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Sued by a car dealer after selling a used car to them?


Sued by a car dealer after selling a used car to them?

Old 09-28-2019, 03:45 PM
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Default Sued by a car dealer after selling a used car to them?

Drama seems to find me as of late.
I welcome some advice on the following.

-I sold a 20+ year old Porsche 911 to the owner of a dealership on the opposite coast from me. He requested no additional photos/videos beyond my original ad, denied a local inspection of any kind and told me at length how knowledgeable he is about these cars. All sounded great.
-He paid, by way of wire transfer from his dealership account, and he arranged shipping therafter. I promised him all receipts I had would go with the vehicle (given it's extensive maintenance history and his intention to re-sell) and I bundled them into a nice 3 ring binder. I sign the title, instructed to leave the "buyer" section blank as he is a dealer and will re-sell this, and fedex'ed him the title and email a signed AS-IS bill of sale.
-On the day of pickup I photographed the car to confirm condition and in the videos are my binder of receipts on the passenger seat. Buyer's shipper gives me a bill of lading which I sign.

-Upon receipt he calls asking if I have copies of all the documents I sent. I tell him I don't and let him know he has the originals as requested which went with the shipper as he requested.
-Within hours, his dealership GM emails me telling me the car is not as advertised, I'm a fraud and they are going to sue me and start posting across the internet my name (I'm an individual) and how I'm a thief. No phone call or anything, just an immediate email.
-Dealer owner then emails me telling me how he has found all sorts of discrepancies and problems after his dealership mechanics started disassembling the car. None were apparently obvious until disassembly. I obviously knew of none of them (if even real) and can't substantiate the prior work to him given he has all of the vehicle's receipts. As noted previously, this was an as-is sale from me as an individual to him as a dealer. He elected not to have the car inspected locally prior to purchase.
-Dealer owner then demands that I either accept the car back (I'm assuming after he re-assembles it?) of refund him 40% of the purchase price as a "settlement". Neither, is obviously appealing to me. Absent this, he tells me again in an email he will start badmouthing me online and will sue.

I've left off with the owner of the dealership that I'm neither taking the car back nor am I getting blackmailed into refunding 40% of the purchase price.

Is there any scenario where he sues me? If so, is it in California (where he resides) or in Massachusetts (my home address)? I don't want to be stuck defending a frivolous lawsuit 4000 miles away.
Any defense to him bad-mounting me online? It seems he has more to loose than I, given he is a car dealer.
Do any CA natives have any insight into consumer protections laws or regulations relating to something even tangentially close to this. Here in MA we have this "unfair and deceptive trade practices" statute. Does CA have anything similar.

Thanks all, I welcome the opinions.

Old 09-28-2019, 03:52 PM
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Not a lawyer, but even if they filed suit, they wouldn't have much of a case with a signed "as is" bill of sale and pictures showing the car's condition before you delivered it to them.

Tell them to pound sand.
Old 09-28-2019, 03:53 PM
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I can’t help you with the legal aspects of this matter but if I were a betting man I’d say this was his plan from the beginning. I’d be surprised if he sues you. Sounds like an old fashioned shake down to me.
Old 09-28-2019, 03:55 PM
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When doing business across the country, especially with a dealer, I would have added an arbitration clause requiring it to be conducted in MA.
Old 09-28-2019, 03:58 PM
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It is incumbent on a buyer of a used car to do due diligence, as in an inspection. You sold it as-is, it is their car and their problem. Does not matter if a 911 or a beater Civic. They can sue you if they like, but it will likely go nowhere. Just keep good notes on any correspondence between the parties.

By asking if you kept copies, it sounds a bit like a shake-down. Let them eat fish heads.
Old 09-28-2019, 03:58 PM
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Sorry can’t help you but I would do exactly what you are doing. They took it apart.....what else did they do? As is where is!
Old 09-28-2019, 03:58 PM
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that stinks, sounds like a little advertising in his location is needed
Old 09-28-2019, 04:01 PM
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Tell him to piss off and warn him if they libel your name you will be suing him.

Old 09-28-2019, 04:06 PM
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I would send him an email with a Youtube video explaining the concept of Caveat Emptor.
Old 09-28-2019, 04:07 PM
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Car dealers. Gotta love ‘em!
Old 09-28-2019, 04:11 PM
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IF, you contact the thief again tell him how your dear suspicious wife, unknown to you, made copies of everything and fvck you very much.
Old 09-28-2019, 04:14 PM
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He is the expert that decided to buy a car "as is" no inspection. Wouldn't surprise me that this is his normal business tactics. Take the car and renegotiate the "price" with threats. Kind of interesting he asked about copies of the documentation.

Old 09-28-2019, 04:15 PM
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I wouldn't give this any energy at all. Just keep correspondence and live your life. NOTHING will come of it. On second thought, you may want to send him a certified letter telling him to cease all communication with you. Just a thought...
Old 09-28-2019, 04:18 PM
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Specifically, what are they claiming is wrong with the car?

Why are they disassembling it?
Old 09-28-2019, 04:21 PM
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I suggest an attorney - Should be low fees & worth every penny - Let them do the correct legal correspondence to protect you

Best of luck
Old 09-28-2019, 04:21 PM
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So, am I to understand you let the car go without a signed "as is" bill of sale? You do not have a copy of their signature on a bill of sale? You expected them to sign it after they got the car?

If that's the case, I don't understand your thought process. This "dealer"...is he legit? Because he sounds like a scammer setting up unsuspecting sellers to shake them down after he has the car.

Name the dealer and let's check him out.
Old 09-28-2019, 04:24 PM
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Invite him here.
Old 09-28-2019, 04:24 PM
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did your receipt say "as is" or any documentation stating that...??? of so, Tell him he has a lot more to lose by someone badmouthing him then you do.. Trying to scare you into returning some money.... screw him.
Old 09-28-2019, 04:27 PM
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Sounds a little like extortion.

Tell him to go ahead and bad mouth you online, then tell him you'll own a piece of his dealership after you lay the smackdown on him for defamation.

Then tell him if he or his GM have anything else to say on the matter that they should direct it to your attorney.

Go pay an attorney retainer fee and provide his/contact information.

Bet you wont hear from him again.

What do online reviews of his dealership say? BBB record? Contact his local Better Business Bureau and file a complaint against his dealership. Turn the tables around...

Last edited by Fish'nFool; 09-28-2019 at 04:35 PM.
Old 09-28-2019, 04:29 PM
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Let me shake your hand, you got over on a used car dealer

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