Used Cars: selling our used car, mechnic, husb


Question
Jay, we sold our 1966 cad el dorado last night and received ck for $3500 (book is 3900). he & my husband transferred title at the dmv this am. i cashed the ck this am. an hour ago he calls my husband saying his mechanic did a radiator pressure test(which my husb,a mechanic & son of a mechnic says to never do on a car of this age) and there is a leak (we have owned the car 4 yrs. w/ no problems), the battery needs replacing (my husb bought this car from his brother w/ new battery in it)and it was a qt. low in oil. are we correct in assuming in Texas all used car purchases are "as is" unless otherwise specified? and the deal is done once title has been transferred? we did not have a paper bill of sale stating "as is". thanks for your speedy response!! Jan

Answer
Well first and foremost, I wont issue a title, for a check!  Cash is one thing, but a check is another.  They could cancel the check, or write a hot check, not that, that is real common, but it is a real possibility. And once the name is on the title, and handed to the customer, you dont have much chance of an easy solution.  It is legally their vehicle, and you would have to battle in courts to try and get your money. I would think if they did all of the paperwork at the DMV, that you should be covered.  They should have signed a bill of sale in front of a notary at the tag agent (at least that is how it is here in oklahoma).  On that bill of sale, should have included an AS-IS disclaimer.  But if this guy bought a car that is 42 years old, and did not expect anything to be wrong, is something in it self.  It worries me what issues may come up with the check, being that this guy is complaining about these "minor" issues on a 42 year old car.  You would really need to call the tag agent to see if you are covered, but in my opinion this guy needs a firm talk saying something to the extent of "Are you serious, you bought a 42 year old car, Deal with it, and expect to deal with more as time goes on, because, it is, what it is, and you knew that before you bought it"!