Sold my truck... what are my legal rights?

[jsledder]

Sold my truck tonight to a 21 year old "kid". He and his Uncle came and looked at it and drove it and decided he wanted it. So we cleaned out and did the paper work and away he went. I made out a bill of sale and it stated that the sale is final and there was no warranty or guarantee implied or expressed.

This is where it gets interesting..... 30 minutes later he calls me and says he is 20 miles from town and the truck is smoking "bad" and that it's white smoke and wants to know if I have any idea what it could be. I just sat there in disbelief for a minute and told him I have no idea what it could be because it's never smoked while I've had it other than the usual black smoke you get when "gettin' after it" and the puff of blue when it starts up. I drive that thing every day and haven't had 1 issue mechanically wrong with it, I just got back from a 1800 mile trip last week with absolutely no smoke and now all of a sudden 20 miles after someone else gets behind the wheel it's smoking???? I told him I would come and get it and give him his money back and how I couldn't believe that there could be something wrong with it and I wouldn't have sold it if there was and don't want to stick someone with something that has a problem. He went on and on about how he didn't think I sold it knowing it had a problem and he knows things can happen and if he broke something he didn't think I should have to pay for it..... so he decided to go on home and have his mechanic look at it and fix whatever it is. When I was cleaning it out after they got back from their 5 minute test drive I found my billfold on the floor, that was odd and got my attention because it stays in the cubby hole in the dash and the only way it could have gotten on the floor was either they put it there or it ended up there after a very hard acceleration. (I'm guessing the later) It didn't smoke at all while he drove it (he said so) didn't smoke at all in the driveway while we talked or the whole time he was here.

Now, am I going to get a notice from the bank that the check has been stopped and a phone call from some redneck telling me that I either need to replace a blown up motor or come get the truck? Could it be possible? Even if he rodded the piss out of it and inflicted the damage do I have any rights or am I just screwed if there is something major wrong with it.?

I didn't have a good feeling about this from the get go, should have listened to my "innerself". The wife says "she is not happy with the home I sent her too and is acting up". I would have gotten in that truck and drove it to Kenya and slapped Osama's mom without having a second thought.(just had to throw that in there)

 

[oonighttrain]

Sold my truck tonight to a 21 year old "kid". He and his Uncle came and looked at it and drove it and decided he wanted it. So we cleaned out and did the paper work and away he went. I made out a bill of sale and it stated that the sale is final and there was no warranty or guarantee implied or expressed.

)

no one wants to be an A HOLE but, you wrote the bill of sale saying "no warranty or guarantee"..

 

[my dog skip]

white smoke is a sign of a head gasket gone! rat bagging for a 5 min drive wont do that! if its running, pop the rad cap and start it! wait for it to warm up and see if theres bubbles in the coolant! sign of a head gasket leak.

 

[jsledder]

white smoke is a sign of a head gasket gone! rat bagging for a 5 min drive wont do that! if its running, pop the rad cap and start it! wait for it to warm up and see if theres bubbles in the coolant! sign of a head gasket leak.

Like I said, he was 20 miles from town. I think "rat bagging" it for 20 miles could do substantial damage.

 

[sandrailboy]

what kind of truck was it ......did it have any mods to it like a programer....i had a guy i work with sell his truck and the guy that bought it a week later said close to the same thing the guy got a few miles away jacked the chip up to the max and blew the head gaskets and then wanted his money back wound up going to court and the judge sided with my friend sold as is ....

 

[Clarke673]

Buyer beware!

 

[jsledder]

what kind of truck was it ......did it have any mods to it like a programer....i had a guy i work with sell his truck and the guy that bought it a week later said close to the same thing the guy got a few miles away jacked the chip up to the max and blew the head gaskets and then wanted his money back wound up going to court and the judge sided with my friend sold as is ....

It had an 80hp chip in the computer and some other light upgrades. Sitting here now waiting for his bank to open......

 

[duke1n]

Diesel right? Had some fueling mods? Made more boost than stock? Most headgasket problems in this scenario are do to laying into hard when its not completely warmed up. Certainly would happen in less than 20 miles. I'd never let someone drive mine until I had it completely warmed up. Probably should have warned him but lots of people just don't know. Sold "as is" his problem

 

[SAWYER]

I'd cash the check asap

 

[Fosgate]

Contract Law. You had an agreement to sell the truck. he said it smoked, you offered to take the truck back and refund which he declined. Thus making the contract still valid. He said he would take it to a mechanic. Did you agree to paying any repairs or still refunding if discovered wrong thus modifying the contract? If you agreed to diagnostic is one thing, he still needs to pay you for the truck. If you agreed to pay for repairs, you may request to take it to your own mediator if you don't agree (would still be responsible for paying labor) or pay the mechanic. If you did not agree to pay for any repairs or to have a mechanic look at it he flat needs to pay. In any case if called you saying he ran a stop payment AND you cash the check and it comes back. HE is in breach of the original contract and would loose in any court of law. But you have to make sure you fullfill any agreement you made in the original contract which is gave him the truck.

So if I were you I would try to cash (NOT DEPOSIT) the original check and be prepared for it to come back. (banks can pull out disputed payment transactions a long ways back if deposited to another account--seen 6 months+). Then if it does come back, hire a lawyer and sue him for breach of contract and make sure you include attourny fees and any charges from the check cashing center or your bank. He wants to try and be an a-hole, spin his freaking head off.

F*** WITH THE BULL, GET THE HORNS!

 

[SilverGriz]

Sounds like BS. Sorry to hear about this. This is another reason you only accept cash or follow the buyer to their bank and get a cashiers check.

 

[jsledder]

Contract Law. You had an agreement to sell the truck. he said it smoked, you offered to take the truck back and refund which he declined. Thus making the contract still valid. He said he would take it to a mechanic. Did you agree to paying any repairs or still refunding if discovered wrong thus modifying the contract? If you agreed to diagnostic is one thing, he still needs to pay you for the truck. If you agreed to pay for repairs, you may request to take it to your own mediator if you don't agree (would still be responsible for paying labor) or pay the mechanic. If you did not agree to pay for any repairs or to have a mechanic look at it he flat needs to pay. In any case if called you saying he ran a stop payment AND you cash the check and it comes back. HE is in breach of the original contract and would loose in any court of law. But you have to make sure you fullfill any agreement you made in the original contract which is gave him the truck.

So if I were you I would try to cash (NOT DEPOSIT) the original check and be prepared for it to come back. (banks can pull out disputed payment transactions a long ways back if deposited to another account--seen 6 months+). Then if it does come back, hire a lawyer and sue him for breach of contract and make sure you include attourny fees and any charges from the check cashing center or your bank. He wants to try and be an a-hole, spin his freaking head off.

F*** WITH THE BULL, GET THE HORNS!

I offered nothing as far as him fixing it and me paying for it or anything other than me taking it back.

Been trying to get ahold of his bank, no answer, must not be open on saturday. If they were, I'd drive down there and cash it.

If I do cash it in person at his bank and put those funds in my account there aint no way they can touch it is there?

 

[dmkhnr]

Your wallet ended up in the back seat because the kid rompped on it, and probably romped on it all the way home after he left your house.

The problem I see is, you have a responsibility to yourself that you didn't respect.
You should have gotten a cashiers check or cash, and if it was a cashiers check you should have followed the kid to the bank and gotten your cash out.
The bill of sale says no warranty, and he signed it so your good to go, you have no responsiblility however if he was a nice guy you would probably take of it. As of now, it is his problem and your in the clear.

Now your responsiblity to yourself, you have a check that probably is canceled, (which in my state would be a felony for the kid that cancels it). What bank isn't open on Saturday?? Do you still have the check in hand, or did you deposit it?
I'd find out if your going to get the money first, and then deal with it from there? Maybe try and call the kid from a different phone and ask him if he canceled this check or is it still good.

An attorney is a blood sucking pig, that will take your money so that would be last resort.

 

[jsledder]

Apparantly the only 2 banks that aren't open on Saturday's are the ones I need to be open, his and mine.

Going to be a loooonnnngggg weekend.

 

[Fosgate]

I wouldn't talk to him anymore than you have to and be careful with what you say. And yes they can take the funds back because if you try and deposit it the other bank on a dispute will null the transaction leaving your account in the red if you spend it. Also if you cash it at your bank and they dispute the check your bank will go into your accnt and put it in the red. However your bank can call and verify the funds on the check before you cash it. (does not change that he can dispute it). Your best bet is to find a check cashing place. This will no doubt be your best option even though there may be a charge involved. They may contact you letting you know that it was disputed and that you owe them money but at least they won't zero out your checking account leaving you in trouble with all your debtors.

 

[MTSummit]

As Fosgate said be very careful talking to him and what is said. You have a bill of sale that says no warranty implied. The kid is out of luck, you may have to get a lawyer involved to get payment.

 

[jsledder]

I wouldn't talk to him anymore than you have to and be careful with what you say. And yes they can take the funds back because if you try and deposit it the other bank on a dispute will null the transaction leaving your account in the red if you spend it. Also if you cash it at your bank and they dispute the check your bank will go into your accnt and put it in the red. However your bank can call and verify the funds on the check before you cash it. (does not change that he can dispute it). Your best bet is to find a check cashing place. This will no doubt be your best option even though there may be a charge involved. They may contact you letting you know that it was disputed and that you owe them money but at least they won't zero out your checking account leaving you in trouble with all your debtors.

My plan is to go to his bank, 200 miles away but I have to be in the "neighborhood" anyway on monday, and cash it in person and get a cashiers check. At that point I should be clear of any of his attempts to stop payment shouldn't I????

 

[Disco Dan Richter]

CASHIERS CHECK!!!!!! or CASH!!!! Or, liability waiver before test drive and NEVER, I mean NEVER, let them drive it without you with them on the test drive.

 

[sledskiing]

There are laws in CO that protect buyers of used cars. I was told that buyers have 48hours (?) under some "lemon law" on used cars. I don't know much about it. From what i was told it didn't matter what was written on the bill of sale. I'd at least look into it. One of my mechanics mentioned it to me once.

Good luck that sucks.

 

[Jaynelson]

He went on and on about how he didn't think I sold it knowing it had a problem and he knows things can happen and if he broke something he didn't think I should have to pay for it.....

That right there tells you he was doing something stupid....

If you or any of us got 20 miles down the road driving normally and something fried, we'd be screaming blue hell at the seller.