need advice...

[sgvnsxrated]

My roommate has run into some tough financial problems so he puts his 1996 BMW M3 he purchased a month ago up for sale. He sells the car for $5000. The car had a salvage title, which was fully disclosed to the buyer. They both write up an agreement which states the car is purchased "as is"

A week later the buyer calls up my roommate and says the car was previously cut in half and re-welded. Something which my roommate previously didn't know about. (or else he wouldn't have bought the car in the first place either) So the buyer gives my roommate two options, refund or he'll take him to small claims court. My roommate of course can't do the refund.

So what do you guys think? Does the buyer have a case? Should he be worried?

 

[Daedalus]

Unless there's more to the story or your roomie has a dealer's license, it sounds like the buyer is going to waste everyone's time. I'm pretty sure there are no disclosure laws for private party sales, and even if there was it probably wouldn't be possible to prove. You don't even need an "as-is" agreement. That's understood. The salvage branding is a non-issue since it's on the title. Your roomie has 2 options, except 1 isnt' an option. Tell the buyer he can suck rocks now and later in court.

 

[sgvnsxrated]

Nope, no dealers license

 

[sahtt]

It's almost impossible to accomplish what that guy is trying to do. "As is" is just that. It doesn't have to be running or even have 4 wheels on it. The fact that the title was salvage would have it thrown out of court in a milisecond.

Judge - "So son, you are telling me you bought a 12 year old sports car with a salvage title from a private party and didn't bother to have it checked out by a shop?"

Buyer - "No sir".

Judge - "Case dismissed. Next."

 

[tosugrad]

I agree with the above. No merit to the case.

 

[sgvnsxrated]

It's almost impossible to accomplish what that guy is trying to do. "As is" is just that. It doesn't have to be running or even have 4 wheels on it. The fact that the title was salvage would have it thrown out of court in a milisecond.

Judge - "So son, you are telling me you bought a 12 year old sports car with a salvage title from a private party and didn't bother to have it checked out by a shop?"

Buyer - "No sir".

Judge - "Case dismissed. Next."

Thanks...Sounds like dialogue from "the People's Court"