Dockside Chat - Used Truck Sale

Question for you guys. I sold, in July, an F 600 Dump truck that was used. I had installed at the dealer a remanufactured engine and transmission a little over a year before I sold it. I had kept the truck garaged and only drove it less than 100 miles in that year (the reason why I was selling it). The guy has now (december) gotten in touch with me saying that the block was cracked and that it was like that when he bought it. Now remember that it is now December and he bought it in July. Does he have any legal ramifications against me? I mean I had no probelems with it and now he is getting in touch with me 5 months later.

Did you note on the bill of sale,

"As is ...where is" or

"No implied warranty" if so...I would say not.

yes, i stated "as is with no implied or expressed warranty"

If your statement concerning the "as is warranty" is correct, I can't imagine the guy having any legal claim against you! ;? I can't imagine a "cracked block" getting through the summer and Fall, and just NOW he's telling you it was like that in JULY? ;?

WHEN did he discover the problem? If it was in JULY, he's had plenty of time to notify you, although there was NO warranty to begin with!

His truck may have taken a "dump", but he's been using it for 5 MONTHS - with no warranty! :roll

Regards,

From dictionary.com:


The axiom or principle in commerce that the buyer alone is responsible for assessing the quality of a purchase before buying.

Other than that, you may choose to give him the information on the dealer who did the engine swap to see what kind of warranty they offered.

BTW, I am in no means offering any professional legal advice. I am no lawyer. This is just how I understand the selling of used possessions.

Good luck,

Ah but he's in Massachusetts, ask a lwayer but I bet it doesnt matter what you right on the bill of sale, as is means nothing in Massachusetts. I sold a guy and his kid an ATV a year ago 3 days after he buys it he calls me stating my kid can't start this thing anymore, he was having trouble starting it and when he did get it started there was something banging around inside now it won't kick over at all. I tell him sorry but if you remember you drove it away from my house and if it were me I would not have been trying to start or run it at all if there was noises in the motor what good do you think he did running it, the I stated Sorry again but it was fine when it left here, he says well I am taking you to court! I went to court and the clerk magistrate didnt want to hear anything I said so of course the decision was mailed I lost, so I appealed in front of a judge this time, the guy lied his @$$ off about everything he made quite a story and the judge bought it, so I was forced to refund this guy 100% and take back an ATV that left my house in perfect running order. So I stripped the motor down and found that the kid damaged the Kick start gear somehow and by continuing to ride it he wiped out almost every gear in the motor, now I am hot so I run right down to the courthouse and file a claim against him for excessive damage done by negligence, guess what I LOST AGAIN!!! The court system is a joke you will be screwed mark my words.

Man that is a crappy story...how can a seller prevent this type of thing?

Tiger Rag - 12/15/2004 11:29 AM

From dictionary.com:


The axiom or principle in commerce that the buyer alone is responsible for assessing the quality of a purchase before buying.

Other than that, you may choose to give him the information on the dealer who did the engine swap to see what kind of warranty they offered.

BTW, I am in no means offering any professional legal advice. I am no lawyer. This is just how I understand the selling of used possessions.

Good luck,


I should have proof read better before posting. The latin phrase: "Caveat Emptor" should have appeared before the definition: "The axiom or principle in commerce that the buyer alone is responsible for assessing the quality of a purchase before buying."

Vectorfisher...That is one of the most rediculous stories I have ever heard. Maybe your magistrate is related to our own local hero, John Edwards. :roll

Always put it in writing*with a copy for yourself, both parties should sign each copy of the bill of sale.

Vectorfisher, the only reason I can think of that you lost is did you sell to the kid or the father? A minor can only be bound to a contract for food, clothing and shelter. Any time prior to the age of 18 (may vary in some states) they can return the item to you and the court will normally not side with you. A parent can make the same demand on a child's behalf.

Better luck next time.

Kamper I sold to the old man he gave me cash for for most of it and $ 100.00 check from himself and his wifes account for the remiander. I would not sell to his son alone they made 2 seperate trips to my house. Just to give you an idea of what type of people they were they brought 3 people and 2 cars NO TRUCk the kid was going to ride it down the road in between the 2 cars all the way home roughly 6 miles of road driving I wouldnt let him I showed him how to get there through the woods ;? Then the guy in court cries and whines that he cannot get it back to my house because he has not truck and the judge orders me to go to his house with my truck refund his money 100% and take back the ATV they tore up, I almost lost it, if I didnt have a decent head on my shoulders I would be in jail right now :mad: :mad: