3 Months After Man Sells Car On FB Marketplace He Gets Sued, Asks Legal Community For Assistance
Buying and selling second-hand goods can be a good way to find a bargain, but there are also pitfalls you’ll need to avoid. An accurate description of the item’s condition can go a long way to avoiding buyer/seller disappointment. A bit of healthy haggling is to be expected too, especially when there’s cold, hard cash involved.
For one Reddit user, though, things turned sour just three months after he sold his vehicle to a woman via Facebook marketplace. The man has now turned to the Legal Advice subreddit to find out what his options are.
More info: Reddit
Selling a second-hand car may lead to an unhappy ending, as one Reddit user recently found out
Image credits: RL GNZLZ (not the actual photo)
The man sold his well-loved car “as is” to a woman through Facebook marketplace; 3 months later, she sued him
Image credits: Malte Luk (not the actual photo)
The woman raged on the phone about oil leaks and a rolled-back odometer, accusing the seller of being underhanded in the deal
Image credits: Andrea Piacquadio (not the actual photo)
He is now literally being forced to spend time in court over a bogus lawsuit and is asking Reddit if he can counter-sue
Image credits: u/wallace252
Bargain hunting is great. When you’ve put in the time to find a great deal and finally secured the item at a great price, you’ll likely feel at least a little dopamine coursing through your veins. We’re not going to lie; it can be downright rewarding. Maybe it’s got something to do with our ancient history of bartering, who knows?
As pretty much everyone knows, Facebook marketplace has become one of the most popular places to buy and sell items online. If it’s out there, it’s probably on FB marketplace.
One man decided to sell his car on the social platform to fund the down payment for his work cargo van, which he’s since purchased. He listed his Honda Pilot for $7600 and waited for a bite. Before long, he heard from a potential buyer. The woman in question took the car for a test drive for hours and loved it, deciding to purchase the vehicle then and there.
Three months later, though, the woman has turned around and sued him. She’s claiming $25,000 and has made the accusation that the car was sold to her faulty. For one thing, she’s experiencing oil leaks. For another, she’s claiming that the odometer on the vehicle has been rolled back. According to a mechanic she took the car to, this values the car at a mere $500.
OP doesn’t know what to do now, so he’s asking for advice. According to his post, he’s never touched the odometer. Furthermore, he says that he bought the vehicle with a clean title with an odometer reading to match, and has had several parts replaced, all of which he has receipts for and disclosed to the buyer at the time of sale. He even went as far as getting a whole new state inspection before selling the well-loved car.
OP also never gave the buyer a warranty, nor stopped her from having the car checked out by a mechanic before she bought it. As far as OP understands it, all private deals are considered “as is”. Now he’s asking Reddit whether or not he can counter-sue her for damages and time spent away from his job as a road cargo van driver while he’s stuck in court.
While the law on selling a second-hand car varies from state to state in the USA, it’s generally agreed upon that selling a vehicle “as is” exempts the seller from any responsibility having to do with the car’s condition once it’s sold.
Image credits: RDNE Stock project (not the actual photo)
According to an article on Adobe.com, if you’re in the market for a car, you might have come across the phrase “as is”. These two little words are common in car sale contracts and have legal implications, so it’s important to understand what they mean before you sign on the dotted line.
The article goes on to say that the legal term “as is” means that you are purchasing a car — or any item — in its current condition at the time of the sale. In addition, it means the car is being sold without any warranty coverage. As the buyer, you accept that repairs may be necessary now or in the future and that the seller is not responsible for making or paying for these repairs.
For example, let’s say you find an old sports car you want badly and agree to purchase “as is.” Six months later, if the engine needs to be replaced or the clutch has failed, the entire repair costs must come out of your own pocket, not the seller’s.
If you’re pondering buying an “as is” car, it’s crucial to understand how to budget for a car properly. This info will help you make a clever choice and avoid any unexpected surprises when talking to the seller.
To add to that, you need to be well aware of the nuances of an “as is” car sale contract, which could lead to unexpected challenges. Here’s a list of what to look for with an “as is” car sale contract:
- No warranty. This means that once the sale is finalized, the buyer assumes all responsibility for any repairs or issues.
- Thorough inspection. Consider hiring a trusted mechanic to assess the car’s condition.
- Vehicle history report. In order to understand the car’s past, you should consider requesting a vehicle history report.
- State laws. Some states have specific protections for buyers, while other states may favor the seller.
- Paperwork and title. Make sure the car sale’s paperwork is in order. The title should be clear of any liens and should be transferred to you once the sale is completed.
This all seems to suggest that OP isn’t to blame in this situation. What do you think of OP’s predicament? Is he in the right or the wrong, here? Let us know in the comments!
Redditors jumped to the man’s defense, claiming that it sounds like a shakedown and that the buyer doesn’t have a legal leg to stand on
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So many cases on Judge Judy where she repeats that second hand cars are sold as is. They will have to prove the odometer was rolled back and misrepresented; the defendant can sue them for the need to hire a lawyer if the suit is frivolous or malicious.
As a person born in Virginia, I can mention my knowledge about rolled back odometers. My uncle bought a car in Georgia years ago. He brought it to Virginia and drove it for years. He sold the car 'as is' to a local guy. The guy ran a car background check and found out that the odometer HAD been rolled back when the car was owned by the original owner in Georgia. Local guy sued my uncle and the local guy won. Reason being that my uncle did not do his due diligence regarding a proper background check on the vehicle. My uncle appealed the verdict. My uncle lost. He had to buy the car back and pay for the local guy's legal fees and the court fees. ALWAYS DO A CARFAX/BACKGROUND CHECK ON A VEHICLE.
That's wild and should be atypical for Virginia. Private vehicle sales in Virginia are automatically considered by law to be "as-is" and "buyer beware". While sellers do have a duty to disclose certain information, the odometer reading listed on the title at the time of sale to your uncle and then again by your uncle should have been sufficient evidence to protect him if he was not a dealer (dealers are held to a higher standard) and if it was not determined that he rolled the odometer back. Holding him to "due diligence" at the level of a dealer was incompetent on the part of the court failing to differentiate the laws pertaining to private party sales and dealership sales, imo (assuming, of course, he wasn't a dealer). I'm sorry your uncle had to deal with that. I can't say I'm surprised, though. I have encountered corrupt and faulty courts in Virginia, myself.
Load More Replies... So many cases on Judge Judy where she repeats that second hand cars are sold as is. They will have to prove the odometer was rolled back and misrepresented; the defendant can sue them for the need to hire a lawyer if the suit is frivolous or malicious.
As a person born in Virginia, I can mention my knowledge about rolled back odometers. My uncle bought a car in Georgia years ago. He brought it to Virginia and drove it for years. He sold the car 'as is' to a local guy. The guy ran a car background check and found out that the odometer HAD been rolled back when the car was owned by the original owner in Georgia. Local guy sued my uncle and the local guy won. Reason being that my uncle did not do his due diligence regarding a proper background check on the vehicle. My uncle appealed the verdict. My uncle lost. He had to buy the car back and pay for the local guy's legal fees and the court fees. ALWAYS DO A CARFAX/BACKGROUND CHECK ON A VEHICLE.
That's wild and should be atypical for Virginia. Private vehicle sales in Virginia are automatically considered by law to be "as-is" and "buyer beware". While sellers do have a duty to disclose certain information, the odometer reading listed on the title at the time of sale to your uncle and then again by your uncle should have been sufficient evidence to protect him if he was not a dealer (dealers are held to a higher standard) and if it was not determined that he rolled the odometer back. Holding him to "due diligence" at the level of a dealer was incompetent on the part of the court failing to differentiate the laws pertaining to private party sales and dealership sales, imo (assuming, of course, he wasn't a dealer). I'm sorry your uncle had to deal with that. I can't say I'm surprised, though. I have encountered corrupt and faulty courts in Virginia, myself.
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