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Discussion Starter #1
Ok guys, I have an ethics question I need your input on......

I recently sold my comp green Eliminator. The buyer then attempted to flip the car, but barely broke even on the deal. Now that buyer contacted me and is saying that his buyer is claiming that the transmission that was sitting in the trunk is a 3-speed and not the correct 4-speed. He thinks I should refund him $500.00.

My first reaction was to laugh. However, I consider myself to be a fair person, but maybe I dont always look at things correctly. These are the factors I considered in coming to the conclusion that this guy is out of his mind:

1. This was essentially a used car transaction. In other words, "as-is"
2. I made it clear up front that the only thing I had done to the car was to remove the hood scoop and rear wing for safekeeping. My knowledge of the rest of the car was limited to a cursory walk-around.
3. The car has already changed hands again, breaking the chain of custody.
4. The car was readily available for personal inspection prior to the sale.

So with all this in mind, if it were you, what would you do?

Thanks..............
 

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There is no dilemma, you did not sell him the car and he had the right to inspect before it was purchased as did the first guy. I would always look at the numbers on the tranny before I assumed it was correct. He did not do his due-diligence and you did not knowingly misrepresent the tranny.
Kurt
 

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Discussion Starter #7
just to be clear, the person that contacted me was the guy I sold it to, not the guy he sold it to, not that it matters.....lol
 

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I agree you did nothing wrong, besides like Kurt said there are numbers on the parts that help to identify what they truly are and he assumed wrong. Game over you owe him nothing.
 

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Don't loose a second of sleep on this one, and anybody could have swapped in a different trans into the trunk. Ethically your hands are clean. He has no sense in even contacting you. He is just in need of money at others expense.
 

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if you represented it as a 4 speed with the car and its not then you have to ask your self how you would feel. SOMEONE should have checked it. lol
maybe split it with him. some might not agree with this but i would rather do the right thing regardless of what someone elses motives MIGHT be.
 

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Discussion Starter #11
I think the issue really boils down to what were my obligations in listing the car as a "4-speed eliminator, numbers matching". That description was what I got when I myself bought it, and I simply passed that along. If not for my listing it that way, I wouldnt even consider this issue, and would have told him to kick rocks.

Granted, I find it difficult to sympathize with a "flipper", however does my description of the car mitigate his obligation to inspect it beforehand? The first question that came to my mind to ask him was that if there were in fact TWO 4-speeds in that trunk would he have felt compelled to send me an extra $500? I think not.

But I did advertise it that way so its not really a clear cut case.......
 

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Discussion Starter #12
The "swap" issue also came to my mind. When I first got the car, I had Vince Harwood come and give it the once-over. He did tell me that the shifter handle was wrong (this info was relayed to the buyer), but made no mention of any issue with the tranny itself.
 

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does my description of the car mitigate his obligation to inspect it beforehand?
Nope.
If he's an American Picker wannabe he needs to learn that the first rule of flipping is to make sure what you buy is what you think it is, regardless of whatever the owner says. His greed got in the way of his common sense.
 

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There is no dilemma, you did not sell him the car and he had the right to inspect before it was purchased as did the first guy. I would always look at the numbers on the tranny before I assumed it was correct. He did not do his due-diligence and you did not knowingly misrepresent the tranny.
Kurt
Sounds like a job for someone with the right backgrounds judgement is called for, someone like Craigster's brother in law for instance.

 

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The person you sold it to had sufficient opportunity to verify everything about the car against what you stated in the listing. If there was an issue with something, the time to address it was before the sale. He is sour grapes because he didn't make a bunch on the flip. His problem, not yours. You owe him nothing.
 

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Since he flipped the car, he is really owed nothing. The person who has a legitimate grievance is the current owner, who presumably paid (or feels he paid) for a 4-speed numbers-matching Eliminator. If it were me, I'd feel some responsibility for describing the car incorrectly and I'd probably offer your buyer the option of going halves on a $500 refund to the current owner (unless your buyer already gave him that refund). Beyond that, I agree that someone who bought the car to flip is in a different category than someone who bought the car to own and is not entitled to a refund.
 

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There is no dilemma, you did not sell him the car and he had the right to inspect before it was purchased as did the first guy. I would always look at the numbers on the tranny before I assumed it was correct. He did not do his due-diligence and you did not knowingly misrepresent the tranny.
Kurt
i agree with this view!
 

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I think the issue really boils down to what were my obligations in listing the car as a "4-speed eliminator, numbers matching". That description was what I got when I myself bought it, and I simply passed that along. If not for my listing it that way, I wouldnt even consider this issue, and would have told him to kick rocks.

Granted, I find it difficult to sympathize with a "flipper", however does my description of the car mitigate his obligation to inspect it beforehand? The first question that came to my mind to ask him was that if there were in fact TWO 4-speeds in that trunk would he have felt compelled to send me an extra $500? I think not.

But I did advertise it that way so its not really a clear cut case.......

Are you going back to the person that sold you the car?
Apparently you never checked the trans brfore you bought it, and neither did he.
Also you have no control over what your buyer told his buyer.
 
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