[djpeetur]

I sold my 2006 325i to a guy in texas and he wants to sue me cause I did not disclose that my car was wrecked, and that when he asked me I said no. Im not a used car dealership. I gave him my service history from BMW that included the wreck in the papers but he did not read it before he bought it. HE also want to garnish my wages. Im like are you serious? The car was fixed by BMW to specs. I gave him the service history but he didnt look at it. Is this ground for me losing?

response:

response:
Be honest with everybody. I don't remember him asking me about a wreck. It's really he said she said. If he has me recorded asking me that question then by all means i would consider taking back the car. What I do know is that he asked about anything wrong with the car. I told him the whole car has been repainted cause somebody keyed my car. everything is up to maintenance, valvetronic sensor motor has been replaced. By me showing that to him that i have taken care of this car at BMW and BMW only , i think it made him feel safe that the car is good. I really dont think he asked me because all I could talk about is the car what it has how much i fixed it etc. and with the alignment i got it done somewhere else beside bmw to get it straight. He wouldnt have bought the car if it didnt drive str8 and looks good. I have all service history which can be downloaded below that i gave to him. and yes i did try to avoid that question if he did ask. Either way i sold my car for $15,500. To fix my car running into the curb was $9000 alone and paint job was $4000. Everything was in my service history. My car was the Lowest priced 325i 2006 on Clist alone. Either way i talked to my lawyer and she laffed. Garnish wages in texas? and wanting a refund after a month you bought your car? as espn would say it CMON MAN. if anybody has anymore question i can answer them i don't care.

www.djpeetur.com/bmw.pdf

[asuresh8]

If you gave him the papers before the transaction, you should be ok.

[djpeetur]

i didnt sign any contracts or anything like that

[boymonkey]

http://www.e90post.com/forums/showthread.php?t=412727

[John 070]

Something like your situation happened to me, though I was on the side that got ripped-off. A guy sold me a Volvo and less than 3 days later it died. Reason being it had a head gasket leak X2 (V6).

He was a co*** SOB and smart to boot, probably 20+ years older than I was, so he had no problem ripping off a college student. Even though I took him to court, two magical words ensured he would not lose--"as is."

Knowing what I know today, I would never purchase a used car private party if the seller states "as is." But if I were to sell, I would put those two words on the contract. That's the investment banker in me, earning the float, skim, or spread.

Hopefully the OP stated the sale was made "as is." Because as you know, anybody can sue anybody in this country. At the same time, something like a car is such a routine transaction, and it's often completed with one or both sides being emotional. A little phrase here and there in the contract ensures that even a dishonest party can skate with the Benjamins....

[John 070]

Originally Posted by djpeetur

i didnt sign any contracts or anything like that

Are you saying there is no bill of sale, signed by each of you? A google search easily turns them up, and wouldn't you know it, it's worded in the seller's favor?

http://www.autocrisis.com/billofsale.phtml

If you don't have one, he does have a leg to stand on. With it, even though you lied about the wreck, you would have been protected.

[Karlb]

did you ever represernt the veh as not having been wrecked, even verbally, did the buyer ask

[Majikthese42]

Originally Posted by djpeetur

cause I did not disclose that my car was wrecked, and that when he asked me I said no.

Did you in fact say "no" or is he just claiming that you said "no"?

[rickwjenn]

Originally Posted by djpeetur

when he asked me I said no.

I think it all boils down to how you answered his question.

If he asked you straight up if it had been in an accident and you said "no" then you misrepresented the car. Expecting him to dig through the service records to find out you if misrepresented the car is pretty unethical IMO.

So, did you tell him "no" when asked about previous accidents?

[asuresh8]

yea, you might be screwed because you didn't have a contract. You could offer to settle for $1000-2000. That could be the easiest solution.

[Rustang Cobra]

Originally Posted by djpeetur

I sold my 2006 325i to a guy in texas and he wants to sue me cause I did not disclose that my car was wrecked, and that when he asked me I said no.

You flat out lied to the guys face when he asked you a question about the car, I'd sue you too.

[cb1111]

Originally Posted by rickwjenn

I think it all boils down to how you answered his question.

If he asked you straight up if it had been in an accident and you said "no" then you misrepresented the car. Expecting him to dig through the service records to find out you if misrepresented the car is pretty unethical IMO.

So, did you tell him "no" when asked about previous accidents?

Bingo.

Perhaps the OP should be sued - and perhaps he should lose.

From his post we can infer:

1. His car was wrecked
2. He buried evidence of the accident in a stack of papers
3. He may have lied to the buyer

Most states require a bill of sale. In addition, the disclosure of prior accidents is mandatory in some states - even if you arent a "used car lot."

I don't feel sorry for the OP, I feel sorry for the new owner of the car - at least given the information we've been provided so far.

[2 3pair]

+1

If you actually said "no" when he asked, you're a liar, and you deserve to be sued.

If you didn't tell him no when he asked, but you tried to avoid the subject and never disclosed it to him verbally knowing the whole time that he was buying the car assuming it had a clean history, then you're just unethical and hopefully karma will come around...

[sickem]

yeah I will leave the legality issues to the attorneys (sounds like there's a few on here!). but dude, how about the Golden Rule here? Based on what you've told us, you deserve to be sued. It is people like you who make private sales such a stressful and harrowing process.

[Karlb]

yes the OP says it in his first post of the thread, if that is in fact what happened the OP admitted it right here, too bad the Texas buyer doesnt find this thread and use it to help sue him.

[Saintor]

Originally Posted by djpeetur

The car was fixed by BMW to specs. I gave him the service history but he didnt look at it. Is this ground for me losing?

I think so.

A repaired car has a lower resale value. If he wants to resell it and do it rightfully, he would lose what you unduly gained.

Trying to argue that he should have read all that pile of paper is like to trick him. If he signed something 'as is', then your chance would have been better IMO. Offer him 2000$ to settle.

[advocado]

Originally Posted by rickwjenn

I think it all boils down to how you answered his question.

If he asked you straight up if it had been in an accident and you said "no" then you misrepresented the car. Expecting him to dig through the service records to find out you if misrepresented the car is pretty unethical IMO.

So, did you tell him "no" when asked about previous accidents?

Correct. You could have responded by telling him "... all you need to know about the car is in these records." But when you straight up lied, that is civil fraud entitling the buyer to either rescind the deal (hand you back the car in return for his money) or sue you for the difference between what he paid, and what the car was worth in light of the accident. You owe no duty to answer a question but once you elect to answer you damn well have a duty to do so truthfully. Do you seriously think a dealer is required to be truthful but you are not? If it were me, I'd sue you in a heartbeat.

[spdy330]

Sad to say but I agree with all the others. He asked you if the car has been wrecked and you told him NO when in fact it had been wrecked.

I am interested in the outcome on this one.

[py335]

you have a lot of questions to answer here OP.... from what it looks right now looks like you deserved to be sued im sorry to say. but like i said answer the other questions!

[B3]

If you told a lie (failed to answer truthfully), you should suffer the consequences. He asked, you deceived for personal gain.
1. You should be drawn, quartered, and fed to ravenous wolves for your failing as a human being in the name of greed. BS actions like this make it way more difficult for honest sellers to get a fair price because of the fear of scam discount on any transaction due to things like this.
2. You will suffer the damages of the delta in value from an unwrecked car to a wrecked one--if you wise up and settle, or, you will enjoy the pain of paying for a lawyer, lost work time, and ultimately damages as determined by a judge or jury depending on the size of the suit. Ultimately you may even get your car back.

Just don't trip on my soap box on the way out...

[EYE4SPEED]

Until the case is settled, you should probably delete this thread...

Always get the "as-is, no returns" signed on the bill of sale to avoid future problems.

Your word against his if you "told him" it was wrecked - best to always tell the truth.

[Blue Liquid]

Eerie silence from the OP...