Hey all,
I am having a car-related issue that you all might be able to offer some advice on. I sold my previous car last September, a 1994 Dodge Intrepid. At the end of January, the buyer called me and said the car had thrown a rod and was totalled and wanted some of the money back. Since I have been living paycheck to paycheck recently, I said I really couldn't help her, plus I spent all the money from the car on furniture for a new apartment I recently moved into. I felt bad, since she only had the car for a few months, but honestly felt it was no longer my problem. After all, how do I know how well they treated the car in the time they had it? This was a private sale and from what I understand there is no implied warranty in these cases. I sold the car as is, buyers beware, etc, etc. The only catch is if I flat out lied or misrepresented the car, which didn't happen. I was honest, said that I maintained the car well (always on time with oil changes, etc), which is the truth. I had no idea this was going to happen.

Now, I have found out that she is sueing me in small claims court for the cost of the car plus damages. I honestly don't think she has any grounds for this. Anyone ever have this happen to them or have any legal or technical advice they can offer? Is there any way I could have known the car was about to throw a rod? Are there warning signs? She said the car started knocking before they took it and and found the problem, but I never experienced this at all. Any tips are appreciated. I will be calling a lawyer tommorow.

 

I see nothing for her to stand on. It was a private sale, no warranty or guarantee expressed or implied, especially nothing in writing. Lemon laws dont apply to private sales I dont think.

Even if you treated the car like crap, you couldn't be in trouble. You don't have regulations on your sale of the vehicle.

 

You will be fine. It is totally sold as-is, with no warranty unless you specified one. If the car threw the rod on her way out of your driveway after signing the paperwork, she's out of luck...it's her car now. Used cars are a gamble, sometimes they pay off, sometimes they don't. I would bet that you don't need an attorney, but it might be good to talk with one just to make sure there isn't something you are missing. If you can find a decent one, they usually will at least talk to you for free and give a little advice.

 

+1 I agree. Unless you wrote something on the paperwork about a warranty, private sales are sold as-is, buyer beware.

 

+1, I always include a bill of sale when I sell a vehicle with the phrase "vehicle is sold as is, where is, with no warranty implied or expressed." I sold a car one time and about 9 months later I started getting parking tickets for it. The buyer landed in jail, and never registered the car, so it was still legally in my name. That bill of sale came in pretty handy.

 

Ask her to look up the legal term caveat emptor (the rule means that the buyer only gets what he pays for). You having nothing to worry about.

 

Agreed. Caveat Emptor.

This is nothing but a nuisance suite.

 

+1. I did this too. Once they sign that Bill of Sale they accept that vehicle As-Is, Where-Is end of story.
As long as you did not purposely withhold any information, she has no case and is probably just trying to scare you into a settlement. Don't bite, let her take you to court if she so chooses. She is just going to waste more money on the car.

 

How are you to know how she drove the car while in her possesion or for that matter Who drove it and the bag off it ? so If you did not misslead and all she can always go fly a kite.

 

Check your state law. Most do not regulate private sellers. Private sales are "as is" and without "implied warranties". You should be able get that question answered quickly and for free by calling your State Attorney General's office.

 

How many miles was put on the car before it broke? Do you have record of what the mileage was when sold, and how many miles it has now?

There obviously was no knocking when she bought the car--otherwise she wouldn't have purchased it. So if it has a few thousand miles on it--during those miles it could have been beat to the ground like a rent a car by her boyfriend who beats her for all you know.

I would say the only thing that may swing the door open a little bit for this if she only put like 100 miles on the car from the time she bought it. Then she could say you misrepresented the condition of the car. That is the only thing possible I could see.

 

i believe all states require that the mileage be reported when the car is registered, so, as long as that was recorded correctly, that there shows the mileage of the car when she bought it

 

Just get your info in order. You need a binder with all the paper trail you have neatly organized. Then make two additional copies. When you are in court, dress the part of the "person in the right" and when the Judge asks for your side, simply acknowledge that the vehicle was in good running condition and offer both the judge and the Plaintiff a copy of your records.

You don't have to prove she destroyed the car, she has to prove the car was rigged to last a short while and then popped. If you didn't put sawdust in the tranny and patch tires with duct tape, you'll be fine.

 

I've been watching Judge Judy daily for few years now and I don't think you have to worry. You sold the car - not your problem anymore.