> Going to court for apparently selling a messed up car.?

Going to court for apparently selling a messed up car.?

Posted at: 2015-01-07 
Generally the question is reversed, as in I bought a car from a private party and its a POS can I get my money back? in which case the answer is always no, you should have had the car checked out before you agreed to buy it, as in Buyer Beware, Obviously the dirt bag you sold the car to has more time on his hands than common sense, Unless dirt bag has a contract signed by you stating such a warranty he's SOL, Verbal recorded or not is not an implied warranty, Most likely a intimidation tactic to get you to pay for a new engine that his dirt bag son destroyed, in any case this will be a very short court proceeding as the judge will throw it out and you can sue dirt bag for your lost wages from having to show up to a frivolous small claims suit,

Wow, this is a hard lesson. Always sell a used vehicle just like the dealerships do -- "as is" ...with a signed receipt saying "sold as is" - no guarantees of anything unless a warranty is purchased.

You're a good guy for offering the 2 months of repair, but sounds like you got abused on it. And when it goes to trial, I would have an attorney represent me, and let them (plaintiff) prove I offered 2 months repair, and I wouldn't take the witness stand/make statements, so I wouldn't have to lie about anything, under oath. If the recording exists( I'm betting it doesn't), the judge may not accept it as evidence (a good judge would not, I think--writing is what usually counts -- recordings are not reliable. And it takes deep forensics to prove somebody's voice is theirs -- usually not available in small claims courts).

I'd let the attorney handle everything, all the talking, and confide everything in the attorney. I'm really not qualified to offer legal advice, and so I'm not, that's just what I would do. I'd get an attorney. Maybe you think you cannot afford one, but maybe you can't afford to be without one in this case. If you defend yourself and then take the stand (or make statements under oath), then you'd have to lie or truth, and that could decide the case.

One more thing on affording an attorney or not -- if you lose this case, you've got to fix it. Then, they can blow the engine again. And if the 2 months aren't up, you gotta make good on it -- again. Now it just got really, really expensive. If this was me and I lost, and had to repair -- I would not hurry to pay up/repair -- I'd let that 2 months run out to the best of my ability.

Finally, check out the "lemon laws" in your state. These laws exist to protect people who buy "lemons" from dealers, so they can return the vehicle. It should not apply to transactions between *individuals*, and probably does not if your state is doing things right. Point is, I've had people try to return cars to me citing lemons laws, and I discovered it simply did not apply to anyone but dealers, who can afford to absorb a bad transaction like that. I won't even sell to individuals anymore. I junk it, trade it in, or sell outright to a dealer to avoid all this with the false claims, bad checks, and things I haven't experienced yet and don't want to. I don't care if I have to take a small loss. The alternative isn't worth it at all.

Good luck with everything...

They can't prove you said it man, you don't have to worry tell them that it was as is. They will throw it out no worries.

Maybe you should have given them a lifetime warranty?



tell him "Bite me"

The title and everything is signed over. I did not even make a receipt saying I sold it for cheaper so he would Not have to pay much tax which he asked if he could. Assuming he made it and signed my name. Hear is where I screwed myself I said within 2 months anything happens I'll take care of it. I work with 3 other auto mechanics so car was very well maintained. I told him 2 things that the car needed tires and a pulley which drives a belt. His 19yr old son drove it like a race car burned 3 quarts of oil so fried the rods bearing in other words needs a motor. That's his fault I didn't cause that. He said he recorded me when I said I gave him my 2 month warranty I believe it's illegal to record unless I knew it was. I refuse to pay 2 grand to get a new motor put it. Yea I'm wrong for not keeping my word but then again I didn't cause it.