Sold Car- getting sued
04-04-2011, 01:12 PM
#1
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Sold Car- getting sued So I sold my ls1 and the waterpump was squeaking and going out. I told the buyer this and he said he would fix it and I lowered the price. He drove it and ended up getting it hot the day he bought the car. Really jacked up the motor and his mechanic is having him put in a whole new motor... None the less he is trying to get money out of me and said he'll go to court with it if he has too. Is there anyway he can win this?
04-04-2011, 01:25 PM
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did you fill out a bill of sale for AS-IS, i always do that to watch my back. I would also tell him tough luck bc you warned him that the water pump needs changed asap so he shouldn't have been driving it until fixed
04-04-2011, 01:38 PM
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I did not write the term as is on the classified and am now worried about it... But, I was thinking all cars sold from a private party are as is... I hope it turns out alright, I hate this kind of thing. I feel bad about it but it didn't happen in my possession and I had no way of knowing ti was going to happen.
04-04-2011, 01:39 PM
#6
That is a tough one honestly. Sure you can say well i told him this was jacked up and even lowered the price. If you had some documentation to show that it was "AS IS" or something, i wouldnt worry. But if it i was paid in cash, then i dont know. If you had it posted on a ad that showed what was wrong with the car before then you should be okay as well.
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04-04-2011, 01:53 PM
#9
He can't sue you. If he could there would be a whole different area of law firms dedicated to used car cases. Just like injury law, medical malpractice, etc. There would be millions of cases.
04-04-2011, 01:59 PM
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He definately wont find a lawyer willing to take the case pro bono so he will have to fork out about $2000 up front unless he sues in small claims which will only warrant up to $1500. In any case, tell him to f' off.
04-04-2011, 02:32 PM
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He might try some sort of buyers remorse but at the same point if he tried that the car would have to come back to you in the same condition it left in and typically when i used to own my carlot you had 3 days to return it even if they sign the as in no warranty sheets etc. So basically my guess is the car shouldve been towed and fixed yet he drove it around ******* the **** out of it and it finally went now your problem say no. Cause if he wouldve fixed the problem in the first place he wouldnt be fucked now and hes just trying to blame you. Thats just my 2 cents
04-04-2011, 02:45 PM
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So I sold my ls1 and the waterpump was squeaking and going out. I told the buyer this and he said he would fix it and I lowered the price. He drove it and ended up getting it hot the day he bought the car. Really jacked up the motor and his mechanic is having him put in a whole new motor... None the less he is trying to get money out of me and said he'll go to court with it if he has too. Is there anyway he can win this?
04-04-2011, 02:50 PM
#16
The only law that would apply to this sale would be "Full Disclosure".
It's worded different ways in different states, but the basic idea is: If you know of an issue with the car, and you don't tell the buyer you can be held accountable. The extent of the accountability varies.
In your case, with the e-mails you would be covered. Even without the e-mail, there would have to be some proof that you knew about the water pump. I realize that you did...but what I'm getting at is that even without the e-mails he would have to prove that you knew about the bad pump, rather than you having to prove that you told him.
In response to the above post - You'd have to read up, but I'd be 99.999999% sure that buyers remorse doesn't apply to private used car sales; regardless of location.
It's worded different ways in different states, but the basic idea is: If you know of an issue with the car, and you don't tell the buyer you can be held accountable. The extent of the accountability varies.
In your case, with the e-mails you would be covered. Even without the e-mail, there would have to be some proof that you knew about the water pump. I realize that you did...but what I'm getting at is that even without the e-mails he would have to prove that you knew about the bad pump, rather than you having to prove that you told him.
In response to the above post - You'd have to read up, but I'd be 99.999999% sure that buyers remorse doesn't apply to private used car sales; regardless of location.
04-04-2011, 03:05 PM
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guy sounds like an idiot. But he would somehow have to prove that you knew the waterpump was bad and didnt tell him. How can he prove that? He cant because you have emails telling him about the pump so tell him to pound sand. Plus if the car was making an audible noise that something was wrong when he stood there and took possession he was negligent in driving it.
04-04-2011, 03:33 PM
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Stop all conversation with this guy immediately ! If you told him about the issues of the car, then he drove the car knowing it could cause problems... thats his fault.
