Selling car without bill of sale

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  #1  
Old 01-18-10, 02:14 PM
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Selling car without bill of sale

Hi,
any answers would be much appreciated.

We sold our 1993 Acura Vigor and just gave them the registration transfer of ownership but no bill of sale and a couple days later, they call us and the car is done. When we sold it we knew of some problems and expressed these problems that we knew of, but didn't know if there could be more. They test drove and saw the oil light come on and they still purchased. They now want us to take the car back, but when we sold them the car it was running, we do not have to warranty anything once it is in their possesion??do we have a leg to stand on, or if they take it to small claims, is it our word against theirs....
Don't tell me... i know not having a bill of sale was stupid....but any other advise would be awesome!
Thanks
 
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  #2  
Old 01-18-10, 03:54 PM
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In the USA when you sell/buy a vehicle there is a title transfer an once the title is signed and notarized [if required] the deal is done. I don't have any idea as to how it works north of the border....... but you have the money and they have the car

I would assume that if they have a legal right to have their money refunded - you would be notified in a legal manner.
 
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Old 01-18-10, 07:30 PM
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Unless Canadian law is a lot different than down here (where most Canadians are this time of year ) the buyer wouldn't have a leg to stand on.
 
  #4  
Old 01-19-10, 08:26 AM
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Thank you all, i figured so, but have you heard about a lemon law??? We did not sell this car knowing it was going to conk out, we are not mechanics, we told this guy what the guy that sold us the car said, but we adviced to get it looked at and he did not.... I'm just afraid we will go to court and if it goes in his favour either we have to fix his car or give him his money back plus court costs......i don't know whats the bigger gamble....
 
  #5  
Old 01-19-10, 08:56 AM
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I always thought the lemon law only applied to new vehicles.
 
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Old 01-19-10, 01:39 PM
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If the lemon law applied to individual sellers that are not commercial dealers,which I'm not sure it would,it would only apply if you had not divulged a known issue before selling and/or depicted the car as not having an issue it actually did have.

It sounds like to the best of your ability you divulged the issues you knew about so I doubt it would apply or if it did and was actually taken to court that you'd be ruled against.
 
  #7  
Old 01-19-10, 02:01 PM
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In the US, the lemon law applies to car dealers, not private sellers. You were up front with the car. They could have taken it to a mechanic and had it looked over. You gave them no warranty. I'm sorry to say it, but they are out of luck.

BTW - I don't think a bill of sale would matter anyway. Like Marksr said, you have the money and they have the car.
 
  #8  
Old 01-20-10, 08:16 AM
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It would seem to me that a transfer of title/ownership that was registered with whatever form of "DMV" exists there would act essentially as a bill of sale.you couldn't change that without a "sale" in some form and that would change ownership regardless of a sale or not.AS said several times,you have the money they have the car AND they are now the registered owner of the car.

There is no indication that you intentionally misled the buyer,they took no action to verify anything they were or were not told.

If they do pursue this legally snyway you will almost certainly win and if this does occur you might want to go after them for your legal expenses.
 
  #9  
Old 02-12-11, 09:02 AM
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Lemon Law

Lemon laws are American state laws that provide a remedy for purchasers of cars in order to compensate for cars that repeatedly fail to meet standards of quality and performance. These vehicles are called lemons. The federal lemon law (the Magnuson-Moss Warranty Act) protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or leased cars. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but each state has different names for the laws and acts.

In California, lemon laws cover anything mechanical, as do the federal lemon laws. The federal lemon law also provides that the warranter may be obligated to pay the prevailing party's attorney in a successful lemon law suit, as do most state lemon laws


At the core of most lemon laws is the manufacturer's breach of warranty. A manufacturer's warranty is what makes the manufacturer legally responsible for repairs to the consumer's vehicle or good. It is a form of guarantee. An express warranty is typically a written warranty. An implied warranty unlike an express warranty, is not written. The law imposes these obligations on the manufacturer, the seller or both as a matter of public policy. These vary from state to state. [1]

Lemon laws may cover situations even when the vehicle is not under warranty, especially if the seller failed to disclose critical information such as previous damage to the buyer. Knowingly purchasing a car in "as is" condition does not void the buyer's rights under applicable lemon laws.[citation needed] Lemon laws are not limited to cars. There are RV, boat, motorcycle, and wheelchair lemon laws.
 
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