REVscene - Vancouver Automotive Forum

LUUUUUUUU · 06-12-2010, 04:17 AM

tell him u'll sue him back for scamming and threats

Qmx323 · 06-12-2010, 04:35 AM

LOL 3 weeks has passed?

is that guy fucking kidding you?

the second he pulled out of the driveway its all his responsibility now

Ronin · 06-12-2010, 05:05 AM

Did you write in the e-mail that your clutch is just fine or did you just say so verbally? If you just told him when he asked, he has no way of proving anything.

However, regardless, you are not obligated to do anything for him. Private sale = buyer beware.

orange7 · 06-12-2010, 05:40 AM

Quote:

Originally Posted by chucki

I mean, I would like to think that way, but what I want to know is legally, am I obligated?

he's scaring you to make you pay for half. If what he said is correct, why didn't he just tell you to pay for 100% of it?

The law in Canada is fucked up, but not that fucked up.

you're fine.

valent|n0 · 06-12-2010, 05:45 AM

keep us updated
it is probably not worth the hassle to proceed with small claim court.

what is the car value btw?

orange7 · 06-12-2010, 05:52 AM

just tell him that "it's HIS car, and he bought it USED."

What da eff did he expect? That a used car will work flawlessly. He should've done his hwk and got an inspection. It's not the seller responsibility.

When i helped my cousin sold his imprezza the buyer had to spend money to buy a carfax and do an inspection, even though the car wasn't his yet. It's his responsibility in the end.

You didn't know anything, so screw him. Even if you did, it was still his fault for not getting it inspected.

Jgresch · 06-12-2010, 06:13 AM

Easy Fix:
Tell him to take out his insurance papers from the vehicle. Ask him whos name is on the papers, tell him thats who's paying for it.

If the clutch was fine for you and all of a sudden "blown" for him (I'm not sure how a clutch just dies instantly unless you're terrible at driving lol) then it was clearly something that he was doing that resulted in the failed clutch.

ericthehalfbee · 06-12-2010, 07:05 AM

Let's say you took your car to a mechanic and the mechanic told you the head gasket is going. It's just starting to go so it still drives fine now, but within a few weeks or months it'll go completely and you'll need a head gasket and it will cost $1,500.

You decide to sell the car before it breaks down.

Now a buyer comes along and asks you a "direct question". He asks if, to your knowledge, is there anything wrong with the car. You reply "no" (which is a lie since you just had your car checked).

In this specific case, you would be liable. The problem is, how would the buyer know you told a lie? He'd have to find the mechanic that checked your car to discover you knew about the head gasket. So even though you are legally liable, the buyer could never prove it. So you still win (although Karma may come around to get you later for knowingly selling a defective car).

Now in your case, you never had the car checked. Even if you did, there's no way for a mechanic to look at your car and say "your clutch has 50% remaining". It's not like brakes where you can look at the pads/rotors and see the condition. A clutch is diagnosed by how it drives since nobobdy is going to remove a transmission just to see how the clutch is.

Therefore, it's unreasonable for him to ask a question like "is the clutch OK" and expect it to mean it's going to last xx years. Mechanics can't predict when an internal component in an engine or transmission is going to wear out/fail, so why should a buyer expect that you would know the condition of an internal component?

Just be polite and say since the car worked fine when you had it and the new owner has had it for 3 weeks, then you don't feel you are responsible. Don't say anything ignorant or smartass and make sure to be blunt and to the point. If he does decide to sue you, he's not going to win, but it's better not to give him something he can show the judge (like an e-mail where you tell him "too bad, fuck off".

vafanculo · 06-12-2010, 07:23 AM

Quote:

Originally Posted by orange7

he's scaring you to make you pay for half. If what he said is correct, why didn't he just tell you to pay for 100% of it?

The law in Canada is fucked up, but not that fucked up.

you're fine.

Ya I was gonna say same thing. If it really was your fault it would be 100% or total refund..

In the future though it's best to always throw things in like "as far as I know" or "to best of my knowledge", just to cover your ass.
Posted via RS Mobile

hchang · 06-12-2010, 07:26 AM

Legally no, you are not obliged.

Morally, you can if you want. But I wouldn't give a shit.

He's the dumb ass who didn't check the car thoroughly before buying it, which is his own stupidity.

The thing about you misinterpreting it is half true, but I really don't think taking $1700 to Small Claims Court is true. The law is that you can give a vague answer, but you can't knowingly misinterpret something. So you could've said "I'm not sure" about the clutch and you would've been fine, but maybe then he would've checked the clutch.

Any who, again, the guys a fucking dumb ass if you were open for inspections yet he neglected to do so.

Did you guys sign a Bill of Sale selling the car "AS IS"?

BD2002 · 06-12-2010, 07:43 AM

Not responsible.

Ask him if his attorney father knows how long of a time frame you would be responsible for, and then call him a fag.

Seriously WTF?

"I bought this car 11 years ago, and you told me the compression test was good! It's not now... WTF you're responsible!!"

Yea.. no.

jstn86 · 06-12-2010, 08:14 AM

Do Not Pay A Single Cent.

You said that he is a father of two and mature. Hell then he should know better.
Buyer beware! Unless you two had a written and signed contract documenting that the car will not break down and you will be responsible, you don't have to do anything.

Just tell him that you feel sorry for him but there's nothing you can do and there's nothing he can do.

He is just pissed that his car broke down and wants to save some money on repairs.

SkinnyPupp · 06-12-2010, 08:15 AM

He's just seeing if you're a weak ass pussy who will just pay to "make the problem go away". A lot of people are like that. Don't be like that.

orange7 · 06-12-2010, 08:15 AM

this case is stupid to even argue.

the buyer didn't want to spend money to inspect the car, and now he wants you to pay for the repair.

anti_rice · 06-12-2010, 08:50 AM

buying a used car privately is always an "AS IS" clause. Unless both parties state it on a written document that there is some kind of warranty. Who knows if joe blow blew the clutch when he drove it back home? You are not obligated to pay him anything and his "my dad's an attorney" crap is just to scare you. I bet he is not an attorney. It is the buyers responsibility to make sure what he buys is in good condition and should be inspected prior to purchasing. I would just start ignoring his messages and go on with life.

Jgresch · 06-12-2010, 08:54 AM

respond with
"My dad is a hitman, try me."

hchang · 06-12-2010, 08:59 AM

Quote:

Originally Posted by Jgresch

respond with
"My dad is a hitman, try me."

That.

Reword it to exactly how he said it.

"I spoke with my father, who's a hitman, he said that because you're such a fucking dumb ass he's agreed to do this job for free for me."

Grim · 06-12-2010, 08:59 AM

give him your left middle finger and say this is for being a fucking retard,
then give him your right middle finger and say, '' buyers beware motherfucker ''

if u like u could cross your arms and give him another fuck you and say, gtfo outta my lawn before i bat u down

hchang · 06-12-2010, 09:01 AM

Quote:

Originally Posted by Grim

give him your left middle finger and say this is for being a fucking retard,
then give him your right middle finger and say, '' buyers beware motherfucker ''

if u like u could cross your arms and give him another fuck you and say, gtfo outta my lawn before i bat u down

OP was contacted through e-mail.

chucki · 06-12-2010, 09:15 AM

Quote:

Originally Posted by Ronin

Did you write in the e-mail that your clutch is just fine or did you just say so verbally? If you just told him when he asked, he has no way of proving anything.

However, regardless, you are not obligated to do anything for him. Private sale = buyer beware.

It was written in the e-mail, with the exact phrase "Clutch still grabs strong, can do uphill starts with 4 occupants with no slipping at all". That is true at the time of it being written, and I did not notice anything wrong with the clutch.

chucki · 06-12-2010, 09:16 AM

Quote:

Originally Posted by valent|n0

keep us updated
it is probably not worth the hassle to proceed with small claim court.

what is the car value btw?

$7000 with repairs at $1700~

chucki · 06-12-2010, 09:18 AM

Quote:

Originally Posted by Jgresch

Easy Fix:
Tell him to take out his insurance papers from the vehicle. Ask him whos name is on the papers, tell him thats who's paying for it.

If the clutch was fine for you and all of a sudden "blown" for him (I'm not sure how a clutch just dies instantly unless you're terrible at driving lol) then it was clearly something that he was doing that resulted in the failed clutch.

He stated that the clutch fluid has been leaking for a while, which he states is the cause for the damage.

chucki · 06-12-2010, 09:21 AM

Quote:

Originally Posted by ericthehalfbee

Let's say you took your car to a mechanic and the mechanic told you the head gasket is going. It's just starting to go so it still drives fine now, but within a few weeks or months it'll go completely and you'll need a head gasket and it will cost $1,500.

You decide to sell the car before it breaks down.

Now a buyer comes along and asks you a "direct question". He asks if, to your knowledge, is there anything wrong with the car. You reply "no" (which is a lie since you just had your car checked).

In this specific case, you would be liable. The problem is, how would the buyer know you told a lie? He'd have to find the mechanic that checked your car to discover you knew about the head gasket. So even though you are legally liable, the buyer could never prove it. So you still win (although Karma may come around to get you later for knowingly selling a defective car).

Now in your case, you never had the car checked. Even if you did, there's no way for a mechanic to look at your car and say "your clutch has 50% remaining". It's not like brakes where you can look at the pads/rotors and see the condition. A clutch is diagnosed by how it drives since nobobdy is going to remove a transmission just to see how the clutch is.

Therefore, it's unreasonable for him to ask a question like "is the clutch OK" and expect it to mean it's going to last xx years. Mechanics can't predict when an internal component in an engine or transmission is going to wear out/fail, so why should a buyer expect that you would know the condition of an internal component?

Just be polite and say since the car worked fine when you had it and the new owner has had it for 3 weeks, then you don't feel you are responsible. Don't say anything ignorant or smartass and make sure to be blunt and to the point. If he does decide to sue you, he's not going to win, but it's better not to give him something he can show the judge (like an e-mail where you tell him "too bad, fuck off".

Thanks for the reply, but as stated in the previous post, he said it was the leaking fluid that caused the damage, which according to his mechanic, has been leaking for a while.

chucki · 06-12-2010, 09:26 AM

Quote:

Originally Posted by hchang

Legally no, you are not obliged.

Morally, you can if you want. But I wouldn't give a shit.

He's the dumb ass who didn't check the car thoroughly before buying it, which is his own stupidity.

The thing about you misinterpreting it is half true, but I really don't think taking $1700 to Small Claims Court is true. The law is that you can give a vague answer, but you can't knowingly misinterpret something. So you could've said "I'm not sure" about the clutch and you would've been fine, but maybe then he would've checked the clutch.

Any who, again, the guys a fucking dumb ass if you were open for inspections yet he neglected to do so.

Did you guys sign a Bill of Sale selling the car "AS IS"?

No, there was no Bill of Sale, we just went straight to ICBC and did the transfer with him giving me the check. I think I will do that from now on for any future car sales just to prevent things like this to happen again.

Berzerker · 06-12-2010, 09:26 AM

HAHAHA Leaking clutch fluid does NOT affect the clutch itself it only affects the application of the clutch. IF it was out of fluid he would not have been able to press the clutch anyways and it in no way affects the actual clutch itself. He is trying to fuck with you don't play the game and tell him you are under no obligation to recoup any losses on his behalf and that any further contact should be through the court system.

Berz out.