I sold a car to a guy and now he wants his money back! Could he claim it back?

Question

There is nothing wrong with the car, however I sold it to him as a certain model, the Honda Prelude Type S. I sold it to him online and I claimed that it had the H22A model engine that went in the type S in the ad.

He has since done some research and he now claims that at some point in the cars history the engine was replaced with a standard Prelude Vtec engine.

If this was done it was not done when I had it, i sold the car on good faith.

This guy is now saying he wants his money back.

It was about 2 months I sold it to him.

I no longer have the money, I sold it to him as I am saving to wed my girlfriend and all of the money has been spent on that.

I want to know if legally he is entited to a full refund, which is what he is asking me for.

Answer 1

You need a professional opinion on the engine and see if it is the engine you stated. If it is not the engine that was stated in your ad he probably can take you to court and  make you give his money back because the vehicle was misrepresented and he didn't get what he paid for.

Answer 2

Yes, you misrepresented the car in the ad.  All he has to do is take you to court with the ad in hand stating it had an H22A model engine, and then documents showing that it didn't' in fact have said engine, and you will be forced to return his money and you get the car back.  Try to work something out with him, if not, he will win in court, and you'll have to pay anyway.  Plus, it's the right thing to do.

Answer 3

The concept is "Let the buyer beware" and if you sold the car to him as is, without any implied or written warranty, he can demand a refund all he wants, but he won't get it.

If the engine was replaced, and you were not aware of it, you didn't commit any fraud in what you believed it to be.

Even if you did, he wouldn't get a full refund, since he had and used the car for a couple of months.

No, he isn't legally entitled to any refund whatsoever.  Tell him no.  He then has the option of filing against you in court, but he wouldn't prevail there either.

Answer 4

unless u r a dealer he has nothing on you..you said it good faith   even he thought it was a h22 a when he bought it,,,2 months later ,LOL

Answer 5

Does he have grounds to get his money back-maybe.

Can he actually do it after 2 months? Probably not.

If he had the chance to look at the car before the title changed hands, then you are more than likely to win this argument.

Tell him it has been 2 months and that he had a chance to make sure it was what he wanted back then. Now he can just stuff it. If he does not like it, then tell him to sue you. I am pretty sure you will never hear from him again.

Answer 6

It's your responsibility as a seller to accurately describe the item you are selling.

As far as he is concerned, he purchased a Prelude Type S. Not a Prelude Type S, with a standard engine. So, you have yet to provide him with the item that was agreed upon in the sale.

Based on that, you either need to provide what was agreed, or return his money.

Answer 7

Dude, don't even pick up the phone for this guy anymore. You did not give him any kind of warranty written or implied. He's is just trying to get you to give him his $ back. Even in the even that you did give him warranty, chances are he doesnt have the money or the know-how to take you to court. Ignore the dude and he'll leave you alone. Marry your babe and dont worry about a thing homey. He is a looser!! you're a winner!! Sh.....t

Answer 8

He claims the engine was replaced - or maybe he has replaced it - two months would be enough time for him to put a c**p motor in there.

Do you know for sure what type of engine was actually in the car when you sold it. He could be mucking you around.

If you sold it on-line through a legitimate auction site - then they could probably tell you your rights in this matter.

Answer 9

.....do you have written documents for the purchase and is there included in the written document that money can be refunded?

Answer 10

NO in the eye;s of the law you have seven day,s to render a deal not two months.You were deceived in the beginning and should have check for proof.Just like the new owner should have too.