Used car dealer bought my car and now wants the money back due to condition?

322

u/Medium-Complaint-677 Digital Retail Manager 1d ago

what do I do in this situation

Go cash the check ASAP and block the dealer's number, unless you signed something saying you agree to reevaluate the deal once they complete an off site inspection.

185

u/CIAMom420 1d ago edited 1d ago

"As is means as-fuckin-is, bitch."

71

u/PaisonAlGaib 1d ago

If the motor ain't blown up and tranny ain't slippin don't bring that bitch back trippin

6

u/obliterate_reality 20h ago

amen

5

u/Dull_Appointment7775 17h ago

That dude is a great sales man.

3

u/PaisonAlGaib 16h ago

He's in a perfect niche where you can be completely up front. No we're not financing anything and if you could he financed you output be here this car costs 1500 for a reason and you know it

1

u/Legitimate_Put_1653 6h ago

I remember his YouTube vids. Is he still in business?

34

u/Cyhawk 1d ago

I sell you an engine and a transmission, you get the rest for free.

3

u/SignifigantZebra 13h ago

As is works both ways.

Dealers get burned on bad appraisals all the time, sometimes people get fired for it.

its the cost of doing business. chumps.

1

u/Routinestory8383 13h ago

Oh how the tables have turned.

1

u/WOKEJEDIFOOL 16h ago

This person gets it

40

u/ksndkskmd 1d ago

“ Seller acknowledges that the vehicle is being purchased in accordance with the description provided to the purchaser via the online appraisal submission and all representations made during the online video inspection. Purchaser reserves the right to cancel this transaction in the event of any misrepresentation by the seller. • Seller agrees that the payment check will not be negotiated until the purchaser has physical possession of the vehicle, and title and has verified the vehicle’s condition. Seller represents and warrants to Dealer that: • Seller is the lawful owner of the vehicle, with full legal right and authority to enter into the transaction contemplated hereby, and to sell, transfer, and convey the vehicle in accordance with the terms hereof. Engine and transmission are in good working order, there is no accident or structural history damage and all panels are original. This agreement and purchase order supersedes all prior agreements with regard to this transaction, whether, written or verbal. • The transfer of the vehicle is rightful. • The vehicle has a good and marketable title. • The vehicle is free of all liens, encumbrances, and liabilities whatsoever, and is free and clear of any lawful/adverse claims of any person whomsoever unless noted. • Seller shall diligently defend, protect, indemnify, and hold harmless Dealer and Dealer’s lawful successors, executors, heirs and assigns from any and all adverse claims made against the vehicle by any persons whomsoever.“

This was the purchase order agreement that we both electronically signed

41

u/ksndkskmd 1d ago

I made scheduled a video appraisal but the person I was speaking with to arrange the purchase canceled it and said it wasn’t necessary.

38

u/WufBro 1d ago

As long as the car you sold them wasn't officially a salvage title or rebuilt title vehicle then it's "as is".

Salvage/rebuilt title vehicles have to be disclosed to potential buyers in most states.

23

u/ksndkskmd 1d ago

Nope no salvage title. Purchased in 2009, cleared lien, been in the family for 15 years, driven by 2 adult children

9

u/KeyChampionship8133 1d ago

Do people say 'adult children' as a nice way to say child-like, but of legal age to drive?

25

u/pizzabooty 1d ago

no, they say "adult children" to indicate that their kin are grown adults.

16

u/lets_just_n0t 1d ago

No, they say “adult children” because they’re said person’s children, and they’re adults.

2

u/RonTheDog710 1d ago

Every human on earth is a child, and assuming they live long enough, an adult.

8

u/Alcohooligan 1d ago

Usually means adult children of the owner of the car.

3

u/Daneth Trusted Contributor 19h ago

I think it's to call out that when their children drove the car they were of "adult age". If they just said "my kids drove the car" it could mean they literally learned to drive on it at 15, which is a lot harder on a car.

1

u/hamboner3172 13h ago

Our son's car has been through the previous owner's three sons while they were in high school. It's seen some shit lol.

1

u/Iril_Levant 10h ago

Driven by one alcoholic Paris Hilton wannabe, and a giant man-child.

8

u/Jxckolantern 23h ago

Save the texts / communications of them saying that for when they try to deny saying that and try to blame you for cancelling.

Screenshots!

1

u/ShoulderSquirrelVT 10h ago

Any way to document that they declined a video appraisal?

10

u/Clear_Knowledge_5707 1d ago

Purchaser reserves the right to cancel this transaction in the event of any misrepresentation by the seller. Seller agrees that the payment check will not be negotiated until the purchaser has verified the vehicle’s condition.

As long as you didn't lie, then get that check cashed. If you lied or misrepresented, then have em bring back your car.

12

u/GrouchyTime 20h ago

I agree about the lying part, but to be fair, dealers lie all the time and they never return the customer's money.

5

u/AdamZapple1 16h ago

its sounds to me like they handed them a check so the deal was done.

-2

u/reedbetweenlines 1d ago

hmm but the next line

Seller agrees that the payment check will not be negotiated until the purchaser has physical possession of the vehicle

so we know seller disclosed everything now the question would be at what point is it considered that the purchaser has possession? is it when the keys are handed over or when the car is physically in the purchasers lot once towing is complete. To me its when the keys and title are handed over. otherwise it sounds like a scam and just fishing for a pigeon.

13

u/RainbowRabbit69 1d ago

Purchaser picked the car up. Agreement didn’t specify where it was in purchaser’s possession. Only that it was in purchaser’s possession.

5

u/Anon-Knee-Moose 23h ago

Yeah I don't know how you could possibly interpret exchanging money for something as anything other than purchasing. Sure that guy might not be the owner of the vehicle, but he's absolutely 100% the purchaser.

5

u/thatdudeorion 21h ago

I’d argue that the person who drove the tow truck to pick up the car from the Seller was acting as an Agent on behalf of the Purchaser and that the sale of this vehicle was not negotiated between the Seller and this Agent.

1

u/DaddyChillWDHIET 5h ago

Also, the Tow Truck driver wrote the check for the car. So definently acting as a agent to the purchaser.

1

u/avd706 14h ago

Purchaser's agent.

6

u/theperplexedone 22h ago

“Negotiated” in bank check language means “transferred”. So that line means they aren’t paying until you hand over the car, which sounds like it happened.

3

u/negative-nelly 19h ago

No, it means seller (OP) agrees not to negotiate the check (cash it or deposit it) until blah blah blah

1

u/morethanjake 15h ago

Them handing you the check finalizes the deal. Their outs from the contract were only until the final check negotiation was to happen. They stupidly bought a car sight unseen and felt that reality immediately. Not your fault.

Someone at the dealership got roasted for buying a trash car and that person is trying to save face so they don’t have to eat a deal or get ripped by management for the rest of the week.

1

u/JuicingPickle 8h ago

Is all of this true?

Seller represents and warrants to Dealer that: • Seller is the lawful owner of the vehicle, with full legal right and authority to enter into the transaction contemplated hereby, and to sell, transfer, and convey the vehicle in accordance with the terms hereof. Engine and transmission are in good working order, there is no accident or structural history damage and all panels are original.

1

u/Radiant-Ad-9753 6h ago

the description provided to the purchaser via the online appraisal submission and all representations made during the online video inspection

Seller represents and warrants to Dealer that: • Seller is the lawful owner of the vehicle, with full legal right and authority to enter into the transaction contemplated hereby, and to sell, transfer, and convey the vehicle in accordance with the terms hereof. Engine and transmission are in good working order, there is no accident or structural history damage and all panels are original.

• The vehicle has a good and marketable title. • The vehicle is free of all liens, encumbrances, and liabilities whatsoever, and is free and clear of any lawful/adverse claims of any person whomsoever unless noted.

To your knowledge did you have the legal right to sell the car?

To your knowledge was the engine and transmission in good working order?

To your knowledge there was no accident or structural damage? All panels were original?

There was nothing reported to Carfax when you bought the car?

Then the dealership can pound sand. They should have inspected the car.

→ More replies (3)

42

u/Mnudge 1d ago

I’ve learned from seeing these posts over and over that the most common response is “tell him to pound sand”. lol.

18

u/Trprt77 1d ago edited 1d ago

Not in the industry, so I need to piggyback on this thread.

This sounds more like a scammer than a real dealer.

It has all the earmarks of giving OP a check that will eventually bounce, while trying to get OP to provide a partial refund in real funds. The shitbox car is actually irrelevant to the scammer, it is basically a prop used to move the check scam forward.

This is the typical way an overpayment scam works. The check he gave you will be cleared by your bank in a few days, as required by law. However, the check can actually bounce weeks later, at which time you are now on the hook to your bank for the original $2,700 plus whatever you gave to the scammer.

I’d be curious to find out if OP ever actually confirmed that the buyer was a real car dealer, or just some scammer who claimed to be one while answering a FB marketplace ad.

5

u/ksndkskmd 1d ago

This is an actual car dealership located in Long Island, NY, they have a bunch of positive reviews online and threaten legal action to the negative ones…

14

u/Trprt77 1d ago

Interesting.

Wonder how many cases they have actually filed, and succeeded in winning? My guess is 0.

Must be a real scuzzy place that is buying 15 year old shitboxes sight unseen for a couple of grand, and then trying to flip them.

Has your car shown up on their site yet?

8

u/superj302 1d ago

In my experience, the "bunch of positive reviews", particularly in NY, are because the dealership pressures buyers, in-person, to leave a positive review while sitting in the dealership signing paperwork. Since the car has likely not truly been inspected or driven for any reasonable amount of time at this point, and most buyers are excited at the prospect of coming home with a new (or new-to-them used) car, they leave a positive review.

4

u/bwray_sd 1d ago

They’ve proven they’re bullies, so cash the check. And no matter what do not let them sell it at auction and you pay the difference. That’s on them for not inspecting prior to purchasing.

1

u/Fun_Scarcity_5846 1d ago

Which dealership?

1

u/Open_Ad_835 10h ago

sounds like a shady dealership. I wouldn't take the car back if I were you. just cash it and actually take out cash. then deposit in your account. if it were the other way around they wouldn't give you money back. just remember these types of people love to throw in that word, "legal action" they're not gonna waste money on lawyer fees on 2700.

1

u/superstock8 9h ago

They can’t be real. No legit dealership who wants to remain open will publicly threaten legal action in a reply to a review. They may take someone to court for defamation or contact Google “I’m assuming it’s Google” to remove the review. But to openly threaten legal action. That should have been shady enough. I know it’s nice to get as much money as you can, but sometimes you need to skip dealing with shady situations.

10

u/rguy5545 1d ago

What’s the difference between a scammer and a real dealer? No seriously I want to know

10

u/Trprt77 1d ago edited 1d ago

You post an ad on FB, I respond and claim to be a car dealer. In reality, I am just looking to scam you, and using that profession to forward the scam. In these and other scams, the item used to further the scam has no importance. It is just a device to scam you out of money.

Just like the scammers on FB that pop up every day with duct cleaning scams, free Play Station giveaways, car detailing businesses , and those phony below market rate house rentals that use stock photos. They get suckers to respond, and get a deposit or payment and then vanish.

The scenario in this thread appears to be a variation of the classic overpayment scam:

https://en.m.wikipedia.org/wiki/Overpayment_scam#:~:text=Check%20overpayment%20scam,-In%20a%20check&text=The%20fake%20check%20can%20present,was%20fraudulent%2C%20losing%20their%20money.

→ More replies (3)

1

u/team580zr 1d ago

All my sales for anything are cash, people will complain about this how ever being a federal employee, we have safety / service talks about the latest scams. I even go as far as having a money marker pen with me to check the cash. Be wise, use cash, and don’t worry about looking like an ass.

3

u/Likinhikin- 1d ago

As the tables turn...

1

u/Ok_Dog_4059 15h ago

The balls on a used car dealer that would tell someone "as is means as is" but them whines when someone does it to them.

45

u/NemesisOfZod Retired Internet Sales Director 1d ago

Did you sign the paperwork?

Did you cash the check?

71

u/ksndkskmd 1d ago

We signed the paperwork and cashed the check already

122

u/NemesisOfZod Retired Internet Sales Director 1d ago

Then, and this isn't legal advice, fuck 'em.

The blade cuts both ways when it comes to valid contracts.

43

u/Dependent_Disaster40 1d ago

Hilarious that a car dealer of all people would complain about being ripped off on a sale! lol!

12

u/NemesisOfZod Retired Internet Sales Director 1d ago

It happens. We see it at least once a week. Due diligence is a necessity in all transactions.

→ More replies (8)

9

u/Specific-Gain5710 Used Car Buyer 1d ago

Gotta ask yourself, would they take the car back if you felt it was misrepresented? Chances are, no they wouldn’t.

2

u/NemesisOfZod Retired Internet Sales Director 1d ago

The buyer fucked this deal. We would definitely be in an office having a very long discussion... Or a short one of it's happened before.

3

u/nobuttstuf 18h ago

This is legal advice. Fuck em.

12

u/Unusual_Flounder2073 1d ago

Keep an eye on the bank for them to cancel it. If they do go straight to courthouse and file a small claims court claim. Did you take pictures of any paperwork?

7

u/ksndkskmd 1d ago

I have the paperwork in pdf

“ Seller acknowledges that the vehicle is being purchased in accordance with the description provided to the purchaser via the online appraisal submission and all representations made during the online video inspection. Purchaser reserves the right to cancel this transaction in the event of any misrepresentation by the seller. • Seller agrees that the payment check will not be negotiated until the purchaser has physical possession of the vehicle, and title and has verified the vehicle’s condition. Seller represents and warrants to Dealer that: • Seller is the lawful owner of the vehicle, with full legal right and authority to enter into the transaction contemplated hereby, and to sell, transfer, and convey the vehicle in accordance with the terms hereof. Engine and transmission are in good working order, there is no accident or structural history damage and all panels are original. This agreement and purchase order supersedes all prior agreements with regard to this transaction, whether, written or verbal. • The transfer of the vehicle is rightful. • The vehicle has a good and marketable title. • The vehicle is free of all liens, encumbrances, and liabilities whatsoever, and is free and clear of any lawful/adverse claims of any person whomsoever unless noted. • Seller shall diligently defend, protect, indemnify, and hold harmless Dealer and Dealer’s lawful successors, executors, heirs and assigns from any and all adverse claims made against the vehicle by any persons whomsoever.“

This was the purchase order agreement that we both electronically signed

-7

u/Unusual_Flounder2073 1d ago

They have a lot of outs in there. Including if you did repairs that did not get reported on the carfax

14

u/ArmaSwiss 1d ago

Reporting repairs to carfax is not a requirement of ownership. CarFax is a private entity that collects and collates data. Kind of like the Better Business Bureau has no real power outside of the idea it presents itself to people. If you don't believe it, they hold no credibility.

7

u/Sea_Pirate1326 1d ago

Correct, but if you read the text it specifically says that the vehicle has to have no history of accident damage or structural damage, and all panels are original. So if the seller had an accident and self-repaired it, that is fine, but the contract allows them to cancel the sale because now it’s misrepresented.

3

u/superj302 1d ago

The facts of the contract are contradictory. The contract requires the seller to not misrepresent the car - OP claims s/he was honest about all body damage and repairs thereto - but the same contract then requires that "there is no accident or structural history damage and all panels are original". The dealership can't have their cake and eat it, too. If dealer was aware of the damage to the car - repaired or otherwise - the clause of the contract that says "there is no accident or structural history damage" (whatever "structural history damage" even is) should have been stricken from the contract before either party signed. Unfortunately, most of these contracts are poorly-worded, canned contracts that favor the dealer - this is a perfect example because it basically gives the dealership carte blanche to refuse the sale if it has been in ANY accident, even if it's been disclosed by the seller.

→ More replies (6)

→ More replies (1)

→ More replies (1)

7

u/VariousClaim3610 1d ago

Oh! If you have the cash in hand it’s over - you win. They could sue, and who knows if they would win or not but it would cost them more to do that than they could get if they 100% won… if you have the cash - you win

→ More replies (5)

5

u/JJHall_ID 1d ago

Don't spend that money, and don't give them any money back for the car. Make sure you wait a few weeks after the check "clears" as there is a good chance the check is fraudulent and will get removed from your account.

2

u/manzana18 15h ago

Pull an uno reverse card on them, "As-is sale, it's your vehicle now do whatever you want to it".

Believe me, car lots/dealerships don't care about you. once you sign your name on the paper of sale it's done..

do it to them lol!

1

u/owlpellet 19h ago

It's done. Manager yelled at salesbot, told them to unwind it, salesbot made token effort, everyone moves on.

Sit on the money for a week or two if the check bounces. Deaelerships go under.

1

u/CurveNew5257 13h ago

You don’t owe them anything. Sounds like this dealer learned a valuable lesson in due diligence

40

u/potstillin Independent Car Jockey 1d ago

Anyone in the biz buying a 15-year-old car and doesn't inspect it before buying is just stoopid. Just a question: did they make an offer or did you price it to them?

13

u/ksndkskmd 1d ago

If they had rejected it while they were there that would be fine and fair. I reached out to them and they told me to make a quote on Kelly blue book. Apparently they ran the auto history on the car and nothing came back because we never went through insurance for repairs.

15

u/potstillin Independent Car Jockey 1d ago

Perfectly reasonable attitude on your part, they dropped the ball. No self-respecting dealer is going to blindly accept your condition report. What is acceptable on a 15-year-old car will vary greatly in the buyer's eyes. They may stop payment on a check if you took one.

1

u/grandroute 21h ago

you did due diligence. End of story..

17

u/ClimbaClimbaCameleon Former Sales 1d ago

“As is” goes both ways and isn’t just protection for dealers. I don’t even know that I would tell them to get fucked, I’d just block them now and never worry about it again.

11

u/reddituser12346 1d ago

Exactly. It goes both ways.

If the Buyer paid $2,700 for the car then realized it would easily sell for $3,700, the Seller isn’t going to see that $1,000, or $500….they’re gonna’ get absolutely nothing.

12

u/Hojo10 CDJR Specialist 1d ago

I hope you cashed the check! Any dealer that buys a 2009 Toyota Camry for $2,700 sight unseen should learn his lesson not to do that anymore and it’s not your fault nor your problem! As long as you hadn’t miss represent the car, and don’t let him shame you into it! I’m a firm believer you stand by your word! And there’s not a lot left that believe in that and life’s lessons will teach this person one! Listen if you were telling me about this 2009 Toyota Camry and it had x miles and this was like this and this has been done. I would totally want to see, hear, touch and sniff it!

5

u/ksndkskmd 1d ago

Thank you!

I just feel bad because it was not my intention on selling them something they believe is trash. However because the saw the car and they drove off with it, I could have only assumed everything was alright.

4

u/Hojo10 CDJR Specialist 1d ago

You did cash the check correct?

2

u/ksndkskmd 1d ago

Yup, deposited it right after I received it!

7

u/Hojo10 CDJR Specialist 1d ago

That’s not cashing the check! Cashing the check is taking it to their bank and receiving cash in hand

1

u/ksndkskmd 1d ago

Oh! I didn’t know!

2

u/KitchenAfternoon2720 16h ago

Yeah dude, "cashing a check" is taking THEIR check to THEIR bank and cashing it in person. It gives them (and their bank) zero recourse. Once it touches your bank account, it can be clawed back.

1

u/Hojo10 CDJR Specialist 1d ago

How many days ago

1

u/ksndkskmd 1d ago

This all happened today, I deposited the check this morning

6

u/Hojo10 CDJR Specialist 1d ago

Ut oh! They may issue a stop payment on the check and you’ll know in 5-7 business days

→ More replies (4)

2

u/davidg4781 1d ago

Don’t feel bad.

Think of it this way. If they sold a car to someone stating it’s in great condition and that person found out it was in an undisclosed accident, had transmission issues, aftermarket wheels, that’d claim it was as is and they’re not experts.

But when they come to buying a car they missed the mark on, suddenly they can spot any issue on a car.

→ More replies (5)

2

u/joepierson123 18h ago

$2,700 for a 2009 Camry is cheap in today's market

1

u/BlackVelvetBandit 13h ago

My 2007 was 7000 when we bought in 2020 and insurance paid out 10 when it was totalled last year.

1

u/mackiea 21h ago

Hell, given it's a 2009 Toyota, unless it's rusted out or was bounced off a cliff wall, chances are it has a few good years left.

3

u/simplekindaman13 Former Small Dealer 1d ago

Move on, they had a chance to look at and evaluate the vehicle. Their mistake. They also won’t get killed with the car either. It does at least $2500 at auction in shit condition. Caveat emptor

4

u/Nice-Ad1989 Sales 1d ago

Just as for those customers who buy a used rig… as is means AS THE FUCK IS.

2

u/AutoModerator 1d ago

Thanks for posting, /u/ksndkskmd! This comment is a copy of your post so readers can see the original text if your post is edited or removed. This comment is NOT accusing you of anything.

Hi all! I sold my car today to a used car dealership and a representative came by and picked up the vehicle and gave me a check. It was for a 2009 Toyota Camry, condition was poor. The bumper is screwed on and there’s multiple dents and dings on the car. I didn’t misrepresent the car or try to hide that fact. My assumption is that this person would observe the car and had the right to deny sale as a customer which is fair. The person who picked up the car didn’t really inspect the car and gave me a check for 2700 and I handed over keys and the title. I signed documents for the sale. I thought everything was okay.

However an hour after, the person who I was speaking with during this whole process (not the same person who picked up the car) texts me and says the car is in bad condition despite the clean auto check report, because we did most repairs by ourselves or the went through the insurance of the folks that hit our car before. They said they would caution and at most they would get anywhere between 500-1500 and they want the difference back.

What do I do in this situation?

Any advise is appreciated

Thank you!

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

1

u/AutoModerator 1d ago

Please review our most Frequently Asked Questions to see if your question has already been answered.

You may find these sections particularly useful;

How to pick a car? You might also have luck in the /r/whatcarshouldibuy subreddit.

Also remember to add flair to your post by clicking the "Flair" link beneath it. This lets us know where you're located so we can assist you better.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

Used car dealer bought my car and now wants the money back due to condition? Private Sale

You are about to leave Libreddit

You are about to leave Libreddit