General GM Chat When starting new posts, please specify YEAR, MAKE, MODEL, ENGINE type, and whatever modifications you have made. Chat about all things GM (and related cars). Off-topic stuff should be in the Lounge, and all Model specific mechanical problems should be posted in the proper forum.

Sold 89SE, rusty frame collapsed, buyer wants refund

Thread Tools
 
Search this Thread
 
Old 07-18-2006, 03:58 PM
  #1  
Junior Member
Posts like a Ricer Type-R
Thread Starter
 
bonnyitis's Avatar
 
Join Date: Jun 2006
Location: Grande Cache, Alberta, Canada
Posts: 19
Likes: 0
Received 0 Likes on 0 Posts
bonnyitis is on a distinguished road
Default Sold 89SE, rusty frame collapsed, buyer wants refund

Hi all,

Just went through a very unpleasant experience, asking for advice about what would the right thing to do.

Background: Bought a 2000SLE for US$6600 "as is", then a month later the engine fell apart. Threads with pics:
http://www.bonnevilleclub.com/forum/...ic.php?t=56480
http://www.bonnevilleclub.com/forum/...ic.php?t=56486

Did I go back moaning to the seller? No, I had signed 'as is' and took a damned risk.

Sold the 89SE on Apr 23/06 for US$1250, buyers signed 'as is'. There was obvious rust and a few holes on the panels. They took it in to a service station for tire work and upon lifting, a rear frame rail collapsed due to severe rust. I had not had the car lifted for six years because I did all my own service, using ramps and a jack. I honestly had no idea it was so bad. Yesturday, July 17 they came back wanting a refund.

I showed them the the official Alberta Government website that states: 'Unless otherwise stated, used vehicles are sold "as is". This means that any flaws or defects with the vehicle after the sale are the responsibility of the buyer.' The woman made a crying scene, accusing me of endangering the life of her son; it was a seller'* nightmare. I told them about my bad car experience, and she yelled: 'So because you got burned, you burn us in return?'

1. Can the frame rail be repaired by welding? How much should it cost?

2. Do I have any moral responsibility?

3. Do I have any legal responsibility?
Old 07-18-2006, 04:00 PM
  #2  
Junior Member
 
Bonneville92V688's Avatar
 
Join Date: Apr 2006
Location: Purgatory
Posts: 0
Likes: 0
Received 0 Likes on 0 Posts
Bonneville92V688 is on a distinguished road
Default

The frame being welded is usually illegal, and no you are not responsible for the frame breaking, since you sold it as is, she should have took it for a inspection first.
Old 07-18-2006, 04:16 PM
  #3  
Senior Member
True Car Nut
 
BLACK94SSEi's Avatar
 
Join Date: Feb 2006
Location: Melrose
Posts: 4,596
Likes: 0
Received 0 Likes on 0 Posts
BLACK94SSEi is on a distinguished road
Default

Check the lemon laws for your state. It may or may not be in effect depending on mileage.

The worst that can happen is they can bring you to small claims court.
Old 07-18-2006, 04:18 PM
  #4  
Retired



Certified Car Nut
 
Mike's Avatar
 
Join Date: Jul 2003
Location: Dark Side, AZ
Posts: 17,920
Received 1,780 Likes on 1,304 Posts
Mike has a reputation beyond reputeMike has a reputation beyond reputeMike has a reputation beyond reputeMike has a reputation beyond reputeMike has a reputation beyond reputeMike has a reputation beyond reputeMike has a reputation beyond reputeMike has a reputation beyond reputeMike has a reputation beyond reputeMike has a reputation beyond reputeMike has a reputation beyond repute
Default

Originally Posted by Bonneville94V688
since you sold it as is, she should have took it for a inspection first.
He'* right, and according to your Alberta website, you have no responsibilty. Gotta love that "as is" law.
__________________
Retired Administrator
2002 *-10 5.7 V8
2023 Jeep Rubicon Diesel

Old 07-18-2006, 04:20 PM
  #5  
Senior Member
Posts like a Camaro
 
Boreas's Avatar
 
Join Date: Aug 2004
Location: Chi-Town
Posts: 1,116
Likes: 0
Received 0 Likes on 0 Posts
Boreas is on a distinguished road
Default

If the woman was really concerned for her son, she should not have bought such an old car in the first place or at the very least make a request that you loan her the car for the day so she could get it inspected and such before she made the final decesion. Totally her fault and a dumb decision on her part. Now she is trying to take out her irresponsibility on you. Dont fall for it. People like the idea and stop at nothing to pass the buck on to someone else due to lazyness or sheer irresponsibility. In this case, she is stupid.
Old 07-18-2006, 04:21 PM
  #6  
Senior Member
True Car Nut
 
corvettecrazy's Avatar
 
Join Date: Jun 2004
Location: Rochester, NY (college)
Posts: 6,182
Likes: 0
Received 0 Likes on 0 Posts
corvettecrazy is on a distinguished road
Default

From my understanding, if they signed an "as is" agreement then you have no ties to the car or any repair their after.

She should have taken more steps to ensure the car'* condition before buying it.

IMO it is her fault.

For all you know, the lift operator could have lifted the car from the wrong points causing more stress on area'* that weren't designed for it, therefore causing the rear of the car to crumble.
Old 07-18-2006, 04:51 PM
  #7  
Senior Member
True Car Nut
 
lash's Avatar
 
Join Date: Oct 2005
Location: Central Florida
Posts: 7,030
Likes: 0
Received 2 Likes on 2 Posts
lash is on a distinguished road
Default

Despite the fact that it is unfortunate that it happened, you will have to stand strong on this one. If you truly had no knowledge of any structural problem, you have no liability to do anything. Anything you do towards helping this person now could be construed as an admission of guilt and responsibility.

While no normal person would wish this to happen to someone they sold a car to, this is a tough lesson for them and should stay that way unless you feel strongly enough to want to eat the car and return their money. And no, I'm not recommending that.
Old 07-18-2006, 05:04 PM
  #8  
Senior Member
True Car Nut
 
SSE14U24ME's Avatar
 
Join Date: Dec 2003
Location: Right in front of you
Posts: 7,965
Likes: 0
Received 0 Likes on 0 Posts
SSE14U24ME is on a distinguished road
Default

as long as you put as is as shown and/or no warranties expressed or implied you should be okay. I put both of those on all car sales I do just in case.

It sucks that it happened but the person should have had a mechanic check it out first and if they signed the bill of sale stating as is it falls on their own negligence.
Old 07-18-2006, 05:18 PM
  #9  
Junior Member
Posts like a Ricer Type-R
Thread Starter
 
bonnyitis's Avatar
 
Join Date: Jun 2006
Location: Grande Cache, Alberta, Canada
Posts: 19
Likes: 0
Received 0 Likes on 0 Posts
bonnyitis is on a distinguished road
Default

Thanks for all the support with this disturbing episode.

Nobody ever seen a successful frame repair? If it was my car and I had welding experience, I would have given it a shot. What'* so hard about welding some thick strips or a channel iron on the good metal? Just hypothetically of course.
Old 07-18-2006, 06:06 PM
  #10  
Senior Member
True Car Nut
 
sqela's Avatar
 
Join Date: May 2004
Posts: 3,837
Likes: 0
Received 0 Likes on 0 Posts
sqela is on a distinguished road
Default

Originally Posted by bonnyitis
Thanks for all the support with this disturbing episode.

Nobody ever seen a successful frame repair? If it was my car and I had welding experience, I would have given it a shot. What'* so hard about welding some thick strips or a channel iron on the good metal? Just hypothetically of course.
my bonne has some successful frame repair work done to her.and preety good job done too i haven't had any problems


Quick Reply: Sold 89SE, rusty frame collapsed, buyer wants refund



All times are GMT -4. The time now is 10:51 PM.