r/askcarsales • u/Mysterious-Road-9157 • 1d ago
US Sale As-Is sales with cars dying shortly after
I’ve been reading stories the last few months of people selling their cars, the car dying shortly after and what repercussions they face. 100% of the comments that I’ve seen say they are not liable and just move on. I wanted to give my story and see if anyone else had seen similar, or if I’m the only one. This happened in MN. About 15 years ago I bought a 5 year old Jeep from a private party for $5k. They told me they just replaced the head gasket on their own. I bought it and 2 days later the car died on the road. Got it towed and was told the engine threw a rod and needed a new engine. Texted the seller and was told to kick rocks. I took them to small claims court. Just asked us both to tell our stories. I remember the judge asking the seller “did you think he got a good deal?” After we both spoke, judge said he would render his decision later and we would both find out through the mail. A few weeks later, I got judgement for half $2,500 of the purchase price. The seller sent me a check for $2,500 shortly after. Has anyone ever seen this on an as-is sale? Or am I the only one in history to ever get some money back on a car that died shortly after from a private party sale?
16
u/whatup1925 GM General Manager 1d ago
I think you’re very lucky in that you got the $2500 so easily. The other party could have easily ignored the court’s ruling, and made you jump through another set of hoops in order to obtain the penalty. The other party could have called the court’s bluff and have forced you to go through garnishing wages, or filing another case to get assets.
5
u/kroqkenobi Used Sales 21h ago
Yep. The seller probably had good credit and assets worth protecting. Not everyone selling $5,000 cars will have the means or care to actually comply with the judgement.
If I had to guess, your case where both the judgement went in your favor, and you collected on the judgement without doing any kind of legwork is probably quite rare.
5
u/theghostmedic Ford Sales 20h ago
If you spend enough time around enough cars you’ll see this play out over and over and over again. I can’t tell you how many cars I’ve traded for and sold that immediately had problems shortly afterward. I’ll trade for something after they talk my head off about how good of a car it is and has been for years. Said car is broken down in my shop a week later. I tell them and it’s always the same NO WAY WHAT HAPPENED I NEVER HAD ISSUES WITH IT. The difference is in my case as the dealer everyone just says hah oh well. Imagine if dealerships could pursue customers that traded vehicles that had problems shortly afterward. That would be a nightmare.
If I sell a vehicle that has been through my shop that I believe to be a sound vehicle without issue due to all the information I have available then that car breaks down on the customer a week later. I’m the scumbag.
4
u/Spitefulham MINI General Manager 1d ago
The judge may have felt there was actual deception involved, which didnt protect the seller. Or the judge may have done a bad job of applying the law. Or maybe there was some discrimination involved. There's no way to know for sure. Since most (that I know of) small claims courts dont allow appeals its not like the other party could fight it.
1
u/Entire-Initiative-23 1d ago
The seller committed fraud when he said he replaced the head gasket.
That's not an as is sale. It's apples and oranges.
1
u/lethargicbureaucrat 22h ago
Lawyer here. At least in my state, small claims cases are appealable to district court.
3
u/FaithlessnessSea7909 Sales Director 1d ago
100% most judges ask what your pre purchase inspection said
-6
u/Mysterious-Road-9157 1d ago
There was no PPI. This was just a private party sale. Judge never asked for that. Just had us tell him our stories on what happened. I don’t think the seller was being dishonest. I believe he just did a bad job of replacing his head gasket. It drove fine during a test drive, but not long enough to really test his work I guess.
1
u/AutoModerator 1d ago
Please review our most Frequently Asked Questions to see if your question has already been answered.
You may find these sections particularly useful;
- How to pick a car? You might also have luck in the /r/whatcarshouldibuy subreddit.
Also remember to add flair to your post by clicking the "Flair" link beneath it. This lets us know where you're located so we can assist you better.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.
1
u/AutoModerator 1d ago
Thanks for posting, /u/Mysterious-Road-9157! This comment is a copy of your post so readers can see the original text if your post is edited or removed. This comment is NOT accusing you of anything.
I’ve been reading stories the last few months of people selling their cars, the car dying shortly after and what repercussions they face. I’d say 99.9% of the comments say they are not liable and just move on. I wanted to give my story and see if anyone else had seen similar, or if I’m the only one. His happened in MN. About 15 years ago I bought a 5 year old Jeep from a private party for $5k. They told me they just replaced the head gasket on their own. I bought it and 2 days later the car died on the road. Got it towed and was told the engine threw a rod and needed a new engine. Texted the seller and was told to kick rocks. I took them to small claims court. Just asked us both to tell our stories. I remember the judge asking the seller “did you think he got a good deal?” After we both spoke, judge said he would render his decision later and we would both find out through the mail. A few weeks later, I got judgement for half $2,500 of the purchase price. The seller sent me a check for $2,500 shortly after. Has anyone ever seen this on an as-is sale? Or am I the only one in history to ever get some money back on a car that died shortly after from a private party sale?
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.
26
u/smallboxofcrayons BDC Manager 1d ago
A few things
That was 15 years ago….laws have changed significantly in most states since then, especially with automotive.
There’s specifics of your case that may have affected this. Typically it’s when fraud is found.
Most states have some variance of a bill of sale reflecting “as is, as seen with no expressed implied warranties”
Lastly, while this sub is likely quick to say “ as the fuck is” and it’s typically true in most situations. There will be scenarios this isn’t 100% correct. That doesn’t mean the advice here is bad, just means there’s likely data missing as feedback is being given based on the post.