New and Used Car Talk Reviews Hot Cars Comparison Automotive Community

The Largest Car Forum in the Philippines

Page 1 of 4 1234 LastLast
Results 1 to 10 of 37
  1. Join Date
    May 2009
    Posts
    118
    #1
    Good day tsikot, im a buy and seller for about a year. I recently sold a car to a guy from the province. I told him that the owner is my aunt and that she went abroad and she had left the car to me so that i can liquidate the car. I let him inspect & test drive the car, even told him to have a mechanic look at the car and inspect all the documents.
    He bought the car and after a day, he called me and wanted to me to refund his money since he learned that he was already the 4th owner.
    He was threatening to sue me for lying that the car is from my aunt.
    Is there any legal basis for this? Should i give him a refund? He was also charging me for the change oil and other maintenance service he did to the car..

  2. Join Date
    Jan 2009
    Posts
    5,603
    #2
    So was it really your aunt's car? Is she the first owner?

    It'll be easy to prove the above... That is assuming they're true.

  3. Join Date
    Mar 2008
    Posts
    52,727
    #3
    Quote Originally Posted by oj88 View Post
    So was it really your aunt's car? Is she the first owner?

    It'll be easy to prove the above... That is assuming they're true.
    i'd say, you're in the right.
    but as there's this word "goodwill"... and you're in the business that rides on it...

  4. Join Date
    Jan 2015
    Posts
    4,581
    #4
    Quote Originally Posted by kmb333 View Post
    Good day tsikot, im a buy and seller for about a year. I recently sold a car to a guy from the province. I told him that the owner is my aunt and that she went abroad and she had left the car to me so that i can liquidate the car. I let him inspect & test drive the car, even told him to have a mechanic look at the car and inspect all the documents.
    He bought the car and after a day, he called me and wanted to me to refund his money since he learned that he was already the 4th owner.
    He was threatening to sue me for lying that the car is from my aunt.
    Is there any legal basis for this? Should i give him a refund? He was also charging me for the change oil and other maintenance service he did to the car..
    ito na ba ang lahat na pangyayari? wala ka na bang kinikimkim pa diyan? mas maigi, bro, kung meron pa diyan ilahad mo na ang lahat para masagot natin. sa tingin ko simpleng buy and sell lang naman ito.

  5. Join Date
    Aug 2015
    Posts
    220
    #5
    Oo nga, ibuga mo na lahat for sure meron ka pang tinatagong kwento about the car. Kung about the " aunt car issue" lang hindi yan magiging dahilan para isuli ng buyer mo yan...something more trigger the desire to refund...IMHO

  6. Join Date
    May 2009
    Posts
    118
    #6
    Guys wala na po akong tinatago. Nag sinungaling lang ako na sa aunt ko ang kotse at issue yun sa kanya ng company car. Thats all po.
    Rehistrado at updated lahat yun.
    Naghihimutok siya dahil sinabi ko na first owner ang tita ko. Ayaw daw niya na marami na ang humawak sa oto dahil di na matetrace yung history.
    Im just trying to make a living, sideline ko po ito..

  7. Join Date
    Oct 2013
    Posts
    1,181
    #7
    Quote Originally Posted by kmb333 View Post
    Guys wala na po akong tinatago. Nag sinungaling lang ako na sa aunt ko ang kotse at issue yun sa kanya ng company car. Thats all po.
    Rehistrado at updated lahat yun.
    Naghihimutok siya dahil sinabi ko na first owner ang tita ko. Ayaw daw niya na marami na ang humawak sa oto dahil di na matetrace yung history.
    Im just trying to make a living, sideline ko po ito..
    1. Nanloko ka.
    2. Wag mo na uulitin.
    3. Kung walang written evidence, or text message na nagsabi ka na sa tiyahin mo yun or ano pa man. In other words, kung lahat lang verbal, abswelto ka na.

    Btw, ang nakalagay sa deed of sale ng sasakyan ay "AS IS WHERE IS", so kung ano nakuha nya, yan na yun.

    Meron nga dito, akala nya diesel nabili nya, yun pala e gas, di na pwede isoli.

  8. Join Date
    Jan 2013
    Posts
    1,853
    #8
    With all due respect sir, we all are trying to make a living.

    But we try to make an honest living. Sabi nga ni Dr. D. mahalaga ang goodwill. Unfortunately few people value that these days.

    Maraming mabusisi sa kotse. Ganun din ako. He bought "your aunt's car" kasi he trusted you on your word. But later found out na nagsinungaling ka pala. For the buyer, I think it is not just about the car but also the fact that you lied to him. Niloko mo sya ng harapan and he paid with his hard earned money trusting you. Without that trust, I'm sure iniisip nya pa kung ano ano pa ang hindi mo sinabi sa kanya na totoo.

    If you think na, "yun LANG naman ang di mo sinabi na totoo sa kanya," again other people put more weight on people's character than tangible things.

    Isoli mo na lang sir. Aminado ka naman na ikaw ang may pagkukulang. And learn from that mistake. If you want to make extra cash, wag mo lokohin ibang tao. Naniniwala ako sa karma. Ako lang yun

    Be honest. Sa bahay pa lang tinuturo na ng magulang yan. Pati sa GMRC at Values subjects sa school.

  9. Join Date
    Mar 2004
    Posts
    9,985
    #9
    Quote Originally Posted by kmb333 View Post
    Im just trying to make a living, sideline ko po ito..
    A crook or criminal can also make the same justification. Is that ok with you if it happens to you?

  10. Join Date
    Jan 2015
    Posts
    4,581
    #10
    Quote Originally Posted by kmb333 View Post
    Guys wala na po akong tinatago. Nag sinungaling lang ako na sa aunt ko ang kotse at issue yun sa kanya ng company car. Thats all po.
    Rehistrado at updated lahat yun.
    Naghihimutok siya dahil sinabi ko na first owner ang tita ko. Ayaw daw niya na marami na ang humawak sa oto dahil di na matetrace yung history.
    Im just trying to make a living, sideline ko po ito..
    in contracts, dalawang klase yung fraud natin:

    1) dolo incidente or incidental fraud

    2) dolo causante or causal fraud

    causal fraud are deceptions or misrepresentations of a serious character employed by one party and without which the other party would not have entered into the contract.

    incidental fraud are those deceptions which are not serious in character and without which the other party would still
    have entered into the contract.

    the effects of dolo causante are the nullity of the contract and the indemnification of damages

    whereas, the effect of incidental fraud obliges the person employing it to pay damages, BUT it will not invalidate the contract.

    now, YOU LIED. you MISREPRESENTED. but I don't think that your lie or misrepresentation will invalidate the contract of sale you and the buyer entered into UNLESS your misrepresentation that the car was owned by your aunt was the REASON he bought the car from you. Because you are guilty of incidental fraud in the performance of your obligation you will be liable for damages. contact is a law between the contracting parties, and those who are guilty of fraud in the performance of their obligation is also liable to pay damages. however, this is a judicial question which the court must determine how much.

    you can also be charged (am not saying you are liable) with the criminal offense of OTHER FRAUD under Art. 318 of the revised penal code as this provision is a catch-all provision that applies on all instances of frauds not covered by Art. 315.

Page 1 of 4 1234 LastLast

Tags for this Thread

Question regarding deception and its legality