Sale of a vehicle
I sold my truck about 5 months ago (I believe it was in June or July). During the process I have stated that the truck was previously damaged and has been fixed to the buyer.
He took it to his mechanic and proceed with the transactions.
We finalized the transaction and I wrote a Bill of Sale stating that the truck was sold AS IS with no warranty and also the previous damage was mentioned. Two days ago, the buyer left me a ”threatening” message to have his attorney call me, etc, and said that he received his registration (6 month later?) and the title was showing Total Reconstructed. He sounded very upset.
I did not know how to react. I thought I was very honest and showing good intention by going to a great detail explaining about the damage, and let him check the truck to his own mechanic.
What do I have to do, why did it take almost 6 months for him to bring it back into my attention?
Please advise me.
Thank you for your help and time.
Re: Sale of a vehicle
Thank you for clarifying that this is a washington Problem, as I’m not licensed in OR and the original message seemed to indicate it was asking for an answer based on OR law.
Okay – in Washington, here is your short answer:
As long as you were clear when you sold him the car that 1. you are not a dealer (merchant in the ordinary course of usiness) and that 2. The title showed that the car had been totalled when you sold him the car AND you transferred the title promptly, then you should be okay.
When ever people threaten that their atty is going to call you it is your first clue that they don’t have an atty.
If my clients did that I would fire them. Good lawyers are very cagy about contacting opposing parties – there are rules about that! So, I would expect that if you were to receive communication from a lawyer it would be a letter, not a threatening phone call.
Possibly a summons and complaint – if that happens, you want to consider lawyering up. This is NOT advice to you to do this yourself. What I’m saying is that if you were clear with him that the price you offered was based upon the condition of the car – and he agreed to pay that KNOWING the car had been in some kind of accident – then he cannot sue you pursuant to the CPA for example, as you are not a merchant.
So, don’t stress over cranky phone messages. (You can transcribe and save them if you are truly concerned that you need a protection order)
But otherwise? Eh. the concept is called “Benefit of the Bargain”. He got what he paid for and knew what that encompassed.
You are probably fine, based on what you said here.
Good luck. Powell
Elizabeth Powell
ELizabeth Powell PS Inc
535 Dock Street, Suite 108
Tacoma, WA 98402