by "El-Verde" (el-verde)
Published 01/04/2017 at 11:12
by "El-Verde" (el-verde)
Published 01/04/2017 at 11:12
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STARS: 0
OK. There is some backstory here, so please hear me out. Let me know what you’d do in this situation, or if there’s an option I haven’t considered.
My wife is 8 mos pregnant. 2 months ago, she got in a car accident in her old car, other party at fault. Car was repaired by authorized repair facility in California by insurance, all good.
While it was being repaired, we bought her a new car. The old car was a standard sedan, the new car is bigger, safer, newer, has room in the back for the dog, etc. Plan was always to sell the old car once it got repaired.
I got the car back a few days ago, and it looked really good. I put the car up for sale, took photos, etc etc. Got a lot of interest, several test drives, and just yesterday a really nice guy and his father bought the car from me after driving it.
I disclosed the accident to everyone who asked (I don’t know that I HAVE to, but I did anyways) and I’m PRETTY sure when the guys who bought it originally called me we talked about it. I don’t remember if they asked, honestly.
We agreed on a price, I signed over the title, signed a bill of sale for them, had them sign a doc I wrote up that basically says the sale was “As-Is”, gave them the smog certificate. They paid cash, a really easy, pleasant transaction.
The problem, as they say, is that when the buyer got home, he claims the taillights, running lights, and courtesy lights don’t work. Brake lights DO work. I haven’t driven the car at night since I got it back from the shop, so I honestly can’t confirm or deny that...I don’t know if it was a pre-existing condition or not.
He has to take the car to the dealership to take care of a free recall before he registers it (which I also disclosed upon sale), so he said he will have them take a look and see what the problem is.
Some routine googling tells me that the problem is MOST LIKELY an issue with the Passenger Junction Box, which is a $1000 part/labor job. My honest hunch is that the repair facility didn’t reassemble it right, missed a fuse, or something simple. I’m afraid the dealer won’t bother tracking it down, and will quote him for a new box.
The repairs have a LIFETIME warranty, but there’s a catch: only for as long as I own the car. I’ve already released liability and signed the title over. I could try to meet him at the repair shop and have them fix it, but I’m not sure it’ll fly.
I also clearly sold the car As-Is so I don’t think I have any legal obligation to help, but he has my address, my wife is pregnant, I’m semi-paranoid as it is, and I also feel terrible that there might be an issue I wasn’t aware of.
What do I do?
"SidewaysOnDirt still misses Bowie" (sidewaysondirt)
01/04/2017 at 11:16, STARS: 13
Because I’m not a dick (though some would disagree) and the car hasn’t been registered yet, I’d offer to take it back to the place that did the repairs and be like “yo, you fucked up my repair - fix it” and apologize profusely to the buyers. You signed the title over, but until the state gets it, it doesn’t matter and the shop will be none the wiser, not that it should matter considering they fucked up the repair.
"Dru" (therealkennyd)
01/04/2017 at 11:17, STARS: 1
If it were you who has purchased it, what would you want to be done?
"El-Verde" (el-verde)
01/04/2017 at 11:19, STARS: 2
That’s pretty much what I’m thinking is my best option. I don’t mind doing so at all.
"El-Verde" (el-verde)
01/04/2017 at 11:20, STARS: 1
I would want it fixed!
"Highlander-Datsuns are Forever" (jamesbowland)
01/04/2017 at 11:20, STARS: 3
I would take it back to the body shop and make them repair it (for the seller). You don’t have to disclose that you sold the car. They are responsible for repairing the car, the issue is most likely related to the accident.
"Lumpy44, Proprietor Of Fine Gif" (lumpy44)
01/04/2017 at 11:20, STARS: 0
Ya that would be my plan, though places hate doing “warranty” work
"SidewaysOnDirt still misses Bowie" (sidewaysondirt)
01/04/2017 at 11:21, STARS: 2
It’s not a warranty issue if the car
just
came out of the shop. It’s a “they fucked up” issue.
"MontegoMan562 is a Capri RS Owner" (montegoman562)
01/04/2017 at 11:22, STARS: 0
I like SidewaysOnDirt’s answer. Meet up with the guy and drive it over to see if you can get them to fix it. DO NOT mention you sold the car.
Also like Dru said, if you bought this car and found out you got screwed- even in good faith- I think you’d hope the seller would help if they could. Sounds like there’s a way to potentially get this fixed at no cost to either party. That sounds like a win-win. It’ll also make you look better with the buyer so that you can sleep better and stop worrying about some guy egging your house (intentionally going with a very minor problem at your house)
"HFV has no HFV. But somehow has 2 motorcycles" (hondasfordsvolvo)
01/04/2017 at 11:23, STARS: 0
What I would do is make sure it gets fixed, whether that means taking it back to the shop that did the repairs, because clearly they messed up. Or paying out of pocket to get the work done somewhere else.
Sure you don’t leagally obligated to fix it, but I’d say it’s the right thing to do. At least split the cost with the new owner. He paid for a car what worked and got a car with problems. Sure you didn’t deceive him, but as the sell it’s your job to know what’s wrong with the car and disclose everything you know. Again that’s not a legal requirement but it’s the right thing to do.
"Steve in Manhattan" (blogenfreude01)
01/04/2017 at 11:23, STARS: 0
Lehto would be better at answering the question, but my lawyer brain knows that in some states you can’t disclaim certain conditions/safety repairs, although I might be wrong. Do some Googling.
"El-Verde" (el-verde)
01/04/2017 at 11:23, STARS: 1
It was my wife’s DD before the accident, and I KNOW it was all working before the accident. I think you’re absolutely right about it being related to the accident.
I’m hoping the buyer is cool with this arrangement.
"Lumpy44, Proprietor Of Fine Gif" (lumpy44)
01/04/2017 at 11:23, STARS: 0
Most shops see it as the same thing, unless its more money coming in they aren’t as happy to do it.
"DipodomysDeserti" (dipodomysdeserti)
01/04/2017 at 11:24, STARS: 1
I would just take the car back to the repair place for your buyer. Shouldn’t be any skin off your back.
"SidewaysOnDirt still misses Bowie" (sidewaysondirt)
01/04/2017 at 11:24, STARS: 3
They don’t have to be happy about it to have to do it.
"El-Verde" (el-verde)
01/04/2017 at 11:25, STARS: 1
I agree...I’m so frustrated that I didn’t KNOW about the problem. Had I just driven it at night at some point, I would’ve known, had it fixed, no problem.
"Arrivederci" (arrividerci)
01/04/2017 at 11:26, STARS: 1
Agree with Sideways and Highlander - see if the buyer is cool with you picking it up and taking it back to the repair facility for them to fix it. I wouldn’t offer to pay for a rental or anything, but I think you should do your best to handle this for them.
"TysMagic" (twjeffery)
01/04/2017 at 11:26, STARS: 2
This would be the proper nice guy all is good in the world way to do it. I support more of this happening in everyone’s life
"El-Verde" (el-verde)
01/04/2017 at 11:26, STARS: 0
Hahaha, I appreciate that. I like win-win.
What’s bugging me is that I can’t REMEMBER if we specifically talked accidents and repairs. I talked to like 10 buyers on the phone in 3 days.
"El-Verde" (el-verde)
01/04/2017 at 11:27, STARS: 0
I appreciate that. I don’t really want to drop this on the buyer even if I legally CAN...I just don’t want to open myself up to further issues down the road, either.
"Steve in Manhattan" (blogenfreude01)
01/04/2017 at 11:31, STARS: 0
If you take it to the first repair place, they should be willing to work with your insurance company to put it right. You can always do a Yelp review if they give you a bunch of shit.
"BorkBorkBjork" (tbirdlemons)
01/04/2017 at 11:31, STARS: 0
Were you paid in cash?
"Future next gen S2000 owner" (future-next-gen-s2000-owner)
01/04/2017 at 11:32, STARS: 4
There are a couple things here. One, don’t feel bad. You sold a used car as-is. If they didn’t get it inspected, it is on them. They had the chance to do any pre-purchase inspection beforehand.
You are legally in the free and clear, so if they try and bully you with a lawyer tell them to go stuff themselves. This only applies if the vehicle wasn’t totaled and sold as a salvage, which it doesn’t sounds like the case. Then you could get into misrepresentation of a fact and it could get a whole lot stickier.*
Morally, you probably feel for the person and could talk to them about taking it to the shop where you had it repaired. The problem with that is that you are now scamming the shop. While it seems like the right thing to do for the buyer, the shop may find out and not be happy about it.
The best bet - and this is what I would do - take the new buyer to the shop and see if you can’t work out some sort middle ground. Maybe half off the repair for the new owner or something like that. That is as far as I would go. You are trying to help the guy out but also not scamming the business.
*Internet lawyer advice, take with a grain of salt.
"SidewaysOnDirt still misses Bowie" (sidewaysondirt)
01/04/2017 at 11:34, STARS: 2
While it seems like the right thing to do for the buyer, the shop may find out and not be happy about it.
The shop should be more upset about
not completing the repair.
If the thing’s straight out of the shop and doesn’t work, it’s on them. Period. It’s not a repair that failed, it’s a repair they didn’t complete, so it’s not a warranty claim. Many states have licenses for shops and shit like that will cause them to lose theirs if a complaint is made. If you’re going to talk about scams, I’d consider taking money from the insurance company to do a repair and not doing it one.
"El-Verde" (el-verde)
01/04/2017 at 11:42, STARS: 1
Me too.
"El-Verde" (el-verde)
01/04/2017 at 11:44, STARS: 0
DEFINTITELY not a salvage title...clean and clear! But I appreciate the detailed response.
I don’t want to scam the shop or do something illegal. I’m kind of a wimp. This is one of my biggest concerns.
And I do feel guilty, even though several people have told me not to feel guilty.
"El-Verde" (el-verde)
01/04/2017 at 11:45, STARS: 1
I’m hoping I get a phone call today that says “blown fuse, it’s all taken care of.”
I don’t KNOW what the problem is, honestly. I’m trying to plan for worse case and do my best for them.
"El-Verde" (el-verde)
01/04/2017 at 11:45, STARS: 0
Yup.
"Future next gen S2000 owner" (future-next-gen-s2000-owner)
01/04/2017 at 11:46, STARS: 0
I get that but it operates under the assumption that the new work is related to the repair work (it probably is, I know, but it is still an assumption).
Also, despite the fact that the repair may or may not have been completed to his satisfaction, he sold the car. I understand this is probably shoddy work but he took the car away from the shop. At that point, I would think the repair would be completed and it is warranty work from their on out.
I agree the shop should fix it but I’m not sure you could legally force them. Terrible customer service and probably lost a customer but they might not care. Forcing the shop to fix it legally would probably cost more than car is worth.
If all businesses acted in manners that they should, we wouldn’t need consumer protection laws.
"SidewaysOnDirt still misses Bowie" (sidewaysondirt)
01/04/2017 at 11:50, STARS: 1
You aren’t scamming the shop. They didn’t complete the repair on your car.
"SidewaysOnDirt still misses Bowie" (sidewaysondirt)
01/04/2017 at 12:03, STARS: 0
You’re right that the shop probably doesn’t care about a single customer. They do care about the business of the insurance company that paid for it though. It doesn’t need to be a lawsuit. If the car was covered and wasn’t repaired correctly, the insurance company would like to know about how their customer is unsatisfied with the work done at that shop. Thus gets tricky because presumably the car is no longer on his insurance, but I had an accident once that I didn’t repair until months later (still reported it at the time) while covered by a different company and the original company still took care of things when they went wrong such as finding out that the original claims adjuster screwed up the estimate badly.
"BorkBorkBjork" (tbirdlemons)
01/04/2017 at 12:08, STARS: 4
Then rub it all over your body, that will make you feel better.
"E92M3" (E46M3)
01/04/2017 at 12:24, STARS: 4
Offer to take it back to the shop that repaired it. They have no idea you sold it, and won’t ask to see the title. It’s the right thing to do, and you’d appreciate if you were on the other end of the deal.
"El-Verde" (el-verde)
01/04/2017 at 12:30, STARS: 0
Thanks for the feedback
"El-Verde" (el-verde)
01/04/2017 at 12:30, STARS: 1
Should i convert it to pennies first, then dive into a pile Scrooge McDuck style?
"Neil drives a beetle and a fancy beetle" (1500sand535)
01/04/2017 at 12:36, STARS: 0
The more you do now that the sale is completed, I think the more you make yourself responsible for it to be taken care of whether or not the shop finds that they were at fault. So, only offer to help if you’re willing to end up footing the bill.
If you wanted to get really creative, you could cancel the sale and rewrite the sales agreement saying that it is pending the shop fixing the issue, take it into the shop, have them fix it, then resell it to them. It sounds shady but it’s probably just as much on the up and up as anything else.
First, call the shop and feel out if they would fix it. “Hey my car was in there, I noticed that _____ isn’t working, could it be related to the accident/work; and would you fix it.”
"G_Body_Man: Sponsored by the number 3" (gbodyman)
01/04/2017 at 12:46, STARS: 0
It was an as-is sale, and the buyer didn’t inspect the lighting before signing on the dotted line. You’re in the clear, and don’t have to do anything.
"Chan - Mid-engine with cabin fever" (superchan7)
01/04/2017 at 12:56, STARS: 0
Yup, I would try this. Be on the new owner’s side (he seems like a good guy, but check that the stuff really is wonky as claimed) and go to the shop pretending it’s still your car.
Do it while you still can—it’s gonna be near impossible once the kid is out.
"DynamicWeight" (dynamicweight)
01/04/2017 at 13:38, STARS: 1
I don’t think you have the responsibility to fix it, but you may have the opportunity. By taking it back to the shop to get it fixed, you are going a little out of your way to help someone else a lot. And that should be a really good feeling. It’s the kind of world we all want to live in, help to make it that world.
"MontegoMan562 is a Capri RS Owner" (montegoman562)
01/04/2017 at 14:17, STARS: 1
Well, honestly if they aren’t cool with you trying to get it fixed for free he’s on his own. That should remove any possible or potential guilt from you.
"BorkBorkBjork" (tbirdlemons)
01/04/2017 at 14:39, STARS: 1
Unless you are a cartoon duck, that will only result in serious injury. In which case you will have to convert your newly acquired pile of pennies into medical care.
"El-Verde" (el-verde)
01/04/2017 at 14:41, STARS: 0
I agree with this sentiment.
"El-Verde" (el-verde)
01/04/2017 at 14:43, STARS: 0
I’ve already signed the title and released liability with the DMV...
I did call the shop, they said “bring it by and we’ll figure out what’s wrong.” It feels like they’re going to fix it...but I don’t know if they’ll balk or not if it ends up being pricey.
This is my main concern.
"El-Verde" (el-verde)
01/04/2017 at 14:43, STARS: 0
But SHOULD I? I agree, legally, I’m free and clear. I just feel bad. But I’m worried that if I try to help, and it doesn’t work out, I’m going to get phone calls from this guy forever, he has my address, yadda yadda.
"G_Body_Man: Sponsored by the number 3" (gbodyman)
01/04/2017 at 15:52, STARS: 0
Just be polite about it. 99% of the time showing some sympathy for the guy yet saying “I’m sorry, there’s nothing I can really do about it” keeps everything cool.
"pip bip - choose Corrour" (hhgttg69)
01/04/2017 at 17:36, STARS: 0
new owners problem now.
"El-Verde" (el-verde)
01/04/2017 at 18:37, STARS: 0
He called me yesterday and thats how the conversation went. I genuinely feel empathy for him and want to help if I can. Not intending on starting a tough guy fight, haha.
"G_Body_Man: Sponsored by the number 3" (gbodyman)
01/04/2017 at 23:03, STARS: 0
But it’s not your problem, and you did pretty much everything you could. The title’s changed hands, the sale was as-is, and that’s pretty much the end of it. That’s what I expect as both a buyer and a seller.
"Tapas" (tapas)
01/31/2019 at 16:43, STARS: 0
You can show up to the repair dealership with the car and see if they will fix it.
I am not sure they check ownership before doing repairs...If they do, say that you thought the car has a lifetime warranty on repairs. If they tell you about the fact that its applicable only under your ownership - play dumb, apologize and ask them if there’s anything they can do about it .