Legal question thread

MyNeonSaysHi · Post by **MyNeonSaysHi** » Sat Jan 20, 2007 6:57 pm

Ok heres the deal:

I had my rims & tires up for sale on another forum. Had them up for sale with no bites. Well I finally got a buyer. He told me he was going to buy my rim and tire package and he would be getting the money soon. So I got a call and I met him and 2 other people at a grocery store. He paid in cash and I gave him my rims with lugs. They don't even know what my name is, the only thing they have is my cell number. Well anyway, later today I get a call from him saying the rims did not fit on his car. I told him, "You bought them and you will have to sell them." End of conversation.

Do they have the right to bring them back and get their money back? My dad says they do because it was an oral contract?!

I don't think they have the right since he paid cash and took them away from me without asking questions.

Who is right?

Adam_T · Post by **Adam_T** » Sat Jan 20, 2007 7:09 pm

its not an oral contract. there is no proof. dont worry about it. you cant sue or do anything legal over that.

dont worry about it. he paid in cash so there is no record of him actually buying them either.

dont worry about it what so ever. none.

MyNeonSaysHi · Post by **MyNeonSaysHi** » Sat Jan 20, 2007 7:16 pm

Well he had 2 other people with him.. I asked chacha (search engine thingy)... and they said contact the site adminstartor. I had them posted on a forum and I don't see any rules on the forum ont he forsale section so I guess everything is "sold as is" correct?

bad04srt · Post by **bad04srt** » Sat Jan 20, 2007 7:16 pm

the only thing is he will probably leave you negative feedback....so dont plan on selling on that site again

fearingdark · Post by **fearingdark** » Sat Jan 20, 2007 7:20 pm

to hell with him. how hard is to call a tire shop and ask "will wheels from car 'A' fit on my car?" i don't think that takes rocket science.

i say it was sold as is. unless you made promises...then you could still keep the cash and let him hang but you'd be a dick....

bige1030 · Post by **bige1030** » Sat Jan 20, 2007 7:26 pm

Since you didn't explicitly disclaim the implied warranty of fitness for a particular purpose, it applies in this sale. That warranty is a guarantee that if the seller knows or has reason to know why the buyer is buying the item, then the seller guarantees that item is fit for that purpose.

In this case, it's probably assumed that you should have known that the buyer wanted to put the tires and rims on a car. Since they didn't fit, the implied warranty of fitness for a particular purpose allows the buyer to return the items for a full refund (a.k.a. "revoke acceptance").

Your dad is right but not for the reason he stated. He is right only because you didn't explicitly state that the sale was as-is or disclaim the implied warranty of fitness for a particular purpose in this case. However, he does have a point: it'll be tough to prove that you said the sale was as-is or that you disclaimed the implied warranty without a witness.

Post by **racer12306** » Sat Jan 20, 2007 8:41 pm

I'm thinking if you disclosed all specs about the wheels and tires, then it is the buyers fault that they don't fit. If you didn't disclose that then it could come back on you.

MyNeonSaysHi · Post by **MyNeonSaysHi** » Sat Jan 20, 2007 9:20 pm

In my thread I said they were 5 lug 205/40/17. I didn't state the bolt pattern though... Like I said before he bought it using cash, I didn't give him a receipt or anything. When he called me, he told me they didn't fit and as stated above I let him know its his problem and he is going to have to sell them now. He seemed kind of bummed, but he didn't argue or anything about it. Thanks for the info you guys. If he calls up and demands his money back or will pursue legal action. I will give him his money back but I will keep $50 (for my time and hassle) plus my rims, they better be in the same shape as when I sold it to him. He made a mistake by not asking questions.

bad04srt · Post by **bad04srt** » Sun Jan 21, 2007 12:12 am

i can see where your coming from, but if it were me i would give him his money back....it was an honest mistake and i mean, if someone sold you rims and you were all excited and rushed home to find out they didnt fit wouldnt you want your money back? legally i dont think he can do anything but i would give it to him just to be a nice guy...plus he will give you great feedback

fixitmattman · Post by **fixitmattman** » Sun Jan 21, 2007 12:19 am

It's not your fault he failed to ask what the bolt pattern was or do the necessary research. You made no claim that they would fit his car. Cash sale, buyer beware, end of story. You don't have to do a thing. You sold the wheels in good faith, it's his problem.

MyNeonSaysHi · Post by **MyNeonSaysHi** » Sun Jan 21, 2007 11:39 am

The thing is there is no feedback section on that forum... (Very badly run forum with a shitload of people) Plus my rims are like on the 8th page.

I know where you are coming from bad01neon. If that happened to me I would be pissed.. But then again, it wouldn't because I would be asking alot of questions.

Sucks to be them. They live 38 miles away, so its not like I am going to see them anytime soon. Another thing, when he was asking about them, I checked to see his join date and he had joined the 16th of January of this year.

He can always sell them and probably get more money... I gave him a pretty good deal.

kc2005ptgt · Post by **kc2005ptgt** » Sun Jan 21, 2007 12:12 pm

bah, if he isnt fighting you, I say do what you stated previously... just wait and see what he does, and if he starts threatening, then sure, refund but keep some back and make sure your rims are in good condition. Was it on KCSR? Those guys are tools anyways, buncha mullet-heads for the most part

j/p

MyNeonSaysHi · Post by **MyNeonSaysHi** » Sun Jan 21, 2007 1:01 pm

Yes it was.

sxt42uner06 · Post by **sxt42uner06** » Mon Jan 22, 2007 12:04 pm

man i didnt know ur rims were for sale ???? i loved them i woulda bought em

KrackstaR · Post by **KrackstaR** » Mon Jan 22, 2007 12:11 pm

well what kind of car did he have and did you state what car the rims came from in your post. cause you can make any rim fit any car with the right corretions modifications, for example if he has a 4 lug neon then all he has to do is switch over some stuff and wala everthing will fit.

MyNeonSaysHi · Post by **MyNeonSaysHi** » Mon Jan 22, 2007 11:51 pm

sxt42uner06 wrote:man i didnt know ur rims were for sale ???? i loved them i woulda bought em

I wouldn't want to ship them, I already had a bad expierence shipping a huge item.

Thats why I chose a local forum.

well what kind of car did he have and did you state what car the rims came from in your post. cause you can make any rim fit any car with the right corretions modifications, for example if he has a 4 lug neon then all he has to do is switch over some stuff and wala everthing will fit.

Yes, I had pictures of my car with them on to show what they looked like. They are going on an Ecplise, have no idea what gen... I don't know if it was the bolt pattern or they didn't fit as in having rubbing issues.

kc2005ptgt · Post by **kc2005ptgt** » Tue Jan 23, 2007 4:41 pm

I think 2gn and 3gn dsm have 5 bolt, but I think are 114.3mm.

KrackstaR · Post by **KrackstaR** » Wed Jan 24, 2007 12:46 am

-CgPeon- wrote:Yes, I had pictures of my car with them on to show what they looked like. They are going on an Ecplise, have no idea what gen... I don't know if it was the bolt pattern or they didn't fit as in having rubbing issues.

well right there its not your fault you had told him what car it came off of he should have researched it, believe me if i was selling my motor and i took the time to get it sold and some tard was like hey i couldnt get it to fit in this focus then iam going laugh in his face and say "sorry for ya"

neon_ert3 · Post by **neon_ert3** » Wed Jan 24, 2007 7:18 am

hes just SOL if it were me, i would have asked some questions about them. too bad

Rossguk · Post by **Rossguk** » Wed Jan 24, 2007 7:23 am

His problem, should have checked it out!
offer to buy them back less $50 or so