A gentleman bought a viper from a friend of mine He looked at the car put a deposit then picked the car up five days later. He spent an hour or so looking over the car before He exchanged the agreed amount then drove the car home. late the next day the man calls my friend and says that the paint on the door does not match he would like to return the car.(this car was a low mileage single owner never damaged car with 2.3K on it) Am I crazy or if some one purchases your car after looking at it in detail two times then drives the car away I would say like it or not that person owns the car. Input Please
Depends on the state you are in and the written contract you have. If your friend purposly missrepresented the car as never being repaired and it actualy was the buyer might have a legitamate dispute. But it would be difficult to prove unless their is alot more than just slight paint miss match.
Sounds like someone's got buyers remorse. With no contract, I dont see how your friend can be forced to accept the return. I say let the guy return it but let him know he's not getting his deposit back (or a % of the deposit, depending on the amount). Car now more miles on it than it did when sold and more "wear and tear" depending on how he drove it while he had it. OR the new owner found something more major wrong with it and is bitching about something relatively small to increase the odds of your friend accepting the return.
He may have buyers remorse and is looking for an excuse to get his money back. The paint doesn't match all that well on these cars to begin with. The front and rear bumpers never match the hood and quarter panels and the side sills are usually a slightly different shade too since they are made of aluminum.
Hopefully someone can chime in with what the law is regarding this situation.
would take $300 to repaint the door (although I don't think it needs it from how you described) and problem is solved.
if I purchased a low mileage viper and it's in great shape, a minor defect wouldn't be a reason to return.
there's something else going on, IMHO
I just bought a sapph blue GTS, slight damage in transit-I could have argued it and returned the car yes...but I knew I looked awhile for the color combination, and I had the car in front of me
The laws in California are that once the buyer takes delivery of the car, they own it. In some states, there is a 3 day cooling off period. If its been more than 3 days, the seller isn't obligated to take the car back. This only applies if the seller is a car dealer. With private party transactions, sold is sold.
Only way the buyer can get his money back is if he sues and wins the case. That is not likely unless there are defects that diminish the value significantly and the seller was aware of these defects and did not disclose them.
Not a lawyer but I did stay at a Holiday Inn last night.
j/k...was involved in a case similar to this a couple years ago and the above is almost verbatim what the judge told us.
Buyers remorse is Back. Now the buyers is trying to get money back by saying the cars odometer does not match the computers mileage. He could be right this car He purchased was a modified GTS it had 3:73 rear installed at less than 800 miles the car had 2300 miles a difference of 1500 miles. this car had a supercharger and other mods the ecu was in and out several times for reprogramming the buyer is now threatening with suing the old owner. I guess some Men cant be happy when you make a purchase You should make sure You actually want and have that kind of money to spend.
what a goof!!! If your friend wants to be hard on him, tell him he'll return the car minus the difference in damages the buyer has done to the car. Point out every scratch, extra mileage, wear and tear, etc and then file a countersuit. LOL!!! Only the lawyers will win this one. If it were me, I would NOT return the car.. I buy/sell for a living as to LOTS of ppl on this board I'm sure and there are some people you can NEVER please, no matter what you do. It's those people you have to never do business with again. It doesn't matter what they do, who they buy from, etc, they'll make a stink about anything and everything.. Very sad....
And if he even considered taking the car back, charge him the daily rental rate for a Viper (when you can find them). I think it is usually $400-$500 per day plus $0.50 per mile...