Private Sale: Buyer wants payment for repairs or all money back

[jpmarotta]

What is the name of your state (only U.S. law)? Massachusetts

7/18 (Day 1): Sold an '02 Subaru WRX on craigslist for $10,000. Vehicle was bought by an 18 year old individual, with his biological father and I assume step-mother as witnesses.
7/23 (Day 5): Receive a call from the buyer's step-father, who by the way works for a car dealership, stating that a wheel bearing went bad, and wants me to pay for repairs. Otherwise they are going to want their money back. Was then told that actual buyer wants to keep the vehicle. Was told that the repair as going to cost around $400. I said I wanted an estimate of the repair in writing, I did not authorize the repair. Was told I would get one the following day.
7/28 (Day 6): Buyer's step father calls, wants to "take care of this next week".
8/6 (Day 20): Buyer calls to settle bill, repairs have already been carried out, now wants a total of $551 to cover additional repairs. I ask again for an estimate, which I get in the form of an invoice via fax from the step father's repair shop. I was out of town, said I would take this up on them on 8/11 when I returned.
8/11 (Day 24): Call the buyer's step-father since he is the person I've been dealing with, leave a message on his voicemail, no response back.
8/13 (Day 26): Speak to the buyer on the phone, letting him know that I've called his step-father with no return call. He informs me that the car did not actually get inspected until 8/7.
8/20 (Day 33): Get a call from the buyer wondering when I was going to pay him the $551?

Question: Do I owe the buyer anything in compensation?

For reference, here's Massachusetts' Lemon Aid law: http://www.mass.gov/legis/laws/mgl/90-7n.htm

Chapter 90: Section 7N. Voiding contracts of sale

Section 7N. Notwithstanding any disclaimer of warranty, a motor vehicle contract of sale may be voided by the buyer if the motor vehicle fails to pass, within seven days from the date of such sale, the periodic staggered inspection at an inspection station licensed pursuant to section seven W; provided, that the defects which are the reasons for the failure to issue a certificate of inspection were not caused by the abusive or negligent operation of the motor vehicle or by damage resulting from an accident or collision occurring after the date of the sale; and provided, further, that the cost of repairs necessary to permit the issuance of a certificate of inspection exceeds ten per cent of the purchase price of the motor vehicle.

In order to void a motor vehicle sale under this section the buyer shall, within fourteen days from the date of sale, notify the seller of his intention to do so, deliver the motor vehicle to the seller, provide the seller with a written statement signed by an authorized agent of such inspection station stating the reasons why the motor vehicle failed to pass the safety or combined safety and emissions inspection and an estimate of the cost of necessary repairs. The buyer shall be entitled to a refund of his purchase price unless the buyer and seller agree in writing that the seller may make the necessary repairs at his own cost and expense within a reasonable period of time thereafter. This section shall apply only to motor vehicles purchased for the immediate personal or family use of the buyer.

Here's an excerpt from the mass.gov website: http://www.mass.gov/?pageID=ocaterm...terminalcontent&f=the_lemon_aid_law&csid=Eoca

Lemon Aid Law
The Massachusetts Lemon Aid Law allows you to void or cancel a motor vehicle contract or sale if your vehicle fails to pass inspection within seven days from the date of sale AND if the estimated costs of repairs of emissions or safety related defects exceed 10% of the purchase price. (M.G.L. c. 90 §7N) This law applies to both dealer and private party sales of cars and motorcycles purchased for personal or family use. Dealers must display your Lemon Aid rights by putting a sticker on the left front window of each used car at the time of delivery.

Vehicle Inspection And Registration Requirements

By law, sellers of used vehicles must remove inspection stickers prior to transferring the vehicle to the new owner. Motor vehicle inspection stickers are not transferable to a new owner. When you buy a used car, you must bring the car to a licensed Massachusetts Inspection Station within seven days of registering it. In order to be protected by the Lemon Aid Law, however, you will need to have it inspected within seven days of purchase. For your own protection, do not allow the dealer to do the inspection for you.

...

How To Receive Your Refund

In order to obtain a refund, the vehicle must be inspected and rejected by a licensed Massachusetts Inspection Station within 7 days of purchasing it. The rejection cannot be caused by your negligence, abuse or an accident occurring after the date of sale. In addition, you must complete all of the following steps within 14 days from the date of sale:

1. Get a written statement, signed by an authorized agent of the inspection station, stating the reasons why the vehicle failed to pass the safety or combined safety and emissions inspection test.
2. Obtain a written estimate of the costs of the necessary emissions or safety repairs showing that those costs exceed 10% of the purchase price.
3. Notify the seller of your intention to void the contract under this statute (M.G.L. c. 90, §7N). Do this by certified mail, return receipt requested, and by regular mail. Enclose a copy of the documents listed in Steps 1 and 2. Be sure to save copies for your files.
4. Deliver the car to the seller, even if delivery requires towing services. It is advisable to take a witness with you and copies of the documents listed in Steps 1, 2, and 3. If the seller refuses to accept the car, prepare a statement indicating that you and a witness delivered the car to the seller on that date, but that the seller refused to accept the car. Be sure the statement is signed by both you and your witness in the presence of a notary public.

If you comply with these provisions, you are entitled to a full refund of the purchase price. You and the seller may agree in writing to have the seller do the necessary emissions or safety-related repairs at the seller’s expense. You may, however, refuse the seller’s offer and accept a full refund.

...

Private Party Sales:
In addition to the Lemon Aid Law requirements, a private party who sells a consumer a used vehicle must tell the buyer about any known use or safety defects. If the buyer discovers a defect which impairs the safety or substantially impairs the use of the vehicle, and can prove the seller knew about it, then the buyer can return the vehicle within 30 days of purchase. Private parties are bound by this law, regardless of the age or selling price of the vehicle.

 

[Zigner]

Tell the buyer that you hope he enjoys his new car...
(You don't owe anything, based solely on what you posted.)

 

[acmb05]

$551 for a wheel bearing that's a little rediculous any way.

 

[Nativity]

When buying a car via a private sale it is the potential buyer's responsiblity to take the car to a trusted mechanic and have the car looked over before the purchase. Or you the seller take it and they meet you at the mechanic.

They didn't do this, you would think someone in a car dealership would have known better enough to do so but due the to the fact that they didn't and only took it to get looked at afterwards, you don't owe them.