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#1
05-27-2008, 06:14 PM
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anyone here a lawyer?
hey guys,
I need some legal advice about selling a car. I sold a guy my old car, the check engine light was on because the O2 sensor was bad, says the people at Hyundai. I got it fixed but the sensor came on again right before I sold the car. I told the guy about it and he said ok that's fine. I called Hyundai to make sure that they would replace the sensor free of charge because they had just "fixed" it. Anyways, I sold the car, well, have a down payment on it, just waiting for the rest when I transfer the title, I got the title and it's ready to transfer, but now the guy is backing out because he took it in to have it replaced and they are saying something else is wrong with it now. Is there anything I can do?
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*SFL G35* G35 FTMFW!!!! 2004 IP G35 coupe 
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#2
05-27-2008, 06:18 PM
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if you originally sold the car "As Is" i'm assuming you should be able to enforce the sale. did you have any written contracts? did the buyer sign anything? was one of the conditions upon the sale, for you to fix the O2 sensor or to clear everything so that the engine check light would not go on anymore?
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o4' BS sedan | nismo aero premium package | MRR HR2 19s staggered | Potenzas | HKS axle back | custom midpipe | Magnaflow resonator | Tein H Techs | Z-tube | Stillen intake | LEDs!
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#3
05-27-2008, 06:46 PM
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the car was "as is" we signed a bill of sale, and fixing the O2 sensor was not a condition, I went out of my way to call and make sure that it would be fixed free of charge.
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*SFL G35* G35 FTMFW!!!! 2004 IP G35 coupe
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#4
05-27-2008, 06:47 PM
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i think LAWY'DU is a law student..send him a PM
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o4 DG G35 Coupe|Axis Reverbs|Fujita|NRG.. Im now SAVING up for a 2008 Infiniti G37S or a 2009 Nissan 370Z!!! 
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#5
05-27-2008, 06:55 PM
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it sounds to me you should be able to enforce the sale. i would look into finding an attorney in your state. i'm not sure if there are any nuiances or differences b/n florida and california law, where i practice. (even tho contracts is a multistate course, but that's besides the point)
anyway,you should find an attorney to represent you, unless the sale price is w/in the small claims limits for your state. good luck.
__________________
o4' BS sedan | nismo aero premium package | MRR HR2 19s staggered | Potenzas | HKS axle back | custom midpipe | Magnaflow resonator | Tein H Techs | Z-tube | Stillen intake | LEDs!
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#6
05-27-2008, 07:19 PM
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I'm assuming you let him drive away with the car as a gesture of good will on his down payment. If you have paperwork that signed that states "as-is" on point of Sale, and it's signed already by both parties, then his legal recourse is none. If he decides to still back out, then you can enforce by taking your car back (you still have the title and technically are the owner) and not give him/her back the deposit. OR you can cancel the purchase and give him back his deposit....less some $$ for the fact he drove your car around. The depost part is up to you.
Bottom line is the title is in your hands so YOU are the owner, and the contract states his intent to buy "as is". You should try to work it our though.....
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#7
05-27-2008, 07:26 PM
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How does this possibly belong in Finer Living? A legal question is Off Topic at best.
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"You've waged your War of Nerves, but You can't Crush the Kingdom" Pantera, 5 Minutes Alone 
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#8
05-27-2008, 07:47 PM
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Quote:
One you can keep his down payment if you specified that contingency in the contract. What was the exact wording of the agreement and what were the exact things you told/held back from the buyer. PM me this and I may be able to shed some light onto this matter for you. If this is of immediate concern PM me and I'll send you my cell number.
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Formerly Lawy'dU ---> Team SDG's Yo...
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#9
05-27-2008, 07:48 PM
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Quote:
Thanks for the plug dude!!
__________________
Formerly Lawy'dU ---> Team SDG's Yo...
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#10
05-27-2008, 07:54 PM
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Quote:
sorry, i couldn't find just the actual off topic thread. I figured this would be the closest thing, and it is in the off topic section
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*SFL G35* G35 FTMFW!!!! 2004 IP G35 coupe
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#12
05-27-2008, 08:38 PM
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Quote:
Anytime sweetie! Can you send me your email address? My response to you was too verbose for the PM system of G35driver.
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Formerly Lawy'dU ---> Team SDG's Yo...
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#13
05-27-2008, 08:58 PM
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Quote:
__________________
"You've waged your War of Nerves, but You can't Crush the Kingdom" Pantera, 5 Minutes Alone
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#14
05-27-2008, 09:04 PM
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Quote:
Dude, what's your problem? Leave it alone.
__________________
Formerly Lawy'dU ---> Team SDG's Yo...
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#15
05-27-2008, 09:14 PM
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Or?
This thread shouldn't be in Finer Living, period. This is for leisure items and the finer things in life, not a legal question. I'll ask why a thread is in the wrong place any damn time I want.
__________________
"You've waged your War of Nerves, but You can't Crush the Kingdom" Pantera, 5 Minutes Alone
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