Sold 89SE, rusty frame collapsed, buyer wants refund - GM Forum - Buick, Cadillac, Chev, Olds, GMC & Pontiac chat


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Old 07-18-2006, 04:58 PM   #1
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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?
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Old 07-18-2006, 05:00 PM   #2
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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.
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Old 07-18-2006, 05:16 PM   #3
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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.
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Old 07-18-2006, 05:18 PM   #4
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Quote:
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.
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Old 07-18-2006, 05:20 PM   #5
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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.
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Old 07-18-2006, 05:21 PM   #6
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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.
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Old 07-18-2006, 05:51 PM   #7
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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.
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Old 07-18-2006, 06:04 PM   #8
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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.
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Old 07-18-2006, 06:18 PM   #9
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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.
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Old 07-18-2006, 07:06 PM   #10
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Quote:
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
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