In almost any state he has recourse if it happened within 72 hours. If you claimed the car was running, and it blew on the way home, he can claim fraud against you. I would get it back unless you really need the dough. In that case let him have it and cut your repair expense losses.
WRONG! In most states, a private party sale is covered by NO WARRANTY unless it is written in the sales agreement. Most states, a private party sale is Caveat Emptor (Let the buyer beware); it is the buyer’s responsibility to have the car inspected BEFORE he purchases the vehicle... Once the sales receipt is signed, the car is his...
Purchasing a used car from a dealer (of any kind), in most states, will come with some sort of a warranty...
How the PO resolves the problem is another story. If wants to be decent person, he can work out some sort of a deal...
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10:55 AM
Deabionni Member
Posts: 4086 From: Kalkaska, MI Registered: Mar 2004
Originally posted by ANTEC900: What if he wont give it back and I have no way to get it back if the engine is rely blown
As long as you have the title, and the car is in your name; the car is still yours! You have every right to go claim your car back at this point, as the deal is not finalized and you are still the title holder of your car.
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11:11 AM
fieroguy123 Member
Posts: 1523 From: Indianapolis Registered: Sep 2009
Mark Savage from Lafayette just called me, said maddanceskillz gave him my number, and asked me to drive up to lafayette and change the water pump on his newly aquired 86GT at his house since the car is not capable of making it to mine. I'm assuming this is your guy? He says the water pump is puking antifreeze everywhere and that's why it had to be towed to his house... I have half a mind to tell him that he needs to pay you the balance on the car before I'll come up there and fix it for him.
------------------ May the Lord guide me where I must go. May the Fiero get me there in style
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06:41 PM
ANTEC900 Member
Posts: 155 From: Mooresville IN Registered: Oct 2010
Mark Savage from Lafayette just called me, said maddanceskillz gave him my number, and asked me to drive up to lafayette and change the water pump on his newly aquired 86GT at his house since the car is not capable of making it to mine. I'm assuming this is your guy? He says the water pump is puking antifreeze everywhere and that's why it had to be towed to his house... I have half a mind to tell him that he needs to pay you the balance on the car before I'll come up there and fix it for him.
Okay that would be great if you could let me know if it is and the car has a gray bumper with deep black scratches
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06:50 PM
fieroguy123 Member
Posts: 1523 From: Indianapolis Registered: Sep 2009
Its him, it has to be him. He said he bought the car 2 days ago and that it cost him 150 bucks to have it towed home. What are the odds that that exact scenario happened twice in indiana in the same day?
I'm not gonna go up there and fix it, I don't like scammers. You need to make him pay you the balance of the contract.
He was dogging the car and told me he was disappointed in the power level because he was trying the get it to do a burn out when the water pump blew...
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06:53 PM
87antuzzi Member
Posts: 11151 From: Surrounded by corn. Registered: Feb 2009
Its him, it has to be him. He said he bought the car 2 days ago and that it cost him 150 bucks to have it towed home. What are the odds that that exact scenario happened twice in indiana in the same day?
I'm not gonna go up there and fix it, I don't like scammers. You need to make him pay you the balance of the contract.
He was dogging the car and told me he was disappointed in the power level because he was trying the get it to do a burn out when the water pump blew...
Oh wow.....To OP. The guy owes you the agreed amount. Dont take his **** because he is older than you.
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06:56 PM
ANTEC900 Member
Posts: 155 From: Mooresville IN Registered: Oct 2010
Mark Savage from Lafayette just called me, said maddanceskillz gave him my number, and asked me to drive up to lafayette and change the water pump on his newly aquired 86GT at his house since the car is not capable of making it to mine. I'm assuming this is your guy? He says the water pump is puking antifreeze everywhere and that's why it had to be towed to his house... I have half a mind to tell him that he needs to pay you the balance on the car before I'll come up there and fix it for him.
Lol mark savage was the guy what a a*s he owes me $1100 still
[This message has been edited by ANTEC900 (edited 06-18-2011).]
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07:00 PM
fieroguy123 Member
Posts: 1523 From: Indianapolis Registered: Sep 2009
I just finished talking to Mark on the phone after he talked to Bobby. He asked me to do a water pump install, and I told him I did not have the means to do that at his location, but I knew someone who could do it (Fieroguy123).
It IS the same car. he said it's a red 86GT with a silver bumper.
He said that late last night was the first time he realized it might be the water pump instead of a blown head/etc, and that when it died on the way home he canceled the check he had written you before you could cash it.
I'm not trying to start anything, but I and others remember the BS about the silver Fiero you sold. The one that had the bad engine, transmission, and almost everything else. I inspected it for you and tried to drive it, then told you that the car was toast, which it DEFINITELY was. 2 days later you listed it on Craigslist saying it runs and drives great. That car would barely go 20mph it had so little compression.
Given that, I'd say everyone needs to back off of the buyer until the truth comes out. I don't even know the guy, never talked to him before today, but he's not trying to scam ANTEC here, he's trying to protect himself from being scammed. I'm sure ANTEC told him the car ran and drove great, which is what Mark said he was told. Whether that was a purposeful lie or a lie born of ignorance is not clear yet. If I bought a car for 1,400$ that didn't even make it home, I'd cancel the check too until things were cleared up.
Bottom line, if you told him it ran and drove well and it didn't, you should let him have the car for what he has in it or give him his money back minus his tow bill (Not your responsibility no matter what) and take your car back.
Sorry for my interjection. I'm never even on here any more because I'm sick of crap like this. I just got on because Bobby told me about the thread on the phone. Pennock's sure doesn't need much evidence to start a lynch mob.
[This message has been edited by MadDanceSkillz (edited 06-18-2011).]
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07:47 PM
ED77KATR Member
Posts: 420 From: Wildwood Crest, NJ Registered: Nov 2003
I posted what I know, now I'm staying out of the middle of it. This is between ANTEC and the buyer now. I just hope it all works out to where both parties are happy...
[This message has been edited by fieroguy123 (edited 06-18-2011).]
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07:56 PM
PFF
System Bot
ANTEC900 Member
Posts: 155 From: Mooresville IN Registered: Oct 2010
I just finished talking to Mark on the phone after he talked to Bobby. He asked me to do a water pump install, and I told him I did not have the means to do that at his location, but I knew someone who could do it (Fieroguy123).
It IS the same car. he said it's a red 86GT with a silver bumper.
He said that late last night was the first time he realized it might be the water pump instead of a blown head/etc, and that when it died on the way home he canceled the check he had written you before you could cash it.
I'm not trying to start anything, but I and others remember the BS about the silver Fiero you sold. The one that had the bad engine, transmission, and almost everything else. I inspected it for you and tried to drive it, then told you that the car was toast, which it DEFINITELY was. 2 days later you listed it on Craigslist saying it runs and drives great. That car would barely go 20mph it had so little compression.
Given that, I'd say everyone needs to back off of the buyer until the truth comes out. I don't even know the guy, never talked to him before today, but he's not trying to scam ANTEC here, he's trying to protect himself from being scammed. I'm sure ANTEC told him the car ran and drove great, which is what Mark said he was told. Whether that was a purposeful lie or a lie born of ignorance is not clear yet.
Sorry for my interjection. I'm never even on here any more because I'm sick of crap like this. Pennock's sure doesn't need much evidence to start a lynch mob.
Lol the silver fiero still runs and it rely does run great and I never told him it ran great he was the one saying that it ran good after the test drive And you need to back off me and everyone else on here
Edit I still have the gray fiero nevet sold it for the record
[This message has been edited by ANTEC900 (edited 06-18-2011).]
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07:56 PM
ED77KATR Member
Posts: 420 From: Wildwood Crest, NJ Registered: Nov 2003
If the guy tried to light em up its his own dumb ass fault for breaking the car! OP has a learners permit, meaning he not going to drive like a bat out of hell with a learners permit. So he drove it normal and didn't know the car wouldn't take to the abuse of a burnout. If I sold a car to someone and they did a burnout and broke something I would be chasing them down for the rest of my money. Well actually they would not drive off without paying. Anyways, the guy needs to be a big boy and pay for the rest of the car. I would call the person who bought the car and demand you are paid in full within 48 hours of the car will be reported stolen.
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08:03 PM
ANTEC900 Member
Posts: 155 From: Mooresville IN Registered: Oct 2010
I just finished talking to Mark on the phone after he talked to Bobby. He asked me to do a water pump install, and I told him I did not have the means to do that at his location, but I knew someone who could do it (Fieroguy123).
It IS the same car. he said it's a red 86GT with a silver bumper.
He said that late last night was the first time he realized it might be the water pump instead of a blown head/etc, and that when it died on the way home he canceled the check he had written you before you could cash it.
I'm not trying to start anything, but I and others remember the BS about the silver Fiero you sold. The one that had the bad engine, transmission, and almost everything else. I inspected it for you and tried to drive it, then told you that the car was toast, which it DEFINITELY was. 2 days later you listed it on Craigslist saying it runs and drives great. That car would barely go 20mph it had so little compression.
Given that, I'd say everyone needs to back off of the buyer until the truth comes out. I don't even know the guy, never talked to him before today, but he's not trying to scam ANTEC here, he's trying to protect himself from being scammed. I'm sure ANTEC told him the car ran and drove great, which is what Mark said he was told. Whether that was a purposeful lie or a lie born of ignorance is not clear yet. If I bought a car for 1,400$ that didn't even make it home, I'd cancel the check too until things were cleared up.
Bottom line, if you told him it ran and drove well and it didn't, you should let him have the car for what he has in it or give him his money back minus his tow bill (Not your responsibility no matter what) and take your car back.
Sorry for my interjection. I'm never even on here any more because I'm sick of crap like this. I just got on because Bobby told me about the thread on the phone. Pennock's sure doesn't need much evidence to start a lynch mob.
I just thought I would ask can a badly ajusted throttle cable/a cable thats to short Make a fiero seem like it has little compression? because the people I got the silver fiero said they replaced it and it was to short and the gas peddle is like allways to the floor it has been like that since before you looked at it
Also mark had not contacted us except once at 10am the day after the engine suposedly blew and it blew at probably around 4am on his way home he could have called then And in over 24 hours we have not heard from him if it is the water pump shouldint he have called us when he found out?
Bottom line is, if he does not pay you the rest of the money, you can report the car stolen and make him pay for any damages to the car... Yes, that would be in poor tast and you guys should try and work something out. But the law is on your (OP's) side; how your chouse to deal with it will say allot about your character...
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09:15 PM
ANTEC900 Member
Posts: 155 From: Mooresville IN Registered: Oct 2010
Bottom line is, if he does not pay you the rest of the money, you can report the car stolen and make him pay for any damages to the car... Yes, that would be in poor tast and you guys should try and work something out. But the law is on your (OP's) side; how your chouse to deal with it will say allot about your character...
Sorry but what does OP stand for? And I ether want the rest of the cash or the car back and any damages fixed I dont care which one but I would prefer to get it back I will let him deside which way he wants to go
I was just told the head is cracked. It's pretty unlikely that randomly happened on the way up there. As others have said, what you do will significantly affect how people on here see your character. If you're seriously demanding all the $ or the "damages" fixed and the car back, you're an ass. There's nothing to say you're not trying to screw him over and make him fix an expensive problem that was already there.
I hope this has a happy ending, but I'm not optimistic. I'm out of the thread now unless I get a pic of the head crack, which I will post
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09:36 PM
ANTEC900 Member
Posts: 155 From: Mooresville IN Registered: Oct 2010
I was just told the head is cracked. It's pretty unlikely that randomly happened on the way up there. As others have said, what you do will significantly affect how people on here see your character. If you're seriously demanding all the $ or the "damages" fixed and the car back, you're an ass. There's nothing to say you're not trying to screw him over and make him fix an expensive problem that was already there.
I hope this has a happy ending, but I'm not optimistic. I'm out of the thread now unless I get a pic of the head crack, which I will post
How does a head just crack? also he told us he was useing cruse control at the time of it happining that was yesterday around 5pm and I find out he was pushing it hard at the time it happened today I googled that and you cant just crack a head you have to overheat it and run it rely rely hard from what it looks like And the oil was clean when it left my drive way so he must have been pushing it super hard
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09:48 PM
boomme Member
Posts: 197 From: austin texas Registered: Feb 2011
you do realize that with the title in your name... he could have taken the car and committed a crime... robbed a bank or worse... and they would be looking at you. also... if he had had an accident in it... whoever he hit or injured could have come back and sued you for thousands because the car was in your name.
at 18, you are young.... and hopefully this is a lesson learned.... but WTH is your mother's excuse? ....????
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09:53 PM
PFF
System Bot
Pappy Member
Posts: 842 From: Land of Confusion Registered: Apr 2010
you do realize that with the title in your name... he could have taken the car and committed a crime... robbed a bank or worse... and they would be looking at you. also... if he had had an accident in it... whoever he hit or injured could have come back and sued you for thousands because the car was in your name.
at 18, you are young.... and hopefully this is a lesson learned.... but WTH is your mother's excuse? ....????
They would go after the insurance from the repair plate the buyer ttached to the car first; as it would most definatly have better/more coverage...
OP = Original Poster or the person who started the thread
Heads usually crack from over heating; Unless you knew about it, caveat emptor. Its a used vehicle...
[This message has been edited by ALJR (edited 06-18-2011).]
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09:59 PM
GT86FASTBACK Member
Posts: 757 From: Monroeville, PA Registered: Jul 2009
ok he bought a car ,drove it hard (admittd it openly) blew the water pump,overheated the engine and cracked a head in the process..sounds like the buyer is SOL to me..plus he owes you some cash..or you get the car back..but like everyone else has said PAID IN FULL next time..
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12:08 AM
fieroguy123 Member
Posts: 1523 From: Indianapolis Registered: Sep 2009
ok he bought a car ,drove it hard (admittd it openly) blew the water pump,overheated the engine and cracked a head in the process..sounds like the buyer is SOL to me..plus he owes you some cash..or you get the car back..but like everyone else has said PAID IN FULL next time..
EXACTLY my feelings on the matter. The buyer told me himself that the temp was in the red and the engine died before he noticed that it had overheated.
------------------ May the Lord guide me where I must go. May the Fiero get me there in style
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01:54 AM
ANTEC900 Member
Posts: 155 From: Mooresville IN Registered: Oct 2010
EXACTLY my feelings on the matter. The buyer told me himself that the temp was in the red and the engine died before he noticed that it had overheated.
O.o wtf you have to be kidding me
how long do I have to report this cr*p to the police? I going to call him tomorrow and tell this is a load of cr*p and I am getting the car back + repairs cost It would have been better if he never called the bank and told them not to cash the check now its just a scam he is trying He said he would call us today and what do you know nothing I will be calling him today now that its 2am
Edit: my mom is going to call him she is better at staying calm and she better not mess it up worse
Edit 2: thanks to everyone who has helped me so far and if it was not for you fieroguy123 I would deff be SOL thank you so much for letting me know I will let you all know what he says tomorrow
[This message has been edited by ANTEC900 (edited 06-19-2011).]
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02:11 AM
Mystik Member
Posts: 124 From: Ontario, Canada Registered: Feb 2011
EXACTLY my feelings on the matter. The buyer told me himself that the temp was in the red and the engine died before he noticed that it had overheated.
I'm with you guys, I've been watching this thread grow over the past little while and wow. amazing. Fieroguy123, you're doing the right thing staying away from him. obviously a crook. He should know the laws employ caveat emptor, and he's trying to foist his costs off to the kid that doesn't know any better.
- he ADMITTED to trying to perform a burnout on a car he JUST BOUGHT - probably to try and see if anything would break. - he CANCELLED his cheque 'before it could be cashed' due to his mistake - he towed it to his own house, with the intention of gouging OP for the sale - honestly, if you were going to even possibly reject a sale (even after the fact) because the item fell apart within the first 24 hours, would you not try to contact the seller to see if they want to back out on the deal and have it towed to THEIR house?
honestly, this situation reeks. I would attempt to cash the cheque, when it bounces, I would call the police and report the car as stolen.
Fieroguy I saw a thread about you being a swell guy and it sure shows, next time I'm in elkhart I want to cruise down and buy you a beer. I guess its pretty unanimous decision to report it stolen pending tomorrow/todays phonecall. Best of luck with getting this resolved in your favor. Can I ask why its 1432? 32 is just an odd number to sell it for.
[This message has been edited by Sigler85GT (edited 06-19-2011).]
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03:49 AM
ANTEC900 Member
Posts: 155 From: Mooresville IN Registered: Oct 2010
Fieroguy I saw a thread about you being a swell guy and it sure shows, next time I'm in elkhart I want to cruise down and buy you a beer. I guess its pretty unanimous decision to report it stolen pending tomorrow/todays phonecall. Best of luck with getting this resolved in your favor. Can I ask why its 1432? 32 is just an odd number to sell it for.
It should be $1500 but he had $332 on him so I was like give me that and $1100 in a check because the banks were closed he showed me his account balance on his phone to prove he had the cash Im not sure if i said this It was like 1am when he came over to look at it
for now with the evidence i am on the kids side! car dealers KNOW BETTER!!
quote
Originally posted by thismanyfieros:
ok he bought a car ,drove it hard (admittd it openly) blew the water pump,overheated the engine and cracked a head in the process..sounds like the buyer is SOL to me..plus he owes you some cash..or you get the car back..but like everyone else has said PAID IN FULL next time..
wow with that being said that makes it seem alot worse, like he intended to stop payment the whole time. i shouldn't speculate since i don't know anything more than what i have read but thats deffinetly pretty fishy.
If he stopped payment on the check....that might be fraud. When you give a check, you guarantee that can be exchanged for cash. Stopping payment because (insert excuse here) doesn't cut it.
It should be $1500 but he had $332 on him so I was like give me that and $1100 in a check because the banks were closed he showed me his account balance on his phone to prove he had the cash Im not sure if i said this It was like 1am when he came over to look at it
Wait a sec., He gave you $332 in cash and a check for $1100? If so, did you cash the check yet? If not, what are you waiting for? If the check was /is cancelled, call the poilice and save every document, make a ledger and make notes w/ dates/times of what your conversations were about. Save everything as evidance, sounds like this will go to small claims court...
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10:08 AM
olejoedad Member
Posts: 18039 From: Clarendon Twp., MI Registered: May 2004
You never said wheither you wrote out a bill of sale or reciept of payment? If you did, I hope you wrote SOLD AS IS on it.
SOLD AS IS means if it breaks on the driveway after he buys it, it's HIS responsibility. Take full payment first, cash, cheques are bullshit. Even certified cheques can be cancelled.
------------------
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01:05 PM
ANTEC900 Member
Posts: 155 From: Mooresville IN Registered: Oct 2010
You never said wheither you wrote out a bill of sale or reciept of payment? If you did, I hope you wrote SOLD AS IS on it.
SOLD AS IS means if it breaks on the driveway after he buys it, it's HIS responsibility. Take full payment first, cash, cheques are bullshit. Even certified cheques can be cancelled.
We never put as is on it and nobody asked about a warrenty
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01:12 PM
fieroguy123 Member
Posts: 1523 From: Indianapolis Registered: Sep 2009
Hi I need to talk to you asap I pmed you yesterday my number He is saying he never did anyof this
Well of course he is! Antec, I have absolutely nothing to gain by making up lies or stirring the pot. I simply told you exactly what he told me over the phone and nothing more... He has everything to gain by denying what he said because he's already lied to you and he's trying to scam you out of $700.
I don't know either of you and I honestly don't care who is scamming who or what the truth turns out to be. But when I see a thread asking for help, I feel inclined to do my "due diligence" when I have information that could help..
I would like to stay out of this from this point forth if I may. You know what I was told and I have nothing else to share. I wish you the best of luck A.J.
------------------ May the Lord guide me where I must go. May the Fiero get me there in style
EXACTLY my feelings on the matter. The buyer told me himself that the temp was in the red and the engine died before he noticed that it had overheated.
Quick note, the buyer does not own a car lot, that's yet another completely baseless assumption being made here.
He didn't tell me that, and that changes my feelings on the matter a lot. Anybody (Especially if they're in the car business) who buys a Fiero and doesn't have one eye on the temp gauge the whole way home is stupid. I look at mine every 10 seconds or so out of habit, and my car has never overheated once. There's a good possibility he cracked the head.
I asked again for a pic of the cracked head and still have not received one. I will be in Lafayette on Thursday and I'll check the car out in person while I'm there if he lets me. Until me or someone else does that, I would not call the police. I'm a CJC student in indiana, and I know the Indiana law pretty well. If you call the police and report it stolen and the title has not left your possession yet, here's exactly what will happen. They will tell you it is a civil matter since you willfully let him take possession of it. Then you'll have to sue him in civil court. After at least a couple hundred $ if you can get by without a lawyer. You and the buyer will get an order from the judge to nullify the transaction, meaning you pick the car up in it's current condition at your own expense and give him back any money he has given you. You will not win if you sue him for damages because the burden of proof is on you as the seller to prove it wasn't broken when it was sold, which will be difficult if not impossible unless you had it inspected first.
My advice is, as before, to try and work something out with your buyer. Once you get the police involved there's probably no going back as far as an amicable resolution goes. Involving the legal system will likely cost you more than you sold the car for to get it back. The law is on your side, but in Indiana it's civil law, not criminal. The police are not going to help anything here, and they have better things to do than settle disputes that should be settled like men.
Next time, make the buyer sign a contract. I had the guy that bought my car sign a long and detailed contract, then we got it notarized. There are several clauses about nonpayment that would fix this situation with no lawsuit needed. This should be a lesson learned no matter the outcome.
One more thing...try putting yourself in the buyer's shoes. I still don't think he's trying to scam you or planned this. The guy buys a car from you that basically suffers an engine failure on the way home. Not to say I'm laying the blame on anyone, but if you look at the situation from his perspective it looks a lot different. From his point of view, you screwed him over. When you're young (Or a member of Pennock's) it's hard to see things from other points of view.
I don't see why you don't try and work something out that is fair to both of you. Just because the law might be on your side is no reason to be an ass. I'm pretty disappointed in most of the replies here.
[This message has been edited by MadDanceSkillz (edited 06-19-2011).]