as a rep. Then from what it seems like the car is realeased to a different dealer name & #. And the final contract with the buyer is between that second dealer and the buyer.
Customer reply replied 11 months ago
I am no longer working with this dealer as training was minimal and they provided no answers when this issue came up

Then technically, the buyer should be suing the second dealer because that is who he would be seeking to rescind the contract. Suing you is improper because if the contract was rescinded, the car would be going back to that second dealer, not to you.

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Customer reply replied 11 months ago
now what argument should I focus on?

You shouldn't limit yourself to any one argument. What you should do is approach these arguments in a concise manner and make sure you are organized when presenting before the judge because they are going to have limited time to review your case. So you should present all three arguments to get the case dismissed: (1) the plaintiff failed to purchase the two-day option; (2) he is suing the wrong defendant because he did not buy the car from you, it was bought from a dealer and you are just a salesperson; and (3) this had already gone through mediation, and you had reached an agreement to avoid litigation, which you upheld but the plaintiff is now not following through on.

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I'm actually getting on a plane now so I need to sign off. If you have additional questions, I can respond to them later. Otherwise, please provide a positive rating!

Thelawman2
Thelawman2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2,540
Experience: Licensed Attorney
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Customer reply replied 11 months ago
Perfect. Thank you again. Really appreacite it
Customer reply replied 11 months ago
Safe travels!

Thank you!

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