Vancouver Off-Topic / Current Events The off-topic forum for Vancouver, funnies, non-auto centered discussions, WORK SAFE. While the rules are more relaxed here, there are still rules. Please refer to sticky thread in this forum. |  | |
06-12-2010, 04:17 AM
|
#26 | I *heart* Revscene.net very Muchie
Join Date: Sep 2002 Location: vancouver
Posts: 3,824
Thanked 7,318 Times in 647 Posts
Failed 502 Times in 112 Posts
|
tell him u'll sue him back for scamming and threats
|
| |
06-12-2010, 04:35 AM
|
#27 | OMGWTFBBQ is a common word I say everyday
Join Date: Dec 2008 Location: Richmond
Posts: 5,097
Thanked 2,886 Times in 986 Posts
Failed 221 Times in 82 Posts
|
LOL 3 weeks has passed?
is that guy fucking kidding you?
the second he pulled out of the driveway its all his responsibility now
|
| |
06-12-2010, 05:05 AM
|
#28 | ...in the world.
Join Date: Oct 2001 Location: Richmond
Posts: 28,466
Thanked 7,636 Times in 2,321 Posts
Failed 609 Times in 221 Posts
|
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.
|
| |
06-12-2010, 05:40 AM
|
#29 | Banned (ABWS)
Join Date: Oct 2006 Location: MacLeod
Posts: 7,298
Thanked 542 Times in 289 Posts
Failed 1,639 Times in 418 Posts
| 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.
|
| |
06-12-2010, 05:45 AM
|
#30 | My dinner reheated before my turbo spooled
Join Date: Oct 2002 Location: Coquitlam
Posts: 1,798
Thanked 91 Times in 34 Posts
Failed 200 Times in 21 Posts
|
keep us updated
it is probably not worth the hassle to proceed with small claim court.
what is the car value btw?
|
| |
06-12-2010, 05:52 AM
|
#31 | Banned (ABWS)
Join Date: Oct 2006 Location: MacLeod
Posts: 7,298
Thanked 542 Times in 289 Posts
Failed 1,639 Times in 418 Posts
|
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.
|
| |
06-12-2010, 06:13 AM
|
#32 | Rs has made me the woman i am today!
Join Date: Mar 2010 Location: PM
Posts: 4,479
Thanked 3,349 Times in 843 Posts
Failed 207 Times in 86 Posts
|
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.
|
| |
06-12-2010, 07:05 AM
|
#33 | I Will not Admit my Addiction to RS
Join Date: Apr 2008 Location: North Vancouver
Posts: 584
Thanked 194 Times in 59 Posts
Failed 164 Times in 42 Posts
|
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".
|
| |
06-12-2010, 07:23 AM
|
#34 | I contribute to threads in the offtopic forum
Join Date: Mar 2010 Location: richmond
Posts: 2,513
Thanked 1,352 Times in 445 Posts
Failed 192 Times in 79 Posts
| 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 |
| |
06-12-2010, 07:26 AM
|
#35 | I wish I was where I was when I wished I was here
Join Date: Feb 2010 Location: West Coast
Posts: 4,932
Thanked 3,098 Times in 733 Posts
Failed 703 Times in 219 Posts
|
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"?
Last edited by hchang; 06-12-2010 at 07:31 AM.
|
| |
06-12-2010, 07:43 AM
|
#36 | Certified Troll: Access Removed
Join Date: Mar 2009 Location: Coquitlam
Posts: 697
Thanked 143 Times in 49 Posts
Failed 63 Times in 29 Posts
|
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.
|
| |
06-12-2010, 08:14 AM
|
#37 | Everyone wants a piece of R S...
Join Date: Apr 2005 Location: BC/ON
Posts: 365
Thanked 332 Times in 43 Posts
Failed 64 Times in 12 Posts
|
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.
|
| |
06-12-2010, 08:15 AM
|
#38 | Hacked RS to become a mod
Join Date: Feb 2002 Location: Sunny Hong Kong
Posts: 54,437
Thanked 25,328 Times in 8,862 Posts
Failed 1,559 Times in 707 Posts
|
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.
|
| |
06-12-2010, 08:15 AM
|
#39 | Banned (ABWS)
Join Date: Oct 2006 Location: MacLeod
Posts: 7,298
Thanked 542 Times in 289 Posts
Failed 1,639 Times in 418 Posts
|
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.
|
| |
06-12-2010, 08:50 AM
|
#40 | Captain Happy Bubble is my Homeboy
Join Date: Mar 2004 Location: Vancouver
Posts: 301
Thanked 42 Times in 13 Posts
Failed 31 Times in 7 Posts
|
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.
|
| |
06-12-2010, 08:54 AM
|
#41 | Rs has made me the woman i am today!
Join Date: Mar 2010 Location: PM
Posts: 4,479
Thanked 3,349 Times in 843 Posts
Failed 207 Times in 86 Posts
|
respond with
"My dad is a hitman, try me."
|
| |
06-12-2010, 08:59 AM
|
#42 | I wish I was where I was when I wished I was here
Join Date: Feb 2010 Location: West Coast
Posts: 4,932
Thanked 3,098 Times in 733 Posts
Failed 703 Times in 219 Posts
| 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."
|
| |
06-12-2010, 08:59 AM
|
#43 | WOAH! i think Vtec just kicked in!
Join Date: Feb 2010 Location: B.C
Posts: 1,659
Thanked 2,532 Times in 446 Posts
Failed 358 Times in 70 Posts
|
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
|
| |
06-12-2010, 09:01 AM
|
#44 | I wish I was where I was when I wished I was here
Join Date: Feb 2010 Location: West Coast
Posts: 4,932
Thanked 3,098 Times in 733 Posts
Failed 703 Times in 219 Posts
| 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.
|
| |
06-12-2010, 09:15 AM
|
#45 | Captain Happy Bubble is my Homeboy
Join Date: Oct 2005 Location: Vancouver
Posts: 319
Thanked 10 Times in 3 Posts
Failed 4 Times in 1 Post
| 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.
|
| |
06-12-2010, 09:16 AM
|
#46 | Captain Happy Bubble is my Homeboy
Join Date: Oct 2005 Location: Vancouver
Posts: 319
Thanked 10 Times in 3 Posts
Failed 4 Times in 1 Post
| 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~
|
| |
06-12-2010, 09:18 AM
|
#47 | Captain Happy Bubble is my Homeboy
Join Date: Oct 2005 Location: Vancouver
Posts: 319
Thanked 10 Times in 3 Posts
Failed 4 Times in 1 Post
| 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.
|
| |
06-12-2010, 09:21 AM
|
#48 | Captain Happy Bubble is my Homeboy
Join Date: Oct 2005 Location: Vancouver
Posts: 319
Thanked 10 Times in 3 Posts
Failed 4 Times in 1 Post
| 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.
|
| |
06-12-2010, 09:26 AM
|
#49 | Captain Happy Bubble is my Homeboy
Join Date: Oct 2005 Location: Vancouver
Posts: 319
Thanked 10 Times in 3 Posts
Failed 4 Times in 1 Post
| 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.
|
| |
06-12-2010, 09:26 AM
|
#50 | Ricer Mod
Join Date: Mar 2005 Location: Smithers
Posts: 7,008
Thanked 5,276 Times in 1,501 Posts
Failed 214 Times in 74 Posts
|
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.
__________________
President of RS Beat Down Crew
|
| |  | |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | All times are GMT -8. The time now is 11:02 AM. |