Might be Screwed, need advice

[king bee66]

politicians can pass any law they want,, but i cant see any self respecting judge siding with a buyer that knowingly bought an "AS IS" car.   that law blows my mind,  but then, i live in texas where a handshake is still considered on par to a written contract.

[510Craven]

Did you put the actual sell price on the title transfer? I kno almost every car I have sold the buyer always asks to put less like $500 or something that way they pay less fees and taxes.

 

If you guys agreed to put some bs low number I would just offer him that back, take it or leave it. Tell him to take you to small claims and you'll end up paying the agreed upon price that is on legal documentation.

 

That's what happened when I sold my 240 that didn't smog. I made it clear it wouldn't smog and we both put down he paid $200. Wen he couldn't smog it i offered him $200 or leave me alone. He never got back to me. No one wants to take it to court so just call his bluff and throw some of your own bluffs at him

 

If you put the real price paid well I have no real advice their. Good luck hope this helps

[king bee66]

Did you put the actual sell price on the title transfer? I kno almost every car I have sold the buyer always asks to put less like $500 or something that way they pay less fees and taxes.

 

 

this doesnt work where i am anymore, they run the bluebook value and place it in the fair condition, no matter the price.  i bought a 97 altima recently and the friend that sold it to me wrote 700$,  but i still ended up paying taxes for a 1300$ vehicle. bummed me out, man.

[510Craven]

 

this doesnt work where i am anymore, they run the bluebook value and place it in the fair condition, no matter the price. i bought a 97 altima recently and the friend that sold it to me buy 700$, but i still ended up paying taxes for a 1300$ vehicle. bummed me out, man.

Dam really? That sucks. I'm in San Joaquin valley and not sure if its like that here. I don't think it is but the last cars i bought were datsuns which idt has a blue book. blue book on a 240 cant bethat much tho.

 

Besides if they were to order him to pay back the cars price "if" it did go to small claims wouldn't they do it for the agreed upon price on the documents? Just my thinking but haven't read up on ca dmv In a while

[yellowdatsun]

If the title is already in his name, then disregard what I wrote previously, it's his problem now. Everyone buys used cars knowing there's problems. If he didn't know there was an issue smogging a non-US engine, then that's his problem for not knowing what he was buying.

 

BUT, you mentioned he's making payments, so if he still owes you money then you've kinda screwed yourself. *Never* sell a car to someone who's making payments, unless it's a really good friend, because these things always seem to go south. Unless you can make yourself a lien holder on the car, which you can do in AZ, but it's still a pain and not worth the effort. If he hasn't even paid you for all/most of it yet, give him back what he has given you so far, take the car back, and be done with it. It will be worth losing a couple bucks just to be done with the hassle. Then sell it to someone who's not going to jack you around.

[racerx]

Yep..no more payments, got screwed by so called friends. To me, i w ould do what i can to work sometin out w buyer. Not worth going to court. Better to be happy than right. Eithetr way lesson learned and hope things turn out okay.

[M240Z]

Hes all paid off, doesn't owe me any more $.

That's a good idea about offering him $500 which is what we put on the bill of sale but I did the contract with him to make him pay me back the money. It has the actual amount I sold the car for.

 

Just got off the phone with the DMV and they said if I have it in writing that buyer must smog and he agrees to it then that's the agreement, I am protected

[izzo]

And now you know... From here out, you know what to do to cover your ass when selling a rig.

 

 

[M240Z]

Haha I hope I'm going to make several more calls and a trip to the DMV tomorrow just to be sure.

[510Craven]

Good deal glad to here and good to kno for the future.

 

And you sold the car for $500 and u financed the engine and rims for the actual price paid ;)

[M240Z]

Well see tomorrow if it works that way for sure. Hopefully! I need $ for my Z

[M240Z]

So, I'm screwed. I went into the DMV today to talk to someone in person and they told me to talk to BAR. I called bar and they told me that my contract was illegal since it goes against the law, as someone mentioned before. Sweet!

[its_karl]

just repossess it if he fails to pay, that should be legal right?

[M240Z]

Haha I WIsh! I Just Paid TheDude $500 And Told Him To F Off. I Still Made A Good Profit Off That Car.

[izzo]

Granted the fact you gave the guy 500, that doesn't really resolve the issue. I'd be worried hell come back for more and try to screw you over if you don't pay up.

[racerx]

Do the best you can to move on..not worth hagling with he guy.  To me, this is a lesson learned and we all make mistakes.  There are too many assumptions and even now that people respond. Other states will be different than Calif.  Just because it's like that in one state, it does not mean it will be like that in other states.  Back in the days,  I had a 1981 Ford Fiesta and sold it to this guy.  I did all the paperwork and he was supposed to mail the liability form, well he did not.  Good thing I had a written receipt and had his address and phone number.  Well I started receiving notices about unpaid parking tickets, 5 of them.  Because I had his address and phone number, I had him go with me to the DMV and straigthen out the whole thing. 

 

Lesson number 1:  I should have taken care of the liability form and mailed it and made a copy.

 

Lesson number 2:  As Ronald Reagan said "Believe but verify"

 

Lesson number 3:  Get the facts from the source, in this case DMV.  I know people are trying to help but do we really know unless, of course, we went through a similar scenario that the seller went through and even then the outcome may be different.

 

Just hope for the best....

[Ranbat]

So, what if the seller had written up a contract saying the engine and the car were sold separately? Is that a possible loop hole?

[its_karl]

hindsight is 20/20, sell as inop with contract best option for California?

[Dguy210]

So, what if the seller had written up a contract saying the engine and the car were sold separately? Is that a possible loop hole?

 

 

hindsight is 20/20, sell as inop with contract best option for California?

 

 

There is not supposed to be a loophole to sell. What you have to understand is California does not want you selling old cars, they want you to scrap them and buy a new one. So anything they can do to make it more difficult they will.  Really the only reason we have any smog exempt cars is they were grandfathered in under the old law, which they repealed.

 

TL;DR fuck CARB, fuck BAR, fuck California