car sold a munth ago. they gave me $ down and now when its time to pay this munths payment they want to give it back. car was sold "as is". they drive it everyday. they want their $ back. what are my rights? how long do they have to change their minds beforeits to late?
Sales of cars (and most other tangible personal properties) between individuals in WA are "as is". As is means "tough luck; cannot change your mind; should have inspected before agreeing". There is no buyer's remorse in as is sales, except under narrow circumstances (such as a traveling salesperson).
So, unless your agreement allows a return, the buyer has no legal basis to expect to be able to return the car to you.
On another hand, your post suggests that the buyer is making payments to you. The buyer can play games by not making payments to you. Then, you will have the hassles of suing the buyer or doing something else to get your car back.
Their usage of the car has a value. If they caused damage to the car, the damage has a value.
You may have to make a practical decision as to which way is easier for you: consider the sale done and hope you get all your payments; or, charge the buyer the reasonable values of the usage and damages, get the car back, and find a more reasonable buyer.
your rights are defined by your agreement and/or state law. The question becomes WHY does this person wish to return the car? Maybe they cannot make the payment and in that case, it's a blessing, no? Anyhow, no one gets to just ride for free for a month, absent some legal reason. More details are needed, but, generally, it's best to "work it out" if you can...
You probably don't have to take it back unless you want to. In a private sale, in most states the seller’s only obligation is to answer questions truthfully, not hide anything, tell the truth about the vehicle mileage, and sign over a clear title to the vehicle. There is no 3 day right to cancel a sale, or anything like that, in a car dealer sale or in a private sale unless it is part of the original sales agreement. Here’s a WA Attorney General link explaining that: http://www.atg.wa.gov/ConsumerIssues/Cars/Precautions.aspx Still, buying or selling a car in a private sale can be risky business because the law is very different from a car dealer sale. In a sale between two people, neither of whom is a car dealer, in most states the only obligation on the seller is to answer the buyer’s questions honestly and not hide anything that the seller realizes the buyer would want to know about. The seller has to tell the truth about the mileage on the car too by filling out correctly and honestly an odometer statement for the buyer to have. And in those states that require mandatory emissions tests in order to get a vehicle licensed, many of those states say that if the emission/pollution equipment was disabled or removed then the buyer may have the right to cancel the sale. There is a used car lemon law in Hawaii, Massachusetts, Minnesota, New Jersey, New York, and Rhode Island, but nowhere else so far - and most of those only apply to car dealers and not private sellers. You can read an outline of your state's new motor vehicle Lemon Law on this web page here: http://ohiolemonlaw.com/state-lemon-law-summaries.htm. Next time, if you want to make the agreement clear so no dispute comes up later, the buyer and seller should consider writing out a “contract of sale” which says what the year, make and model and “VIN” number of the vehicle is, and also what (if anything) is being represented about the vehicle or if it is being sold “as is,” and then both of them sign it and each keeps a copy. But a written contract is not required in most states to privately sell a motor vehicle. Car dealers, however, have to use a written contract in every sale. To find out for sure what your obligations and rights are in a private vehicle sale in your state, you need to talk to a local attorney who deals with this kind of case. Check this web page for a Free Online 50 State national List of Local Lemon Law Lawyers (they don't pay to be listed here and most of them are members of the only national association of consumer law lawyers): http://ohiolemonlaw.com/locate-a-local-attorney.shtml. You can also look on Avvo.com under the Find a Lawyer tab or call your local attorney bar association and ask for a referral to a lemon law lawyer near you. If this answer was helpful, please give a “Vote UP” review below. Thanks. Ron Burdge, www.BurdgeLaw.com
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