I sold my car to this guy for 3k (Kelley Blue Book Value = "Good" $4,450) and now he is calling me and non stop texting me claiming the car broke down as he drove home. Which is impossible because the car was in really good condition. Now he claims that to repair the motor it would cost him over 4k He wants to sue me or unless I pay him 2000 dollars or buy the car back from him. In the voice mail he mentions like 3 times that the Bill of Sale I provided DOES NOT state, "As Is" and therefore he can sue me. Can I really get sued? In all honesty this car was extremely reliable and I NEVER ever had a problem with it.
Dont worry. There is something called the presumption of the law, which your sale falls under. A sale document does NOT have to state "As-is". All private party car sales are presumed to be as-is, unless a warranty is offered in writing.
The only way you can be sued is if the odometer was tampered or fraudulent methods were used to perpetrate the sale. For example, you don’t legally own the car, you sold a rebuilt or salvaged car without informing the buyer of its true title, or refrained from telling the buyer know of a prior accident you had with it that could affect the safety of it.
When it comes to a mechanical breakdown, the new owner would have to discover a recent repair order from a repair shop stating you were told of impending engine failure and you failed to disclose this to him. The best way for him to find this out is if he had the vehicle inspected before he bought it from you.
I’m assuming you didn’t know the engine would die soon. And that he didn’t have it inspected before purchase. Therefore, it’s his loss and he has no recourse against you. If he does sue you, it will be in Small Claims since the amount is less than $5000. And in Small Claims, the burden of proof is on him. He has to prove you knew about the potential engine failure and failed to disclose it.
You could counter sue him for loss of wages if you have to take a day off work to defend yourself. And should he lose, which he will for having lack of proof, you could very well win your counter suit. Next time he calls or texts you, tell him there is a presumption of the law when it comes to private party car sales. That means the sale is as-is, even if it’s not in print on the bill of sale. And remind him there is also a law regarding harassment!
You may not have stated "as is," but you also didn’t state that there was a warranty. If he takes it to court, and you have some evidence that it was a reliable car, I’m sure he wouldn’t win.
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I doubt he can sue you successfully. Unless you offered some kind of guarantee or warranty or assurance the car was good, you are not on the hook.
The sticking point might be what you said to the buyer when he was looking at your car. He could sue you for misrepresentation, as a verbal contract is enforcable in some states. He would have to prove this somehow, that you intended to deceive him.
Ultimately it was his responsibility to inspect the car completely before purchasing it. Everyone knows a used car purchase is an "as is" transaction. For the amount of money involved, I don’t see him suing you unless he is getting free legal advice and representation.
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I have to agree with Kelly. Just because it doesn’t say "As is" doesn’t automatically imply there’s a warranty.
However, there are a lot of shady lawyers out there who will probably take this idiots case. If one does the legal fees alone could end up costing you more than $2000 (But remember, it’ll cost him just as much)
Different states also treat this type of claim differently, I hate to see you waste a bunch of money that you probably don’t have but it may not be a bad idea to consult a lawyer just for peace of mind.
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First, regardless of whatever condition you believed the vehicle to have been in when you sold it, it’s certainly not "impossible" that it may have broken down. It may be unlikely; but it’s absolutely possible, and you’re only doing yourself a disservice by ignoring the possibility.
Second, one of the wonderful aspects of most states in this country is that any moron can sue anyone for just about anything. Whether the suit will be heard or successful is another matter entirely, but there’s very little to prevent anyone who’s intent upon doing so.
Third, most states have explicit laws governing vehicle sales, both new and used. And in all but a very few, the essence is that any used vehicle sale is on an "as is" basis unless the bill of sale explicitly specifies specific additional terms and conditions or some soft of deliberate fraud can be proved (i.e. the odometer was compromised or known defects were misrepresented or concealed). Those states that do provide some sort of recourse has a very limited time period for doing so.
You should contact your state motor vehicle department and/or attorney general and obtain your state’s exact laws governing the matter. Unless you live in one of the few exception states, you have no further obligation; and while the buyer may be able to sue, they’re absolutely not likely to prevail. Even if you happen to live in one of the few exception states, without the bill of sale providing any sort of explicit guarantee between private parties (non dealer), you most probably have just as little to worry about. The key, of course, is consulting your state to know what the relevant laws read.
If the buyer has no legal standing and continues to contact and/or harass you, I’d contact my local police to protect my rights to privacy and peace. Unless the buyer is a certifiable whacko, that should be more than enough to make the matter go away once and for all.
Best of luck. I hope this helps.
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yeah his right..only kiddding are you a car dealer(obviously not) cause if he wanted a warranty thats who he should have bought from..screew him tightarse deserves to rorted, cause if he was not tight he would have bought from a dealer who would have given him a legeally bound warranty
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Dont worry. There is something called the presumption of the law, which your sale falls under. A sale document does NOT have to state "As-is". All private party car sales are presumed to be as-is, unless a warranty is offered in writing.
The only way you can be sued is if the odometer was tampered or fraudulent methods were used to perpetrate the sale. For example, you don’t legally own the car, you sold a rebuilt or salvaged car without informing the buyer of its true title, or refrained from telling the buyer know of a prior accident you had with it that could affect the safety of it.
When it comes to a mechanical breakdown, the new owner would have to discover a recent repair order from a repair shop stating you were told of impending engine failure and you failed to disclose this to him. The best way for him to find this out is if he had the vehicle inspected before he bought it from you.
I’m assuming you didn’t know the engine would die soon. And that he didn’t have it inspected before purchase. Therefore, it’s his loss and he has no recourse against you. If he does sue you, it will be in Small Claims since the amount is less than $5000. And in Small Claims, the burden of proof is on him. He has to prove you knew about the potential engine failure and failed to disclose it.
You could counter sue him for loss of wages if you have to take a day off work to defend yourself. And should he lose, which he will for having lack of proof, you could very well win your counter suit. Next time he calls or texts you, tell him there is a presumption of the law when it comes to private party car sales. That means the sale is as-is, even if it’s not in print on the bill of sale. And remind him there is also a law regarding harassment!
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me. new car sales manager for over 30 years
Calm down. Private party car sales are considered "as is" transactions. It doesn’t matter if the bill of sale states "as is" or not. As long as you made no warranty, the buyer hasn’t got a leg to stand on. It is the buyer’s responsibility to inspect any vehicle and determine its condition before buying it. Tell the buyer to leave you alone or you will prosecute him for harassment. If he sues you, that’s his right – but it doesn’t mean he’ll win. I doubt it will ever get that far.
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