unhappy buyer

[studlymandingo]

Re: unhappy buyer

I once experienced the reverse of this situation. When I was 19, I went to look at a VW Beetle for sale "as is" for $200. It was in pretty fair shape as far as the interior and body were concerned. The seller stated that it had run perfectly before, but would now only spit and cough when you tried to start it. I looked it over, looked at the engine, handed the guy 200.00 and took the title. I then opened the engine hatch, put the spark plug wires back on the right plugs, started her up and got in to leave. The guy says "wait a minute, I don't want to sell it if it runs fine", I replied "Sorry but you already sold it"; the guy got upset and threatened all kinds of things saying I had tricked him into selling the car. I found the ad in the local paper, it stated the car was not presently running, which it wasn't when I got there.

At any rate, the guy said he was going to sue me and/or kick my @$$; neither happened. I cleaned and painted the car, drove it for a while, then sold it for $1,500.00. Point is "as-is" is as is, take the good with the bad.​

 

[kenmyfam]

Re: unhappy buyer

Edzeed lives in Canada,

Officialy a sale 'AS IS' is no longer legal in this country when the sale is from a dealer to a private buyer.

On a private sale the buyer could take him to small claim court ... but then would have to prove edzeed was lying about the noise and that is not easy and obviously not the case ...

I beleve the previously posted recommendation to offer the buyer to apply the $ 1600. rebate on the cost of repair is more than fair and would be a winner situation in a small claim court.

But if it was me ... I would put this down in writing and mail it to the buyer ... in order to have some written proof of goodwill to show to a juge in case the buyer pushes his claim to a small claim court.

Amen

"As Is" is completely legal in Canada. Any terms and conditions written on a bill of sale and signed by both parties is binding when buying privately. Same thing when you buy from a dealer as well. You buy whatever it is subject to what is written up on a bill of sale. If the "as is" thing is not legal then go try buying something at auction and see what the terms and conditions are there. Usually "as is where is" at one of those places.
You can put whatever terms and conditions you wish to on a bill of sale as long as both parties agree and sign to that effect.
Small claims court would be of no help whatsoever if there was a written terms bill of sale made.
If your scenario were true then you would find that there were no used car lots selling the older trade ins for fear of there being something wrong with them. And that is why they sell them "as is" and still do.
Read a couple of law books on the subject and you will see what i am saying.

 

[pecheux]

Re: unhappy buyer

"As Is" is completely legal in Canada. Any terms and conditions written on a bill of sale and signed by both parties is binding when buying privately. Same thing when you buy from a dealer as well. You buy whatever it is subject to what is written up on a bill of sale. If the "as is" thing is not legal then go try buying something at auction and see what the terms and conditions are there. Usually "as is where is" at one of those places.
You can put whatever terms and conditions you wish to on a bill of sale as long as both parties agree and sign to that effect.
Small claims court would be of no help whatsoever if there was a written terms bill of sale made.
If your scenario were true then you would find that there were no used car lots selling the older trade ins for fear of there being something wrong with them. And that is why they sell them "as is" and still do.
Read a couple of law books on the subject and you will see what i am saying.

Thanks for sharing information

Got that info from my bro in law who's a lawer ... I understood it is the wording itself (as is) that has to be changed to other wording ... ex: as examined ... ect that would imply the buyer did more than just looking at it.

I ll double check with him. I still have a private sale contract copy that I use whenever I sell anything that gives me that added protection.

Have a geat day,

 

[AZ_Ron]

Re: unhappy buyer

A buddy of mine and I did the same thing with a 1970 Fiat Spyder about 15 years ago... He had it listed for $100 in the paper... we went over and it wouldn't start... he fiddled with the timing and it fired right up. This was BEFORE we paid for it. The seller was a stand up guy and was REALLY impressed we got it running so quick. We paid him, got the title and drove it home. Great experience!

Ron

I once experienced the reverse of this situation. When I was 19, I went to look at a VW Beetle for sale "as is" for $200. It was in pretty fair shape as far as the interior and body were concerned. The seller stated that it had run perfectly before, but would now only spit and cough when you tried to start it. I looked it over, looked at the engine, handed the guy 200.00 and took the title. I then opened the engine hatch, put the spark plug wires back on the right plugs, started her up and got in to leave. The guy says "wait a minute, I don't want to sell it if it runs fine", I replied "Sorry but you already sold it"; the guy got upset and threatened all kinds of things saying I had tricked him into selling the car. I found the ad in the local paper, it stated the car was not presently running, which it wasn't when I got there.

At any rate, the guy said he was going to sue me and/or kick my @$$; neither happened. I cleaned and painted the car, drove it for a while, then sold it for $1,500.00. Point is "as-is" is as is, take the good with the bad.​

 

[jeeperman]

Re: unhappy buyer

Thanks for sharing information

Got that info from my bro in law who's a lawer ... I understood it is the wording itself (as is) that has to be changed to other wording ... ex: as examined ... ect that would imply the buyer did more than just looking at it.

I ll double check with him. I still have a private sale contract copy that I use whenever I sell anything that gives me that added protection.

Have a geat day,

It would not surprise me one bit that there may be a difference in the "as-is" sales laws in Canada versus Quebec.
Quebec has to have it their way at the expense of the rest of Canada on everything, eh?.

 

[jimmbo]

Re: unhappy buyer

It would not surprise me one bit that there may be a difference in the "as-is" sales laws in Canada versus Quebec.
Quebec has to have it their way at the expense of the rest of Canada on everything, eh?.

All I can say is... At least Quebec has consumer protection laws. Here in Alberta the laws are written to protect businesses from consumers. The consumers affairs department was dismantled over 15 yrs ago. Reason... " to get government off the backs of people". Now consumers have nowhere to get restitution and "Ceavet Emptor" is the rule here. Of course if you are rich enough, there is always a civil law suit.

 

[kenmyfam]

Re: unhappy buyer

I still stand by the "as is" scenario wherever you go in Canada. I have always put "as seen, tried and tested without any expressed warranty" on any private sale and consider myself covered.
So far so good !!!!!

 

[edzzed]

Re: unhappy buyer

there was never anything written on the receipt or bill of sale per se. i wrote a receipt out for 7000.00 and he gave me a bank draft for 9000.00 he asked for the receipt so he did not have to pay as much sales tax. ya think that's illegal. i know from chatting with govt. agencies that although a seller can do that, but for a buyer who is making a declaration, that is a no no. and he represents canada's finest RCMP. he has not asked anything further so will assume he knows i cannot help him out. especialy after his email did say his brother would do the repairs. no judge would accept that. on a side note with Quebec and Canada i believe there are two laws in play. queens law in Canada and common law in Quebec on a provincial basis. both similar yet different. hence Quebecs request for special status among other issues. i could be wrong so feel free to enlighten me. Ed

 

[jimmbo]

Re: unhappy buyer

How does the government collect the sales taxes on private sales? Here in Alberta, a second hand car or boat sold at a dealer is subject to GST. However, a car/boat if sold privately is GST free. Since we do not have provincial sales tax, I can't comment on that

 

[kenmyfam]

Re: unhappy buyer

How does the government collect the sales taxes on private sales? Here in Alberta, a second hand car or boat sold at a dealer is subject to GST. However, a car/boat if sold privately is GST free. Since we do not have provincial sales tax, I can't comment on that

No PST !!! Luxury !!!
On a private sale you get a receipt from the seller and sign a declaration to the amount you paid when changing the ownership so there can be a huge difference between the amount paid and tha amount you pay taxes on.
Edzzed
2 things.
1) If your RCMP buddy paid more than the receipt value and therefore what he paid tax on then you won't hear from him again unless he is pretty stupid
2) If there is nothing written on the receipt or any other document at time of sale regarding warranty or "as is" then there is no warranty. You can only come back on things that you have documented warranty on. In effect buying privately is like buying at a yard sale.

 

[jimmbo]

Re: unhappy buyer

Luxury tax?

 

[kenmyfam]

Re: unhappy buyer

Luxury tax?

Luxury No Tax (PST)
We have to pay it !!!!

 

[jimmbo]

Re: unhappy buyer

Luxury No Tax (PST)
We have to pay it !!!!

You have to pay PST on used purchases, but no GST?