Buyer wants car back, seller will have a hard time giving a refund, what to do?

Question

Let's say there's this situation: A man and his daughter came to check out a car from a private seller. The daughter wanted that same car except fourdoor, the one they came to see was twodoor. Her dad bought the car anyway, and signed the papers with the seller and everything, they took the car home. The next day his wife calls the seller telling him that they want a refund because the daughter doesn't like the car because it's a twodoor car. There is absoloutly nothing wrong with the car, it's in great condition, the only problem is that it's twodoor. The seller doesn't want to do a refund because he's going to have a hardtime getting a new title and everything because it's a long process, plus the fees and everything, he wanted to get rid of the car for a long time already. The buyer says if the seller doesn't give a refund, they will get the police and dmv involved. What are the rights of the buyer and seller, and can the buyer actually get the police to do something?

Answer 1

The buyer loses.  The sale is final.  The seller doesn't have to take the car back for any reason, especially one as lame as the car not having four doors.

Answer 2

Get Hulk Hogan involved if they threaten you again, I hear he's pretty ticked-off right now.

Seriously, Satanic_Mechanic is 100% correct. They have no recourse after they take possession and sign the bill of sale. All used car sales (especially private) are "as-is", and there is no "cooling-off" period to return the car.

Tell them to go fly a kite.

Answer 3

I would think that there wouldn't be a whole lot the buyer could do.  It isn't like he went to a store and bought a button down shirt when the daughter wanted snaps.  

I don't think there would be anything the cops or the dmv could do - especially since the only issue is the number of doors.

Answer 4

the buyer has no recourse only to sell the car himself. it would be like going to the supermarket and buying whole milk and taking it home and drinking a glass then taking it back saying my daughter likes 2 percent.

Answer 5

The sales are final on used car.

Answer 6

the police will do nothing - this is a civil matter.

the DMV will do nothing - there is no infraction

The 'buyer' will lose in small claims court.

Tell them to pound sand, the sale is final.  Dad should have brought Princess if its her car.  Princess can suck it up and not whine so much when mommy and daddy are giving her a free car.

And while you are at it, let them know that if they keep harassing you, that YOU will contact the police.  If necessary, get a restraining order.

Answer 7

The buyer has no rights here in this situation.

Answer 8

All that is moot.

The sales are final on used car. PERIOD.

====

> The buyer says if the seller doesn't give a refund, they will

>  get the police and dmv involved. What are the rights of

>  the buyer and seller, and can the buyer actually get

>  the police to do something?

Anybody can call the police. But they'll get laughed at. Again, sales on used car sold privately are as-is and final.  That is why people should be extra careful when buying a used car.

Good Luck...

Answer 9

I think with any used car it is bought as is.  I think maybe depending on the state if you buy it "certified" from a dealer you have some limited guarantee as far as the car functioning but not for private sellers.  And for the number of doors - come on.  I can say a dealer wouldn't give them all their money back if they bought a new car just because it was 2 door instead of 4 door.  I think you're safe.  You could always call the police yourself first and tell them the situation so you're on file first in case the buyers try to start something.  

Geesh, complaining about the number of doors when you're getting a free car.  Unless there's some sort of medical reason (which I don't know why there would be for 2 vs 4 door but who knows) she should be grateful she's getting a car period.

Answer 10

The buyer has no real legal rights in this situation but he can make the seller's life miserable for a while, with threats, frequent phone calls, nasty letters, knocks on the front door in the middle of the night, and even summons to Small Claims court -- depending on how mad and nasty he wants to be.

Sometimes, the best thing to do is simply return the buyer's money and avoid the mess.