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Too Late to Back Out of Deal?


mossman's Avatar
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06-21-14, 02:33 PM   #1  
Too Late to Back Out of Deal?

I just picked up a used Acura MDX this morning and it appeared to be in good shape in the listing photos, and I also talked to the seller in great length about it's condition. The only thing he mentioned was that the paint was peeling in one small section of the lift gate, which he sent me a picture of. I figured it was no big deal and that I would just get it fixed. Plus I got a good deal so I wasn't overly worried about it. I had to drive three hours to pick it up so I didn't look it over as well as I should have. I figured I had already committed to the transaction and there was no turning back, so I didn't really look it over that well. My fault, I know, but he seemed like a good person and had otherwise taken good care (mechanically) of the vehicle (he had service records from the dealer, etc.). However, once I got the vehicle home, I noticed that the paint is peeling in other areas as well. It has clearly been in an accident, which the seller didn't disclose and it was not in the vehicle history report. The entire rear of the car and right side of the car has been painted, very poorly I might add. The paint color matches but there is overspray and the paint is peeling in several areas. Is it too late to back out of the deal or am I screwed? If the latter, I won't be keeping it because it is only going to get worse.

 
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Gunguy45's Avatar
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06-21-14, 02:56 PM   #2  
I'd have to say you are out of luck unless there is some sort of warranty or clause in the sale contract. If it was a "here's your money, here's the signed title"...it's done. You had the chance to see it up close and personal so you could have backed off at that point and just eaten the rental car cost.

If that's the only issue and you got a good deal for the vehicle you really wanted (you've described pretty much that those are true), then why not explore a new paint job? If there's no body damage that needs fixing, it might not be as bad as you think. And just think, you can do a unique color that no one else has.


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mossman's Avatar
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06-21-14, 03:05 PM   #3  
If that's the only issue and you got a good deal for the vehicle you really wanted (you've described pretty much that those are true), then why not explore a new paint job? If there's no body damage that needs fixing, it might not be as bad as you think. And just think, you can do a unique color that no one else has.
I'm afraid I'm probably screwed, but am still going to see if I have the option to withdraw. I suppose I could check into a new paint job. I have two other vehicles that need paint work so maybe they can cut me a deal.

 
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06-21-14, 04:08 PM   #4  
In NJ you have 3 days to back out of any deal.. Dont know if thats all states or not..

Better check because time is of the essence...

Virginia has a wreck cover up law...

Wreck Cover Up

Another aspect of the Virginia Consumer Protection Act protects used car buyers from purchasing a vehicle when the vehicle’s history has been misrepresented. When a vehicle has been damaged in a wreck, that fact must be disclosed by the seller. A 2003 Virginia case dealt with a dealer who purchased a vehicle from salvage and repaired it, using touch up paint to cover up some of the damage. He tried to sell the vehicle twice, and eventually he had to settle out of court with one of the owners. If a dealer is unwilling to give the full value of the sale back after learning of a car’s previous history, he can be sued for the price of the sale plus damages.


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06-21-14, 04:21 PM   #5  
I think in tenn the 3 days to back out of the deal only applies if you buy from a business, I don't believe it pertains to private party sales. Not sure if other states are the same.


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Ron53's Avatar
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06-21-14, 04:29 PM   #6  
'Caveat Emptor'

A Latin phrase for "let the buyer beware." The term is primarily used in real property transactions. Essentially it proclaims that the buyer must perform their due diligence when purchasing an item or service.

 
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06-21-14, 05:15 PM   #7  
I spoke with the seller and he swears up and down that he has no prior knowledge of any accident or body work. He seems like an honest guy and I believe him. Guess I'll be listing it for sale. Unfortunately, I now have to disclose that it has had body work for one reason or the other. I'll be happy if I can break even. It will be close.

 
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06-21-14, 05:55 PM   #8  
No...you don't have to disclose that it had body work...as you have no factual knowledge of that. Disclose what you see and know...but not that it was in an accident, as you don't know that for sure. My '04 Verona has paint peeling in certain areas, and it's never been wrecked. Heck, it could have been vandalism or something similar. That probably wouldn't be reported on Carfax or a similar service.

I still think checking into a paint job, if it's mechanically sound, might be a better option.


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06-21-14, 09:47 PM   #9  
When I read the opening post I had assumed that this was a private sale. Is this car purchased from any type of dealer or used car sales lot ?

 
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06-23-14, 07:37 AM   #10  
I purchased it from a private party. A new problem today--my wife started the vehicle and began to drive it down the street and the navigation screen started flickering, the AC turned off, and a vehicle stability assist, ABS, and AWD warning went off. She also said it was driving kind of funny and making an odd noise. I am so pissed right now. Not sure what if anything I can do about it. I'm about to call my bank and see if they can put a hold on the check because I don't want this vehicle.

To be clear, the check from my bank has not yet been processed so no money has changed hands, nor has the title been signed over (the seller's bank has the title). If my bank cancels the check and the title isn't in my name, then doesn't that give me more leverage? In other words, I don't legally own the vehicle so I would have to return it to the seller.


Last edited by mossman; 06-23-14 at 08:35 AM.
 
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06-23-14, 08:39 AM   #11  
I hate to tell you this, but you're now stuck with it, since it was a private party. They're not subject to the same rules as a business.
I would advise against stopping payment on the check, since at this point, that would be considered a crime, in that the car would then be considered stolen property.
Your only option is to take it to small claims court, where you'll most likely lose.


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06-23-14, 08:44 AM   #12  
Never hurts to call the seller and see what they'll do.

 
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06-23-14, 08:50 AM   #13  
Never hurts to call the seller and see what they'll do.
I already tried that when I discovered the paint work, that he supposedly had no knowledge of. Now that there's an electrical issue, he definitely won't take it back.

I just talked to a buddy of mine and he says it sounds like an alternator issue. Makes sense considering multiple systems are failing and setting off warnings.

 
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