Originally posted by: fbrdphreak
So we sold my gf's 2001 Saturn L200 to a guy (to his son technically, son bought it, guy arranged it), deal was done tonight and they looked at it first time yesterday.
Told them yesterday the front brakes were coming up on needing changing (56K miles on original brakes), but the pads still had a good amount of material left (no where near wear markers). We were planning on changing them before the car sold, but this happened so quick we didn't have time. After I told the guy we were planning on changing them, he didn't say anything about it.
Fast forward to transaction today. Bill of sale, title, and money change hands. Towards the end, the guy asks what we're doing to do about the brakes. Turns out he wants us to take care of the brakes still :roll: Even though my gf asked him about the brakes in an e-mail last night to check on last minute things (which he didn't answer), he says something about it AFTER the freakin' sale :roll:
So appearing a little unsettled about it, we tell him we can get the pads for about $30 and my mechanic can change it for around $40. He says his son will get in touch with us about it :roll:
So if/when the guy contacts us about this, what should we do? This is on my gf's dime and he got the car for $6800 (KBB Good condition $7100, which was our asking price). She'd rather not even spend the $30 on pads and let them get it installed, just because she's irritated with the guy's gall about it.
I'm not worried about anything he can legally do, he signed the bill of sale saying car is provided as-is with no warranty.
What would you do in this situation?
Originally posted by: Zenmervolt
A reasonable person would not expect the seller to change the brakes overnight. In this case, the admission that the OP "had been planning" to change the pads before the sale was nothing more than a disclosure of a pre-existing condition that he did not have time to fix before selling the vehicle.Originally posted by: dirtboy
If you told someone you 'probably' were going to do something, then they have every right to assume that you did it. Nowhere did you state to him at the time of sale that you didn't change the pad, so he probably assumed you did it, until he inspected it later.
Nowhere did the OP say anything that could be assumed to be a promise by a moderately intelligent person.
ZV
Originally posted by: dirtboy
If you told someone you 'probably' were going to do something, then they have every right to assume that you did it. Nowhere did you state to him at the time of sale that you didn't change the pad, so he probably assumed you did it, until he inspected it later.
Now you are saying he's the bad guy for asking you why you didn't do it. Sounds like you made him a false promise. The honorable thing to do is to own up to your words. However, legally he has nothing, unless he can prove that you intended to change the pads; odds are he can't prove that, unless it's in the e-mail your gf sent him.
Originally posted by: Heisenberg
If he wanted it done before the sale was complete, he should have said something. Too bad for him.
Originally posted by: senseamp
Tell him to FOAD. It's not your problem. What if tomorrow he wants you to fix something else on the car too?
Originally posted by: Heisenberg
If he wanted it done before the sale was complete, he should have said something. Too bad for him.
No, the OP said that prior to the decision to sell the car he'd been planning to change the brake pads. That is a disclosure of upcoming required maintenance, not a promise to perform the maintenance. That's like when I sold my 914 (bought it back later, not part of this story though), I told the buyer that I "had been planning to change the clutch" before I decided to move and sell the car. It was an admission that the clutch was coming up on a replacement interval, not a promise to perform work on the car and, as my buyer was reasonably intelligent, he took it as such.Originally posted by: slag
Why would he? The OP SPECIFICALLY mentioned he was going to fix the brakes.
The OP did not fix the brakes.
The OP did not fulfill his part of the deal.
Except that the OP NEVER said that he'd have the brakes done. WTF is so difficult to understand about that?Originally posted by: dirtboy
The moment you said you'd have the brakes done, you made an obligation to him.