The saga is over! :)

RossMAN

Grand Nagus
Feb 24, 2000
79,006
430
136
I purchased a salvage titled 1994 Toyota Corolla DX for $4,000 back in September 2001. Two months ago I bought a brand new 2002 Honda Accord SE and had no further use for my 94 Corolla. So last Thursday I listed the 94 Corolla in the classifieds ads and much to my surprise it sold the next day for $3,300.

When I first received a call inquiring about the car for sale the woman said it was her daughter who's buying her first car. She asked if it was ever in a wreck and I honestly answered yes the front end was damaged and 100% repaired (which it was). We setup a test drive appointment Friday afternoon so they can test drive the car, kick the tires and see what kind of shape it's in. They were impressed that it's so clean inside and smelled nice (I had it detailed and cleaned the previous week), everything looked great. I opened the front hood showed them where it was in a wreck and where it was damaged. The frame of the car is as straight as it was the first day it rolled off the Toyota assembly line, that was never bent or damaged. Susan and I went into their house to talk with the mother while the father drove his daughter to her work in my Corolla, he returned saying it looks good and they were going to buy it. They wrote me a personal check drawn off a Vancouver, Washington credit union for $3,300 (I was willing to let them low ball me down to $2,500). Yesterday I deposited their personal check into my local Portland, Oregon credit union where they said there will be a 3 day hold on the funds until it clears the Vancouver CU. I also received a call from the buyers that they need a BILL OF SALE so they can register the car in the state of Washington (I live in Oregon and the car is currently titled in Oregon). So I went to the Oregon DMV website and printed a BILL OF SALE .pdf and was about to mail the spare key and BILL OF SALE to them today until I received the following e-mail from the buyer's which has me sh!tting bricks:

-

Date: Tue, 6 Aug 2002 09:42:13 -0700 (PDT)
From: "Lisa"
To: "Ross"

Ross,

Upon further examination of the car, we noticed some body damage which makes it appear that the car was in a rather serious acciden, instead of a minor one as stated. Today we will be taking it to a Toyota dealer to have it checked out for safety and reliability. I will contact you by either e-mail or phone as soon as we know the results.

Thanks,

Lisa

--

Why oh why did I buy a salvage title?

Yesterday I called the newspaper telling them the car has been sold and to stop running the ad (which cost me $75 to run for 6 weeks when it sold the first day, they do not give partial refunds). So if I do get the car returned (which I am going to fight) I will need to pay more money to run the car in the classifieds again. I also called my insuranec company asking them to cancel my 94 Corolla's policy which I would need to extend another month.

I'm hoping what Lisa and her parents are concerned about is a CD sized scratch on the drivers side rear bumper which the detailer fixed with red paint and it's barely noticeable. That happened when I slowly backed into a fence, I didn't ask the detailer to fix it but was pleased that he did. So if that's what they're concerned about then I have a perfectly reasonable answer for them. I hope they bring it into a Toyota dealership TODAY because I'm dying to know what they think is wrong with the car. I even had my mechanic check it out inside and out all it needed was a new battery, he rebuilt the starter a few months ago. With proper care the car should easily last another 100,000 miles it currently has 101,100 miles on it.

In looking back here's where I screwed up:
1) I should have told them about the rear bumper scratch and explained what happened and that the car detailer fixed it. It's only cosmetic damage the bumper is still in tact.
2) I should have requested guaranteed funds, a cashier's check and NOT a personal check.
3) I should have given them the spare key and bill of sale when they took possesion of the car.
4) Most importantly I should have had a AS IS - NO WARRANTY disclaimer on the bill of sale and even gone as far as having it notarized and paying the $15 notary fee.

I'm tempted to call or e-mail them but I'm worried that they might stop payment on the check (if they haven't already), so I want to wait until at least tomorrow to see if the check has cleared by calling their CU in the morning.

If I do talk to them, what should I say/do? If they don't demand a refund but bitch enough I'm thinking of giving them a $300 refund lowering the selling price to $3,000 but I'm not sure if that's a good idea or not.

8/7 UPDATE: Just heard from the mother who left me a voicemail stating she heard from the Toyota dealership that it's going to cost $715 to fix some oil leaks and some other crap she offered to fax the quote to me but I said no thanks because I'm annoyed, pissed off and relieved that they don't want their money back. Oh yeah and she said in her voice mail she thinks it's only fair that we split the repair costs, LOL. So I called back sounding annoyed, irritated and slightly pissed off. I told her I would refund $300 via cashier's check ONLY if she agrees to the following:
1) We wait until her $3,300 personal check clears which she stated has already cleared and she's probably right but I'll confirm this Friday morning before we meet.
2) I am going to type up about 20 lines of legal mumbo jumbo basically an AS IS - NO WARRANTY disclaimer and a bunch of other BS I'll whip up. So if anything goes wrong with the car either indirectly or directly I am released from all responsibility and it's her problem, not mine.
3) She will agree to sign this bill of sale and have it notarized at my CU at a time which is convenient for me which is this Friday at 5:00 PM.

Oh well it could have been a lot worse. I'm tempted to call her again and piss her off but I'll refrain, for now.
 

jcovercash

Diamond Member
Apr 24, 2001
9,064
0
0
Dang man that sucks, Yea an As-Is Bill of sale in situations where you are selling something like this is absolutly nessicerry, Make sure that if they dont back out that you clearly state this on the Bill of sale

Josh

Edit: Diamond member :D
Edit#2: cant spell and i dont feel like fixing it so deal with it people.

 

vi edit

Elite Member
Super Moderator
Oct 28, 1999
62,484
8,345
126
Hindsight is 20/20, but you should have signed a bill of sale at the time you exchanged checks.
 

RossMAN

Grand Nagus
Feb 24, 2000
79,006
430
136
Ok I realized that I screwed up twice, first of all for even buying a salvage title when I shouldn't have and 2) not getting a cashier's check and not giving a bill of sale.

I know I should wait until they contact me again with the results from the Toyota dealership ... but I want to be prepared, any suggestions?
 

PsychoAndy

Lifer
Dec 31, 2000
10,735
0
0
Ross.....why damnnit? From someone that works in a bank, you of all people should know a cashiers check is the way to go.

You didnt state the car was as is?

:(

 

Danman

Lifer
Nov 9, 1999
13,134
0
0
Hmmmmm........good luck man and keep us posted. I don't know what to say. But it doesn't look like its your fault, they bought the car and you told them it was in a wreck before.
 

Evadman

Administrator Emeritus<br>Elite Member
Feb 18, 2001
30,990
5
81
Was it in a major accident? It's not like there is a frame to bend or anything. In a mafor accident, the car becomes shorter by feet not inches.

Does your state force a refund? Mine does not (illinois) unless the buyer and seller both agree in some kind of written form.
 

RossMAN

Grand Nagus
Feb 24, 2000
79,006
430
136
PsychoAndy - *bows my head in shame* I know but I thought everything was going to go smoothly and trusted them. Now I don't know if they're going to renig on the car (can they even do that?) or stop payment on their personal check or just whine and bitch. I'm hoping for the latter. Hopefully everything will go ok at the Toyota dealership, I was thinking of maybe refunding them the cost of the Toyota dealership trip? Should I even do that? It's not really my responsibility, is it?

cashman - I am glad that I did tell them the car was in a wreck before. However the e-mail makes me think they're under the impression it was totalled and put back together with glue and rubber bands. They had EVERY opportunity to ask me questions and I was forthcoming in all of my answers, I spent a total of an hour at their place before they gave Susan and I a ride back to downtown Portland.

What is your impression of the e-mail Lisa sent me?
 

RossMAN

Grand Nagus
Feb 24, 2000
79,006
430
136
Originally posted by: Evadman
Was it in a major accident? It's not like there is a frame to bend or anything. In a mafor accident, the car becomes shorter by feet not inches.

Does your state force a refund? Mine does not (illinois) unless the buyer and seller both agree in some kind of written form.

The guy I bought it from told me it was only the front end, about 9 - 12 inches was totally replaced including the front hood. My mechanic who is a friend that I trust, only works with imports and knows what to look for in salvage titles looked it over and agreed it was in a wreck but only the front end was damaged, nothing else.

Who do I call to find out the state laws regarding a refund?
 

PsychoAndy

Lifer
Dec 31, 2000
10,735
0
0
Originally posted by: RossMAN
PsychoAndy - *bows my head in shame* I know but I thought everything was going to go smoothly and trusted them. Now I don't know if they're going to renig on the car (can they even do that?) or stop payment on their personal check or just whine and bitch. I'm hoping for the latter. Hopefully everything will go ok at the Toyota dealership, I was thinking of maybe refunding them the cost of the Toyota dealership trip? Should I even do that? It's not really my responsibility, is it?

cashman - I am glad that I did tell them the car was in a wreck before. However the e-mail makes me think they're under the impression it was totalled and put back together with glue and rubber bands. They had EVERY opportunity to ask me questions and I was forthcoming in all of my answers, I spent a total of an hour at their place before they gave Susan and I a ride back to downtown Portland.

What is your impression of the e-mail Lisa sent me?

If they stop payment on the check and renege (correct spelling), I think you may be stuck with the car. They might raise hell and say your product was not as you represented it.

You're already in the hole here. Cross your fingers, pray to God, Allah, Buddha, and Ganesh while hoping the toyota dealer dosent pull a carfax and see it got hit
 

Danman

Lifer
Nov 9, 1999
13,134
0
0
Originally posted by: RossMAN
PsychoAndy - *bows my head in shame* I know but I thought everything was going to go smoothly and trusted them. Now I don't know if they're going to renig on the car (can they even do that?) or stop payment on their personal check or just whine and bitch. I'm hoping for the latter. Hopefully everything will go ok at the Toyota dealership, I was thinking of maybe refunding them the cost of the Toyota dealership trip? Should I even do that? It's not really my responsibility, is it?

cashman - I am glad that I did tell them the car was in a wreck before. However the e-mail makes me think they're under the impression it was totalled and put back together with glue and rubber bands. They had EVERY opportunity to ask me questions and I was forthcoming in all of my answers, I spent a total of an hour at their place before they gave Susan and I a ride back to downtown Portland.

What is your impression of the e-mail Lisa sent me?

I still think its their fault, they are the buyer, they should ask the questions. It should not be your fault, if what you say is true, then you should be okay IMO. And the e-mail seems like a notice or something, it doesn't sound like she is mad or anything. Maybe I'm wrong. :confused:
 

athithi

Golden Member
Mar 5, 2002
1,717
0
0
RossMAN, isn't a Salvage Title given only for totalled/flood wrecked cars? I read through your previous thread on this subject and no offence meant, but I did feel a little bit of concern for the 16 yr old kid that was going to be driving this car - the world is a poor place for a teenager to have a car breakdown while returning home late from a movie or a friend's place. My impression is that they had a local mechanic look over the car and he must've noticed some misalignment in the frame. I was under the impression that cars with salvage titles are completely rebuilt and rarely with original parts :confused:
 

GasX

Lifer
Feb 8, 2001
29,033
6
81
OK - what is book value on your car? If it is a salvage title, it is worth much less than that to an educated buyer. Did you get that price? If so, expect them to push back. If you already got less, you have a leg to stand on.

how can you push back?

1. charge a returned check fee of $50 (help pay for your add)
2. get them to reimburse you for wasted advertising.
3. charge them for having the car for x days at a nominal $10/day.

If the car goes back on the market, expect to have to announce it as a salvage title car and expect to get a lower price.

good Luck and NEVER EVER EVER EVER EVER EVER EVER EVER EVER EVER EVER EVER EVER EVER but a salvage or theft recovery car again... ever.
 

Draknor

Senior member
Dec 31, 2001
419
0
0
Ross - sorry to hear about this!

First, though - stop & take a few deep breaths!! You almost sound panicked, and panicked people make bad decisions. Take some deep breaths, do some yoga, go running - do something to clear your mind. Something physical & intense is usually good.

Ok, about the email - there's no point in getting bent out of shape about it. I see it as a CYA email - they or someone they talked to saw something, and their first impression is to get pi$$ed b/c they're worried they've been ripped off. Remember, if this is a car for their daughter, her safety is foremost in their minds. Maybe it's a fault, but I usually believe in the general goodness of people too - and, to me it doesn't sound like they're really trying to rip you off. So, wait and see what they come back with, and then, work with them. It sounds like you'll do that, which is good. It doesn't sound like you have anything to hide, so just try & be open & honest with them. I wish you the best of luck!

(Note: I write from a "humanitarian" perspective; I'm not a lawyer, some of this might not be advisable for legal purposes. Although, hopefully you can work everything out so it doesn't come to that!)
 

GSOYF

Senior member
Nov 20, 2001
510
0
0
yup....that blows...or perhaps they got into an accident on their way back, and will now return it to you claiming that you caused the damage....that'll be fun
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Yes, you should have insisted on certified funds like a cashier's check instead of a personal check. You should have provided an AS-IS bill of sale prior to letting them take the car. When I have sold cars, I have always insisted that the buyers sign the bill of sale as well, with a copy kept for my records. Did you disclose the salvage title?
There are some very tricky issues here and you need to take action to avoid litigation.
You need to find out about the status of the check. If the buyers did stop funds on the check, then they need to return the vehicle to you immediately. They will have no further recourse against you (as no sale was completed), but you may have recourse against them, especially if they don't return the vehicle in a very timely manner, and for any excessive new miles on the vehicle (good luck!). If the funds clear, then you need to get that AS-IS bill of sale (which discloses the previous damage to the car) to them immediately (I would drive it over) and have them sign it, with a copy for your records. If they sign it, you should be covered and all is well. If they refuse to sign it (and they might, claiming that they are waiting on their mechanic, etc.), they you need to tell them the sale is off, refund them their money and insist on getting the car back immediately.
All of this may be an overreaction, but personally I would CYA even if that meant taking the car back.

BTW, I am a Notary Public in Oregon and will provide such services to local AT members for free, provided you are willing to come to me (not like Notaries are expensive anyway :p ).
 

AU Tiger

Diamond Member
Dec 26, 1999
4,280
0
76
Relax and let them get it checked out so they will have peace of mind with their purchase. If they want to return it then I would try to recover the ad fee and any additional fees the sale may have cost you. If they keep fussing over it just throw in that Dell Dimension 4500 you haven't opened :)
 

Mister T

Diamond Member
Feb 25, 2000
3,439
0
0
Buying a salvage car is not a necessarily bad idea if you can get a good deal.
Buying a salvage car in the hopes of reselling it is generally a bad idea.

Ross, Cashiers check man....
 

RossMAN

Grand Nagus
Feb 24, 2000
79,006
430
136
Cars can be salvaged even for something as minimal as the car seats being ripped out and stolen.

Usually it's for severe cases like the car has been at the bottom of a pond or lake, fixed up and sold or a major wreck.

Unless I was blatantly lied to (which is entirely possible) when I was sold the car, the only damage was to the front end that's it. AFAIK the frame has never been bent and is still straight.

Here are the estimates for the car's worth, of course these don't take into account that it's a salvaged title:

Edmunds.com estimates the value at $4,087 which is broken down below:
Base price $3,350
Optional Equipment $522
Color Adjustment $25
Regional Adjustment $190
Mileage Adjustment $0
Condition Adjustment $0
Total $4,087

Kelley Blue Book (http://www.kbb.com/) values this car at $4,640

If they pursue a refund I'll probably give it to them but I think charging them for my time, advertising costs and use of the car is a good idea.

I just checked my voicemail and have heard nothing from me. Just checked my e-mail and received this from the mother (the above email is from Lisa, the daughter). This was in response to a call I made to them yesterday asking for the plate and VIN so I can list them on the BILL OF SALE:

--

From: Sara
Date: Tue, 6 Aug 2002 16:14:34 EDT
Subject: corolla
To: Ross

Ross,
The plate number is x, the vin number is x.
When we
recieve the reciept we will transfer title. If it's more convient for
you,
you can drop off the title. Thanks, Sara

--

WTF? This is confusing she's not even mentioning the previous e-mail sent from her daughter about checking out the car. If everything is ok should I mail them the bill of sale and spare key or physically meet them? I prefer mailing so there's no contact or questions or me losing my cool.

I know I should relax but I can't.

Also what is CYA?
 

jcovercash

Diamond Member
Apr 24, 2001
9,064
0
0
WTF is with you people and saying dont buy a salbaged titled car.

My 92 Mustang that I bought was a salvaged title car because someone stole the wheels and in the process dropped it on the blocks, denting the drivers side rocker panel. There is nothing physically or mechanically wrong with the car otherwise.

It all depends on what it was, the car could be totaled and be considered a salage title, or it could have just had some stuff stole or the windows broken, minor wreck etc...

It all depends on insurance of both parties, and the car, etc..

Josh
 

Draknor

Senior member
Dec 31, 2001
419
0
0
I think you should be ok - but if you send it, send it like registered or delivery confirmation or something where you know they have it.

Good luck, I think will be alright :)