Sold Car- getting sued
04-04-2011, 04:22 PM
#21
If it was me, I would go to court. But ONLY if you were 100% open about the issue. He may have a case if you even suggested to him that he would be fine to drive it home.
You and I know, if the car is over heating you turn it off immediately and either tow it or limp it home at your own risk. Unfortunately it maybe difficult to convey this to a judge with little to no experience with vehicles. As it actually takes some deliberate actions to destroy an engine like that.
Overheating, pulling over and calling a tow truck isnt going to destroy a motor... But driving it while its overheating for a long period of time and/or not pay attention is deliberate. To me its the same as losing control of the vehicle and wrecking it... its not the previous owners fault.
Good luck either way. Id guess hes just blowing smoke. But id be ready, just incase.
You and I know, if the car is over heating you turn it off immediately and either tow it or limp it home at your own risk. Unfortunately it maybe difficult to convey this to a judge with little to no experience with vehicles. As it actually takes some deliberate actions to destroy an engine like that.
Overheating, pulling over and calling a tow truck isnt going to destroy a motor... But driving it while its overheating for a long period of time and/or not pay attention is deliberate. To me its the same as losing control of the vehicle and wrecking it... its not the previous owners fault.
Good luck either way. Id guess hes just blowing smoke. But id be ready, just incase.
04-04-2011, 04:33 PM
#22
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Have some interesting insight for OP, as I was a buyer of a lemon z28. I bought the car and 2 weeks later the connecting rod ripped the **** of the ls1. I thought about the lemon laws and at the time wanted some kind of compensation, but in the end, there was nothing I could do. It was just tough luck on my side and I ended up buying a new ls1 for her. In MD, all private used cars are sold As-Is and especially, with your emails sent to the guy, he 99.99% cant do anything. AS stated in previous posts, stop communication with him and maybe just talk to your lawyer just in case, to see what he could try to do. In my opinion tho and my experience, there is nothing he can do, so dont lose sleep over it. Just be glad that car isnt ur problem anymore and move onto another build
04-04-2011, 04:56 PM
#23
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I would not spend one single second worrying about this.
If he actually wanted to go to small claims court, he would lose. He would have to prove that you knew about the issue and tried to hide it. On the other hand, you have e-mail proof that you knew about the issue but DISCLOSED it before the deal was finalized.
He knew what was wrong because you told him what was wrong. He bought the car knowing what was wrong. It's his problem, and I would inform him that he is never to contact you again for any reason. If he continues to do so, document the occurrences and persue a harassement charge.
If he actually wanted to go to small claims court, he would lose. He would have to prove that you knew about the issue and tried to hide it. On the other hand, you have e-mail proof that you knew about the issue but DISCLOSED it before the deal was finalized.
He knew what was wrong because you told him what was wrong. He bought the car knowing what was wrong. It's his problem, and I would inform him that he is never to contact you again for any reason. If he continues to do so, document the occurrences and persue a harassement charge.
04-05-2011, 02:15 AM
#28
From my understanding from my business law class, unless you implied or expressed a warranty on car then it is sold as is. The warranty could be in writing or verbally but he would have to show proof that it was given, so either something signed by you or even a 3rd party that witnessed the claim.
04-06-2011, 09:21 AM
#35
What everyone said is true, but someone had said that lemon laws only apply to new vehicles isnt true. I was watching one of those court shows on tv and this lady bought a used cavailer for 1500 dollars "AS IS" and during the first 3 months of ownerships, so many things went wrong with the vehicle that she sued for her money back. The defendant had a bill of sale that said sold in as is condition. The judge found that under the lemon laws in her state that unresonable amount of failures happened in such a short time that she had a right to a refund. The lady won.
So in extreme cases its possible even with 10 year old cars. Just unlikely.
Im 99% your all set but I would just ask a lawyer about your state laws concerning this and be done with it.
So in extreme cases its possible even with 10 year old cars. Just unlikely.
Im 99% your all set but I would just ask a lawyer about your state laws concerning this and be done with it.
04-28-2011, 04:29 PM
#38
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05-03-2011, 03:50 AM
#40
When selling a car as a private party it is on an as-is basis. Unless you are a dealer and if you don't disclose that it's as is it would be an implied warranty. This is how it is in ca at least. The buyer has no leg to stand on either way.
Matthew
Matthew