mndsm
PowerDork
2/6/13 5:11 p.m.
Well, the transaction is completed. As is where is. Around here we have the red light warranty. Once I can't see the car's red tail lights, it's not my problem any more. You have the cash. If she keeps it up, inform her that you already have a lawyer, that you've kept records of everything, and you'll be happy to meet her in court. Beyond that, call the police and tell em you got a crazy bitch that won't get off your lawn.
Nathan JansenvanDoorn wrote:
Then she said "I'm having second thoughts about buying it as-is, and would like to get the car inspected locally before I decide to buy it".
Some thieves don't use bolt cutters. And jimbob's right..sometimes they're even people you know.
She's not going to take you to court, she's just trying to increase her profit when she resells the car in a couple of weeks. I bet she does this regularly and makes a decent profit off it. She looks for a $3000 car and talks the price down to $2500. She takes the title then screws up the payment a couple hundred dollars in her favour, or bounces the check. She has the title, the seller has a bad check. She then makes up a story that another mechanic found a ton of problems with it and threatens to not pay you the full price and will take you to court. She then suggests a new selling price of $1500 to cover the costs of the newfound problems. The seller agrees in order to get some cash out of her, she then "fixes" the problems that the non-existant second mechanic found, makes a fake receipt for the repairs and resells the car a couple weeks later for $3500 with all of the problems "fixed". You were lucky you managed to get paid in cash. I'm willing to bet she won't take you to court, and if she does then the part about lieing about the bank being closed, lieing about going to Canadian Tire, etc will instantly skew the judge in your favour because everything she says will look like a lie. Small claims court won't have fancy lawyering and stuff, it will just be the two of you telling what happened. You will win and she knows it.
Don't be rude to her, but be firm and tell her that you will not refund any of her money. After you've told her this stop answering the phone and stop calling her back.
I've played a similar game(a $650 1998 Mistubishi Mirage with 230k Michigan miles, at least I got payed in cash). Just ignore, worst case you can laugh at her with the judge!
Nathan JansenvanDoorn wrote:
No - at the end of the day I drove with her to the bank that she had claimed was closed, she gave me the cash and I returned her cheque.
It was a learning opportunity, you smarter?
Shake hands, walk away, sleep well. You served above and beyond the call.
It's a used car, you're not a car dealer. You're under no obligation to provide any kind of warranty or gaurantee. She'd have to provide some kind of written proof that you did so. So even if you didn't write a bill of sale that says "as is", she's got no ground to stand on.
JThw8
PowerDork
2/7/13 7:09 a.m.
As others have said, many people like to threaten court, very few follow through.
The deal is over, move on and worry about it again only in the very unlikely event she follows through with the threats.
Or tell her to bring you the car and the title, in your name, and you'll refund her money, she wont.
The last two used cars I sold/bought were handled at the Chase Bank teller counter.
The buyer handed their money to the teller, I handed them a deposit slip, the cash went into my account, and the title was handed over with the car sitting in the parking lot.
She bought the car as-is. It will cost her at least $100 to take you to small claims court, and she'll lose. You're good.
Now, WE DON'T HAVE TITLES IN ONTARIO, SO STOP REFERRING TO IT AS A TITLE. NO, IT'S NOT THE SAME.
If you wanted to get the ownership back in your name, you could do a refund, and get the taxes refunded, but there's no reason for that.
The ownership doesn't get signed and handed over until the money is in your hand. Ever.
Put your Judge hat on, and try to think of what she is going to say to him/her and if she can back it up.
Option 1 - "He overcharged me, and I want some money back, eh?"
Answer "You agreed on a price, and paid it. Have a nice day, eh?"
Option 2 - "He hid the amount of work it needed, so I want some money back for poutine."
Answer: "He told you what he knew, offered no warranty, and let you take it for an inspection before you paid for it. That's abooot all he can do lady, have a nice day."
If you can come up with a scenario that the judge might side with, then offer her another $200 off to make her go away. If not, ignore and she will most likely go away.
Money paid in full , Give new owner title to vehicle and make new owner turn title over into His/her name . Show new title to me deliver car .
mrjoshm
New Reader
2/7/13 1:25 p.m.
Geez, I thought Canadians were stereotypically really nice people.. and to add something constructive to this thread, I have to agree with those above that she sounds like a total scammer.
She was probably from the states. The odd one gets through.
Zomby Woof wrote:
Now, WE DON'T HAVE TITLES IN ONTARIO, SO STOP REFERRING TO IT AS A TITLE. NO, IT'S NOT THE SAME.
:) I'm posting on an American website, and translating it into a language most here would understand.
I'll update this post if and when this gets settled, but in the meantime, I appreciate all of your input.
pinchvalve wrote:
Put your Judge hat on, and try to think of what she is going to say to him/her and if she can back it up.
Option 1 - "He overcharged me, and I want some money back, eh?"
Answer "You agreed on a price, and paid it. Have a nice day, eh?"
Option 2 - "He hid the amount of work it needed, so I want some money back for poutine."
Answer: "He told you what he knew, offered no warranty, and let you take it for an inspection before you paid for it. That's abooot all he can do lady, have a nice day."
If you can come up with a scenario that the judge might side with, then offer her another $200 off to make her go away. If not, ignore and she will most likely go away.
exactly how I look at it, just with more 'eh's' and poutine, eh...
You allowing her the ability to inspect the car before purchase, and then her still going through with the sale after the inspection is 1000% more than you'd ever need to have this killed in small claims court.
You sir are in the clear. Stop answering correspondence from her, and allow her to serve you papers.
Update, I just got a text from her:
Quote: "So..I have talked to alot of people..this car is not worth 2200..so there are holes in the car can't be left out side sunroof..you didn't tell me it was broken...very misleasing.. and u have a a witness..so you can.. give me the 1000 to fix the bottom.. I don't know what you want to do if anything.. I will i proceeding legally just because I'm a female .you sold something and advertised that you would negotiate safety..let me know how to proceed... "
Sunroof worked when she tested it here, we negotiated the price to be "$2200 as-is, post mechanic inspection".
I hate this E36 M3.
Step 1: hit "delete"
Step 2: stop giving a E36 M3.
As-is, where-is, already titled. She's got no claim and she knows it.
Nathan JansenvanDoorn wrote:
Update, I just got a text from her:
Quote: "So..I have talked to alot of people..this car is not worth 2200..so there are holes in the car can't be left out side sunroof..you didn't tell me it was broken...very misleasing.. and u have a a witness..so you can.. give me the 1000 to fix the bottom.. I don't know what you want to do if anything.. I will i proceeding legally just because I'm a female .you sold something and advertised that you would negotiate safety..let me know how to proceed... "
Sunroof worked when she tested it here, we negotiated the price to be "$2200 as-is, post mechanic inspection".
I hate this E36 M3.
Her command of the written word leaves much to be desired. 
Nathan JansenvanDoorn wrote:
Update, I just got a text from her:
Quote: "So..I have talked to alot of people..this car is not worth 2200..so there are holes in the car can't be left out side sunroof..you didn't tell me it was broken...very misleasing.. and u have a a witness..so you can.. give me the 1000 to fix the bottom.. I don't know what you want to do if anything.. I will i proceeding legally just because I'm a female .you sold something and advertised that you would negotiate safety..let me know how to proceed... "
Sunroof worked when she tested it here, we negotiated the price to be "$2200 as-is, post mechanic inspection".
I hate this E36 M3.
unfortunately it is time for you to lawyer up, forward all communications past and present to said lawyer, and have said lawyer instruct her to direct all future correspondence to said lawyer.
mndsm
PowerDork
2/10/13 2:55 p.m.
Javelin wrote:
Step 1: hit "delete"
Step 2: stop giving a E36 M3.
As-is, where-is, already titled. She's got no claim and she knows it.
Skip step 1. The judge will LOVE all the recorded record of her mastry of what she was doing. Wait til court, show up with a camera, take video, offer to post it here for all of us to see. Additionally, IF that video gets out, it'll hit all the major sites, and likely she'll be prevented from ever attempting this again.
mtn
PowerDork
2/10/13 2:56 p.m.
Lawyer up? berkeley no. Just ignore it all.
AngryCorvair wrote:
unfortunately it is time for you to lawyer up, forward all communications past and present to said lawyer, and have said lawyer instruct her to direct all future correspondence to said lawyer.
That right there is some seriously bad advice.
Even if she had a case - and she doesn't, a lawyer will just cost you money.
If she wants to take you to small claims court, it will cost her $100 to file, then she'll have to serve you. Even if she manages to do that, she'll lose in small claims court. By all means, save all correspondence. You might want to get her admit that it was inspected before she bought it, just so you have that info on record.
mndsm
PowerDork
2/10/13 4:52 p.m.
Zomby Woof wrote:
AngryCorvair wrote:
unfortunately it is time for you to lawyer up, forward all communications past and present to said lawyer, and have said lawyer instruct her to direct all future correspondence to said lawyer.
That right there is some seriously bad advice.
Even if she had a case - and she doesn't, a lawyer will just cost you money.
If she wants to take you to small claims court, it will cost her $100 to file, then she'll have to serve you. Even if she manages to do that, she'll lose in small claims court. By all means, save all correspondence. You might want to get her admit that it was inspected before she bought it, just so you have that info on record.
And get records of the "inspection" from Canadian tire, if possible. At least in the us, they keep records of all transactions straight to the customer. If she had it inspected there, she paid for it, and they'll know about it.
yamaha
SuperDork
2/10/13 6:46 p.m.
Datsun1500 wrote:
She's trying to scam you. Ignore her.
Or, if you are just tired of dealing with it, text her back, when you bring me the car with the registration back in my name I will refund your money. I bet she will say she doesn't want to return it.
berkeley that, tell her you'll buy it back for $1100......but only if it passes inspection at Canadian tire and if she will take a check. That'll shut her up.
Deal's done. Block her number. If she keeps bugging you, tell her you are going to call the cops. Get the crazy bitch out of your life ASAP.