A few days ago sold a z32 gearbox out of my crashed zed rebuilt 40 k ago car was in 3rd gear at time of crash no damage to engine or gearbox motor ... Engine didnt shift off mounts gearbox mount still fine !! Before crash gearbox shifted fine no probs at all .. Guy who bought box rings up says wont shift into reverse or fifth hes pulled apart good gearbox says shifter fork broken and he wants 200 refund to fix it mind u gearbox was sold for 450 with reciepts of rebuild .. Dilema is now he wants refund bell housing has been removed and who knows what hes removed or how the hell this got broken and weather I give refund considering hes pulled apart how am I spose to know im getting back what I sold ???? Ps car accidend was side impact no shift in motor or gearbox
Sounds like he has put some time and effort into finding the broken part that caused the problem (which he presumably would not have done if the gearbox was working). You have to ask yourself if you (and others) knew that the gearbox was definitely in good condition after the crash. It also depends how you described the gearbox when you sold it. You could just take the gearbox back and sort it out next time there is a tech day?
When you sold it was it shifting into all gears? As you say, you have no way to know what was done to the box when it left you, or even if the box he's wanting a refund on was in fact your box.
Using the stock shifter assembly and all assembled correctly? Seen some funny aftermarket ones not match or been installed incorrectly meaning the shifter won't allow 5 or R. Nothing to do with the box. Also had a shit new clutch that won't allow shifting.
This might sound weird, but were you holding the gear shift leaver at the time of the crash ? This may have caused the damaged fork. You could split the difference and do a $100 refund, at least that would show good will.
This is a good question Was he told that the gearbox was involved in an accident? Did you offer a warranty when you sold it? Did you state to him that it worked fine and did he inspect it before he purchased it? Was it installed by a professional (i.e. mechanic) Has he had this work required authenticated by a professional workshop? I am assuming that this is a private sale, if so there is no warranty unless you told him so, so it is technically a case of caveat emptor (buyer beware) Fair trading would look at whether this was sold under fair and reasonable conditions - it would come down to all of the above questions, the only fair and reasonable expectation in a private sale would be that you told him it was in an accident. They would also consider whether you offered a warranty and whether all the work was carried out by professionals. If he inspected this prior to purchase then there is less obligation required by you. Consider all of the above - then make a fair and reasonable decision and stick with it.
Short answer is, YOU DON'T!!! I'm assuming that you are an honest guy(otherwise, what point would there be in coming on here and asking for opinions). 1: You told him the car had been in an accident(he still bought the G/Box). 2: You provided documentary evidence of previous work carried out on this box. 3: You have no way of knowing whether this box was damaged by him(or someone else)during dis-assembly. 4: How do you know whether the broken box is the one you sold to him, or whether parts have been swapped-over from his old box(Why did he need a new G/box?). 5: If he wants to take the issue further, he has to be able to show that, 'You knew that there was damage or fault with this item PRIOR to accepting his money(and you failed to tell him)'.
I told him it was in accident told him didnt wanna really sell because it was a good rebuilt box was in 3rd at time of accident was not h9lding shifter at the time it was shifting fine sold as is offered it for 500 he said 400 then I said take AS IS 450 reckons he pulled it apart .... Wasnt installed by mechanic no waranty offered or implied at any point as it was 2 cheap It all sounds really dodgey and I dont sell anything I dont know is 100%
As usual, Chilli is correct. Goods sold under these conditions cannot, nor should be, expected to carry any sort of guarantee unless stated at time of purchase - preferably in writing. Although I sympathise with the buyer IF what he says is true, I can see no way you can be held responsible either legally or morally after he has dismantled the gearbox in any way.
Thats exactly the way I felt about the situation y in the hell was it pulled apart I dont know him how do I know if its my box or whats been damaged dropped or installed with shifter the forced into place breaking the selector fork so he says plus he was running high hp an destroyed the last box an he wants me to go pick it up from over 100 km away and g8ve full refund I offered 100 refund as compensation but he said hes found another box an he is installing that one ive had other people off this forum that can back that box was good and unistalled properly and saw that no damage to box or engine car was still in 3rd at time and was still in 3rd after accidend front right hand side impact I was going backwards at time of impact
I also told him gearbox was in accident an no he didnt inform nor ask bfore disassembly that right there would void any warranty even IF I offered which I definitely did not in any way shape nor form sold as is at $450 which is still cheap 4 rebuilt box WITH proof over $1500 spent on it
I would have been happy to take it back but hes pulled it down an who pulled it apart are they qualified or do they know what they are doing has anything been removed swapped thats exacly y dissasembly voids warranty there are people that would will do that I didnt want to really sell it needed caash 4 new project an thought id help him out as gearbox I advertised was sold and I had this out of my car but didnt need box right away
No contact bfore strip .. I just thiought they cant know what their doing bellhousing is not removable output casing must be removed I honestly think they put it down or dropped it on selector shaft as shifter was removed before removing from car and it was hanging from box
What's the dilemma? Caveat emptor is Latin for "Let the buyer beware". Generally, caveat emptor is the contract law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods. The phrase caveat emptor arises from the fact that buyers often have less information about the goods or service they are purchasing, while the seller has more information. Defects in the goods or service may be hidden from the buyer, and only known to the seller. Thus, the buyer should beware. This is called information asymmetry.
Based on what you have said Tell him to go jump in a lake and cool off! Tell him he will have to take you to court as you will not give him anything back nor take the item back - caveat emptor You have done everything expected of a good seller - he ruined his chances by dismantling the item! Don't feel guilty or obligated to do anything such as give any or part of the money back - refer him to this post if you like, so he can see what others are thinking in good faith. He has no legal legs to stand on!
This is correct - caveat emptor rules unless he was deceived (defrauded) You have stated the facts and thus he was not deceived It would be a slightly different story if you were a business - but the business could also successfully argue that warranty was voided when it was disassembled without authorisation and approval from them.
There is no way he snapped the fork on impact, I've seen the car. It's physically impossible. I also helped remove this gearbox and it came out fine with no damage, I'm 99% sure that one of us would have selected all gears sitting in the crashed car at some point although I can't specifically recall it. Regardless, this guy sounded dodgy as **** in the first place so it's entirely likely hes just pulling a shifty since he has another blown gearbox there. Why would you start stripping it without first calling the seller? Because you broke it yourself and tried to fix it first. Or to swap in the core from your blown one and try get a refund.... who only asks for 50% refund if they honestly believed the seller sold them a useless item?
