Sold a UTV on craigslist and now buyer wants refund

[tacker]

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

I recently purchased a Side by Side utility vehicle to buy and sell and make some money on. The Vehicle had some frame damage that I was aware of. I took it to a auto body place and they repaired the damage to the best of their ability. The UTV ran and drove fine and it actually only had about 200 miles on it... I sold the Utility Vehicle on craigslist to a guy and the buyer called me today ( 3 days later ) and said when he was changing the oil he noticed the frame repair welds and markings made from the autobody shop and wants to return it to me for a refund. I told him I had already spent the money and that he had a chance to look it over when he bought it and that the damage didn't affect the way it handled or drove and that I would not return the money. He contacted a lawer and she called me and left a voicemail 2hrs after getting off the phone with the buyer and says they will file suit if i do not return the guys money within 7 days stating that there was extensive damage not disclosed to the buyer.. Both he and I signed a Motor Vehicle bill of sale that stated that it was sold in "as is" condition -
I am considering returning the guys money just based on principle , but I am wondering what my options were if I chose not to.
Would the Bill of sale hold up in court ?
If it did go to court - what courthouse would it be held at? The county he lives in or the county it was purchased in ( my county )
The only other thing that may or may not make any difference is that I had not received the title yet after sending it in and that we had agreed that I would mail it to him once I received it.
Like I said, I am thinking of just letting him return it because even if it did go to court and I had to pay a lawer I would lose money instead of just getting the UTV back and selling it again...
but, are they just blowing smoke or will they take it all the way ? Seems like it would be too costly for him to pay or hire an attorney to make it worth it... ( the UTV was sold for around $7500 )
Any info you could give me would be greatly appreciated.
I am not a dealer and this was a cash transaction .
Thanks!

 

[tacker]

Let me also ad that this is what the bill of sale states that we signed:

Seller certifies to the best of the Seller's knowledge that the odometer reading listed in the vehicle description above reflects the actual mileage of the Vehicle. The Vehicle's odometer was not altered, set back, or disconnected while in the Seller's possession, and the Seller has no knowledge of anyone doing so.
Seller warrants to Buyer that Seller has good and marketable title to said property, full authority to sell and transfer said property, and that said property is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever. Also, Seller agrees to mail title to the address listed below within a reasonable amount of time once seller has received title back from the State of Illinois.
Said Vehicle is otherwise sold in “as is” condition and where currently located.

 

[sandyclaus]

Ignore the buyer and his lawyer.

An AS-IS sale is just as it says - the buyer accepts the vehicle exactly as they find it. If there was a question of its mechanical or structural condition, they needed to hire a mechanic to do a full inspection of the vehicle PRIOR to completing the purchase. Had they done that, they would have discovered the frame issues and could have inquired further, or passed on buying it altogether if they had significant concerns.

Just because a lawyer is jumping in doesn't guarantee that there's a case in it for the buyer. You don't even know if this person IS an attorney, only that the buyer is threatening to sue you and saying they have one willing to represent them.

If they press the issue, tell them to enjoy their new vehicle. If they DO try to sue, simply show your copy of the bill of sale that states that the purchase was AS-IS, and I'm pretty sure you'll be just fine.

 

[jiggy78]

His "lawyer" is probably his mom.

You should send one last message to the buyer stating the sale was as-is, you will not be refunding his money, and to cease all contact. If he harasses you, file a police report. If you are sued go to Court and show the bill of sale. You don't need a lawyer and the Judge will probably scold the guy for wasting the Court's time and then rule in your favor.

 

[tacker]

I did check the phone number that the "lawer" called from and it did come up in google as a legit law firm and she was listed as an attorney there...
So you guys think I should just ignore it or should I call the guy back and let him know I have the bill of sale that he signed and that he doesnt have a case.

Is there ever an instance where a buyer does have cause to react in a person to person transaction with a motor vehicle ?

 

[KarmasPuppy]

I did check the phone number that the "lawer" called from and it did come up in google as a legit law firm and she was listed as an attorney there...
So you guys think I should just ignore it or should I call the guy back and let him know I have the bill of sale that he signed and that he doesnt have a case.

Is there ever an instance where a buyer does have cause to react in a person to person transaction with a motor vehicle ?

Ignore, ignore, ignore. Rinse and repeat.

 

[tacker]

So I got a summons today - stating that I owe the plantiff the full amount of the UTV I sold him for::: "damages caused by defendants breach of contract in that he offer to sell the plantiff a Utility vehicle that was completely stock and original and working great ( **exhibit A ) and the plantiff accepted that offer by payment of " $XXXX " when in fact the item was significantly damaged and that damage went undisclosed despite being known by defendant to exist ; that the defendant refused to pay the same and that no part therof has been paid******************************************....

**Exhibit A : which is a print out of the craigslist ad in which i did say " completely stock and original " In my mind i said this because lots of people put aftermarket parts on them

So do they have a case ? Does the print out matter since it was sold "as-is"
Is the print out of the craigslist ad even really admissible since a 5 year old could forge or re-make one with Microsoft paint
I feel they are kinda stretchin it... And of course they never mentioned the bill of sale that he signed

Based off what they are asking for he would get $xxxx + the Utility vehicle ?!

 

[Zigner]

So I got a summons today - stating that I owe the plantiff the full amount of the UTV I sold him for::: "damages caused by defendants breach of contract in that he offer to sell the plantiff a Utility vehicle that was completely stock and original and working great ( **exhibit A ) and the plantiff accepted that offer by payment of " $XXXX " when in fact the item was significantly damaged and that damage went undisclosed despite being known by defendant to exist ; that the defendant refused to pay the same and that no part therof has been paid******************************************....

**Exhibit A : which is a print out of the craigslist ad in which i did say " completely stock and original " In my mind i said this because lots of people put aftermarket parts on them

So do they have a case ? Does the print out matter since it was sold "as-is"
Is the print out of the craigslist ad even really admissible since a 5 year old could forge or re-make one with Microsoft paint
I feel they are kinda stretchin it... And of course they never mentioned the bill of sale that he signed

Based off what they are asking for he would get $xxxx + the Utility vehicle ?!

So, you DID represent the vehicle as one thing and then sold it with hidden damage that you tried to conceal. You will likely lose.

As to the veracity of the ad - you KNOW that's how you put the ad out. Are you really considering committing perjury?

 

[tuffbrk]

I'm confused. The ad stated that it was completely stock and original - which I was under the impression that it was? Did the fact that repairs were made by the auto body shop factor in somehow? As in, parts were replaced? Whenever I buy anything "as-is" I automatically know that it needs to be carefully checked over. I'd think that's fairly common?

 

[Mass_Shyster]

Bring the copy of the bill of sale to the court and let the judge/magistrate decide.

They will not get to keep the vehicle AND get a full refund.