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timstar92404

Joined: 22 Sep 2004 Posts: 2075 Location: richmond BC
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Posted: Sun May 07, 2006 4:31 pm Post subject: Buyer blows my engine wants to sue me. |
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Ok I'm so pissed right now, just came home from work to hear this crap.
today the guy from ebay from Ontario comes and pays me 1500 for my car down from 2000 from the ebay auction, then now he has phoned and wants a refund of at least half of that, 750 or wants to get the full money back and tow the 924 back to my house.
the car was running good, no overheating, had oil, I drove the car to and back from school many times only 15 minute drive but I drove the car a lot and it never had a major problem.
now he says the engine is toast he blew a rod and he says he took it to Canadian tire and they removed the oil pan and its full of metal. He claims he only drove the car at 50 km/h on the highway from Richmond to merit and took 3 hours of driving and said the engine started making ticking noises and then it blew. This doesn't sound exactly truthful to me.
He says there is a 7 day refund policy for used cars that ICBC told him and he's threatening to sue me.
I'm really pissed off I'm not familiar with this law. If this guy is telling the truth I feel bad for him but I don't think I should pay him 1 penny. He was going to drive the car to calgary and then tow it to Ontario from there.
I'm not sure if I should take him to court, pay him 750 and end up with only 750 for the car or take the car back from him and give him his whole money which is what I'm thinking to do if I have to legally pay him.
I just want to take the car back because I'm pissed off.
what do you guys think i should do , I have to phone him back soon he says he is in a motel in Merit BC and the car is at a Canadian tire.
This is the last time I'm selling anything on Ebay.
I phoned the guy and told him I have to think about this and told him I have no idea what he did with the car or what happened. The car had oil when it left my house was running and we drove it to the insurance place and got gas and it wasn't making any strange sound. His answer to this was " but the muffler was loud and stuff" _________________ 78 924 sold.
85.5 944 |
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timstar92404

Joined: 22 Sep 2004 Posts: 2075 Location: richmond BC
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Posted: Sun May 07, 2006 4:40 pm Post subject: |
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any advice? _________________ 78 924 sold.
85.5 944 |
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Raceboy

Joined: 01 Mar 2004 Posts: 2327 Location: Estonia, Europe
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Posted: Sun May 07, 2006 4:42 pm Post subject: |
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Are you serious?
DON'T even consider taking the car back!
That would be the most stupid thing to do and don't give the guy ANY refunds. _________________ '83 924 2.6 16v Turbo, 470hp
'67 911 2.4S hotrod
'90 944 S2 Cabriolet
'78 924 Carrera GT replica
'84 928 S, sold
'91 944 S2, sold
'82 924S/931 "Gulf", sold
'84 924, turbocharged, sold.
http://www.facebook.com/vemsporsche |
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timstar92404

Joined: 22 Sep 2004 Posts: 2075 Location: richmond BC
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Posted: Sun May 07, 2006 4:48 pm Post subject: |
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ok this guy is Crazy though. when he bought the car he was asking me if he could use my insurance to drive it back to Calgary because he owed 1500 to BC insurance and they didn't want to let him insure the car so he had to pay 1500 bucks which he claims his son owns....
he now blows a rod or whatever and destroys the engine and says the law is that within 7 days he should get a refund. he says he is a reasonable guy and wants half the money back and is threatening to sue me if I don't pay him or take the car back. _________________ 78 924 sold.
85.5 944 |
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Stampedetrail

Joined: 29 May 2005 Posts: 274 Location: Fairbanks, Alaska
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Posted: Sun May 07, 2006 4:56 pm Post subject: |
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You dont have any proof that the engine blew up except his word. Might be a scam? If so, ignore it (i.e. call the repair shop in calgary & verify). If not, well then it is up to you personally. _________________ 1977.5 924 "Martini" head / New Old Stock rebuild
1985.5 944 Why? Because I can. |
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timstar92404

Joined: 22 Sep 2004 Posts: 2075 Location: richmond BC
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Posted: Sun May 07, 2006 5:02 pm Post subject: |
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it's not in Calgary. He claims he drove it from Richmond where I live to Merit BC and took 3 hours to drive. He says he only drove it at 50km/h which sounds like total bullshit so I don't believe the rest is totally truthful. He says the car is at a Canadiantire shop there. He says, he has a porsche 944 and he never drives his porsches fast. sounds like he isn't telling me everything...... _________________ 78 924 sold.
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timstar92404

Joined: 22 Sep 2004 Posts: 2075 Location: richmond BC
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Posted: Sun May 07, 2006 5:09 pm Post subject: |
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anyone know the what I should do legally. Like you said I have no clue if this guy is scamming me or if he did something to the car to cause the blown engine like overreving it or somthing.
I"ve never heard of something like this. You can buy a used car and if the engine blows the same day in your possession you can get a refund or sue the seller. I'm certain this guy would lose in court but I don't want the headache of going to court and fighting with some idiot. I'm not a mechanic or a psychic , the engine had no problems in the years that I've owned it. _________________ 78 924 sold.
85.5 944 |
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Khal

Joined: 26 Sep 2003 Posts: 4872 Location: Sunny and lovely interior BC, Canada
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Posted: Sun May 07, 2006 5:19 pm Post subject: |
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| timstar92404 wrote: | | anyone know the what I should do legally... |
See a lawyer? _________________ '80 924 Turbo |
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Min

Joined: 04 Nov 2002 Posts: 2368 Location: Vernon, British Columbia, Canada
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Posted: Sun May 07, 2006 5:32 pm Post subject: |
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This sounds like the work of a scam artist ..... Don't give him any money. I'm not aware of any ICBC used car return policy (why would the insurance company of bc have a policy regarding used car sales again?) This was a private sale, if the car did in fact blow a rod, its the buyers responsibility now.
Don't give him any money, and don't respond to him anymore. Its his problem now.
Min _________________ Custom means it didn't come from a box.
1980 n/a with EDIS and Megasquirt II Injection. 7 different colors and counting. |
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timstar92404

Joined: 22 Sep 2004 Posts: 2075 Location: richmond BC
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Posted: Sun May 07, 2006 5:41 pm Post subject: |
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yeah but I don't want to drag this, I already have a big headache. This is funny, I'm planning on going to law school.
I did some searching and according to the info I found, private party sales are almost always "as is" sales. I did not deceive the buyer in anyway. There were no strange engine sounds or problems with the engine when I drove the car with the buyer. So when the car left my house and was under the control and name of the buyer how the hell should I know what happened to the car and even if he's completely honest it should not be my responsibility. I did not make any warranty claims or claims that the car would not break. I said the car was running well and it did. When he came her and we drove together to the insurance and gas station and back to my house there were no strange engine sounds and the car was driving like usual.
now my mom is pushing me to pay the guy because a "used car shouldn't break in 3 hours".
Legally I'm 99% sure, I owe nothing to this guy. Sure he can go and try and sue me and threaten me but he'll get nothing at least to my knowledge.
the only reason I should pay him money is out of the good of my heart. If he's telling the truth, yes he had bad luck and got screwed but it was not my fault. I did not hand him a car with blown engine and wasn't trying to mask a blown engine.
unfortunately I'm probably going to have to make a deal with the guy and lose my money just so I can save myself from a long headache.
I can understand he would be angry that the car is broken but people are stupid I don't believe the crap about used cars from a private sale having a 7 day return policy if the car craps out. _________________ 78 924 sold.
85.5 944 |
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timstar92404

Joined: 22 Sep 2004 Posts: 2075 Location: richmond BC
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Posted: Sun May 07, 2006 5:46 pm Post subject: |
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I would tell this guy to go sue me. but the problem is my mom doesn't get this and feels bad for the guy and things he actually has legal rights for blowing the engine....
If he is not a scam artist I feel bad for him but I don't want to screw myself to help him out.
If there is a law such as this (my mom believes it) then it sounds great I can go buy a some 30 year old car and drive it across canada for 7 days and if it breaks I can go sue the seller or get some refund. _________________ 78 924 sold.
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timstar92404

Joined: 22 Sep 2004 Posts: 2075 Location: richmond BC
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Posted: Sun May 07, 2006 6:22 pm Post subject: |
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I'm thinking of just getting a lawyer. I won't cry about losing the money, it's just money but I don't want to feel like a idiot giving up all my rights and making someone believe that I am obligated to pay them. If this is a legal issue I have no problem paying the guy. But if this guy just wants money because of his tough luck or stupidity, screw him not paying people money that they have no right to.
I just don't know if this guy is crazy or what, he knows where I live so that's not good. _________________ 78 924 sold.
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timstar92404

Joined: 22 Sep 2004 Posts: 2075 Location: richmond BC
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Posted: Sun May 07, 2006 6:25 pm Post subject: |
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I just phoned him at his motel and the lady says that me went out to the pub and won't be back for a while. _________________ 78 924 sold.
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gohim
Joined: 02 Nov 2002 Posts: 4459 Location: Rialto, CA
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Posted: Sun May 07, 2006 6:30 pm Post subject: |
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Tim, I usually don;t reply to your posts any more because you don't bother to read the replies or pay any attention to the answers.
But here is my one reply to your "I'm selling my car topic", because I sincerely hope that your selling the car means that you are going away and NEVER COMING BACK.
You were stupid to give the Buyer a $500 discount in the first place, unless you know that the car is defective and should have gone to the junkyard instead of being sold to some unsuspecting slob.
If you honestly disclosed every defect that you knew about on the car, and sold it As-Is, then you are done. You don't owe the Buyer anything.
You look like an easy touch to the Buyer, why do you think he asked you to use your Insurance to cover his car on his trip?
The Buyer may, or may not have blown up his engine. The POINT IS, IT'S HIS ENGINE. Here in the U.S. the Lemon Laws, and Buy Purchase Unwind Laws do not apply to Private Sales. Since you want to be a Lawyer, why don't you do some research at a Law Library in Canada(online or physical) and do some research yourself instead of bugging us?
AFTER YOU DO RESEARCH, IF YOU ARE ON SAFE GROUND, LET THE BUYER TAKE YOU TO COURT, REPRESENT YOURSELF, AND LET THE CHIPS FALL WHERE THEY MAY. |
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morghen

Joined: 21 Jan 2005 Posts: 9102 Location: Romania
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Posted: Sun May 07, 2006 6:39 pm Post subject: |
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dude here if you buy a car..its yours...if you're stupid enough not to take it to a mecanic to see it or at least check it up yourself before paying for it...then you're done...the car is yours and if it beaks 1 meter outside the guys garage its your problem...its your car...there is no law that says that you should refund a guy who bought an old used car from you and he broke it.....wtf??!!!
What you need to do before paying for a lawyer is to go down to that shop YOURSELF and check the car...dont phone or anything...just go there and check the car. Also dont give him money. Then go and ask a layer if there is such a law to be 100% sure...but try not to make a session out of that question...he might charge you
Then if you are safe let things happen. I dont think he will sue you...i think this is just a trick. _________________ Supercharger and EFI kits
https://www.the924.com
Last edited by morghen on Sun May 07, 2006 6:43 pm; edited 1 time in total |
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