INGO lawyers chime in please. Need help.

[Ark]

Scammer fishing for gibs. Private transaction, sold as-is, no warranty or special agreements articulated in any signed contract for the sale. He has nothing.

 

[KG1]

But it was legal paper. They have to honor it. It's state law, I swear to god!

Donnie Baker Esq.

 

[ChristianPatriot]

How did you handle the financial side? I would be afraid funds would bounce

PayPal. The transition was complete 7 months ago.

 

[JeepHammer]

I thought all private car sales were "as is" unless otherwise stated. Tell him to get bent.

I worked with a car dealer for a while...

Private sales are "As Is" in Indiana unless the buyer can prove there was fraud, like bathtub caulking in the ball joints, foreign substance in the crank case, trans or differential, etc.

Dealers have different rules, you have an obligation to disclose faults...

 

[fullmetaljesus]

I worked with a car dealer for a while...

Private sales are "As Is" in Indiana unless the buyer can prove there was fraud, like bathtub caulking in the ball joints, foreign substance in the crank case, trans or differential, etc.

Dealers have different rules, you have an obligation to disclose faults...

Thank you.

 

[JeepHammer]

If it goes more than about 30 days, it's a "He Said/She Said".
If a fraud is found almost immediately it might fly in court.

I'm not a dealer, I don't sell a vehicle but every 5 years or so...
I had a guy that bought a Camaro and about a month later it didn't have 1st/reverse gears and the guy wanted to sue.

The local transmission guy wrote me a letter saying that 'Reverse Drops',
Speeding in reverse then yanking it into drive,
Abuse was the only way to break that particular transmission.

Never heard from the guy again so I think the trans guy hit the nail on the head.
Cost me a BBQ lunch, but it stopped the threats.

 

[CHCRandy]

I don't have much to offer in the car world.....but I can tell you a thing or 2 about liens on construction work.

First off, they are harder to get than just walking in and putting a lien on a home. As a contractor I have to prove you have an unmet financial obligation to me for work I done on your home, such as a contract, insurance claim, emails, etc.

Secondly, A lien is worthless for him unless you are planning on selling your home. And a lien is a pain in the backside to update frequently, since a lien don't last forever.

Thirdly, I don't know about cars, but in the home contracting business there is a time limit on getting a lien in place. I have to file a lien within 30 or 60 days of leaving the job. I can never remember which is which. I think new construction is 60 days and renovations are 30 days.

I personally would tell him to pound sand. If anything this sounds like it would be a civil case, and he would have to come to Indiana just to try to win, which I seriously doubt he has a leg to stand on. I am not lawyer, just my thoughts.

 

[churchmouse]

I think that’s where his problem is. I think he’s trying to sell it and can’t.

Ha. So he drove the crap out of it and now wants to flip it.
ignore him.

 

[cobber]

Caveat emptor...

 

[Cameramonkey]

Ha. So he drove the crap out of it and now wants to flip it.
ignore him.

Probably more like:
Motorist in highly regulated state, buys car without having it go through state inspection. Goes to plate it and discovers it wont pass inspection. Now he wants his money back because he cant drive it until he spends a ridiculous amount of money to fix.

No different than a guy walking into the gun store and buying a full size race gun, then wanting to bring it back because he cant run it in IDPA matches. "Sorry dude, if you had inspected it (brought the box) before buying it, you'd know it wouldnt work for you. Sucks to be you.


Wife's friend's entire family plate their cars there. I assume due to low taxes? Anyway I remember her saying she had to drive down there to renew the plates so the car could be inspected. Is 12+ hours each way plus hotel stay worth the savings?

 

[churchmouse]

Probably more like:
Motorist in highly regulated state, buys car without having it go through state inspection. Goes to plate it and discovers it wont pass inspection. Now he wants his money back because he cant drive it until he spends a ridiculous amount of money to fix.

No different than a guy walking into the gun store and buying a full size race gun, then wanting to bring it back because he cant run it in IDPA matches. "Sorry dude, if you had inspected it (brought the box) before buying it, you'd know it wouldnt work for you. Sucks to be you.


Wife's friend's entire family plate their cars there. I assume due to low taxes? Anyway I remember her saying she had to drive down there to renew the plates so the car could be inspected. Is 12+ hours each way plus hotel stay worth the savings?

Uh……..no

 

[Twangbanger]

I sold a house one time, full disclosure of all issues, inspections were performed, buyer took possession (she bought it for her kid), she had the old furnace thrown out, bought a new one, waited two months, then apparently thought about it some and tried to get me to pay. There was no warranty. Even if there was, I could not even have had the furnace inspected by my own contractor to verify the situation, because it was already in the scrapyard.

I told that birch to pound sand after 3 months on a house with a written contract. A used car after 6 months? You kidding me? Shee-et. That's a rapidly-depreciating mechanical asset, no telling what he's done to it since he had it. I wouldn't even bother with the pound sand part, I don't think I'd even acknowledge his communication with you. Treat it like a fart in the breeze...("Did you say something?").

 

[Longhair]

I didn’t (yes I see the purple). I sent him every picture and video he asked for. He bought it sight unseen from Texas and now half a year later he’s extra mad.

I'm sitting here drinking coffee waiting on a transport driver to pick up a truck I sold on bringatrailer.com as I type this. The truck is going to Arkansas after he won the auction 2 months ago.

I hope I don't have this problem, the truck is a 1953 military truck almost 70 years old, it's in very good condition but I would hope someone buying something like this would understand they may have an issue come up that the buyer may need to deal with. My auction had 130 pics and 2 videos.
I would never spend that much coin on something sight unseen.

Link to my auction below.

20-Years-Owned 1953 Dodge M37

Bid for the chance to own a 20-Years-Owned 1953 Dodge M37 at auction with Bring a Trailer, the home of the best vintage and classic cars online. Lot #52,012.

bringatrailer.com

 

[ChristianPatriot]

I'm sitting here drinking coffee waiting on a transport driver to pick up a truck I sold on bringatrailer.com as I type this. The truck is going to Arkansas after he won the auction 2 months ago.

I hope I don't have this problem, the truck is a 1953 military truck almost 70 years old, it's in very good condition but I would hope someone buying something like this would understand they may have an issue come up that the buyer may need to deal with. My auction had 130 pics and 2 videos.
I would never spend that much coin on something sight unseen.

Link to my auction below.

20-Years-Owned 1953 Dodge M37

Bid for the chance to own a 20-Years-Owned 1953 Dodge M37 at auction with Bring a Trailer, the home of the best vintage and classic cars online. Lot #52,012.

bringatrailer.com

Good luck to ya. I have a feeling this guy’s not going away but we’ll see.

 

[Longhair]

Good luck to ya. I have a feeling this guy’s not going away but we’ll see.

I think I read in your post you used paypal, if it's linked to your bank account that would bother me. I used a bank transfer which I'm told is the safest way to receive money.

Wishing you the best of luck!

 

[HoughMade]

OK- standard disclaimer. I cannot offer legal advice about your specific situation. This is for several reasons, not the least of which is that I do not have all of the details and I have not been hired. If I were to give specific legal advice, a court may find that we created an attorney-client relationship and that has a lot of down-side for me.

Anyhoo, if a transaction happened in a specific state and defendant lives in the same state, then, generally speaking, the person would have to sue in that state regardless of where the person suing lives. Beyond that, there always has to be service of process, but keep in mind that liars lie, so who knows what an unscrupulous person may tell a court in another state in order to get a judgment. If that were to happen, it can be a hassle to get the judgment set aside, but getting a lien on someone's house isn't that simple.

I say all that to say this- if I were actually sued and was not a lawyer, I would get a lawyer involved. Even being a lawyer, I may get someone involved. Now, with a threat of a lawsuit, would I let it ride and see what happens and whether a lawsuit actually gets filed? Yeah, that is probably what I personally would do (not telling you what to do because this is not legal advice).

Just as joe-average, non-lawyer, citizen of the world and former used car salesman, yeah, this has all the earmarks of trying to get something for nothing. It may well be that something went wrong with the car, who knows, but a rational, non a-hole, after 7 months, would not try this.

 

[tomcat13]

Caveat emptor...

"That's Latin Dawlin. Evidently Mr RIngo is an Educated Man."

 

[femurphy77]

Had a buddy on the opposite side of this one, he ultimately won the case because it was such an obvious attempt at fraud that even the judge recognized it immediately. My buddy got his money back eventually but it took several years and several thousand dollars.

I sold a car to a guy once sight unseen, he was in the sandbox at the time and had mentioned a brother in Illinois about an hour away. I begged the guy to have his brother come over and look at the car and even offered to trailer it over to his brother for inspection. He politely declined and the sale went thru without a hitch or later follow up complaint. Not ALL people are a55holes just enough to make it seem so.

 

[Notalentbum]

Since you used PayPal, I’d definitely close that account and sever any ties it may have had you your personal accounts. I’d maybe even go so far as to close the bank account your PayPal account was linked to. PayPal has a history of siding with buyers on disputes. I wouldn’t trust them.
Matt

 

[ChristianPatriot]

Since you used PayPal, I’d definitely close that account and sever any ties it may have had you your personal accounts. I’d maybe even go so far as to close the bank account your PayPal account was linked to. PayPal has a history of siding with buyers on disputes. I wouldn’t trust them.
Matt

PayPal returns are only up to 180 days. We’re well past that.