Ugh legal trouble, need help
Dec 6, 2008, 09:08 AM
#16
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The general rule in most states is caveat emptor (buyer beware). As long as you don't lie you have no duty to disclose anything. You can even be silent on a question you don't want to answer in some cases. Do a little research online if you want to be certain, a google search for the consolidated laws of your state should start you off. Findlaw.com is a good free resource as well. Edit: The reason he is alledging you lied to him is because it is the only way he would have a claim against you. The problem is proving you did or did not lie to him.
Last edited by Adam@MMS; Dec 6, 2008 at 09:13 AM.
Dec 6, 2008, 09:11 AM
#17
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Once the car is sold and he pays you the cash then there is NOTHING he can do about it even if you were to never tell him the car was in an accident. He bought the car as is, that's his own friggin problem. Tell him that's called life. There's tons of other evo's out there the guy could have picked up. EDIT: It's your responsibilty to be honest but HIS responsibility to prove your being truthful PRIOR to the purchase.
Seriously, that's how it is... It literally goes no other way. I mean if you DID know about the other damage then ok, that's messed up lol but even so... still not your problem. Just the nature of the game!
Seriously, that's how it is... It literally goes no other way. I mean if you DID know about the other damage then ok, that's messed up lol but even so... still not your problem. Just the nature of the game!
Dec 6, 2008, 10:09 AM
#21
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Good, I'm glad I should win this. You hear about the woman who sued mcdonalds for hot coffee, but you never think you're the one who's going to be sued over something that dumb, especially when you're only 19 lol
Dec 6, 2008, 07:06 PM
#22
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he has nothing on u. sales is final with private parties. if ur a dealer than taht is differnent. If the car is salvage then u should have checked off a box on the back of the title that says total loss or rebuilt.
My first car was like that but nothing i could have done cause the box was checked off.
My first car was like that but nothing i could have done cause the box was checked off.
Dec 7, 2008, 07:51 AM
#23
. I would call him and explain to him that he is clearly wasting your time and to brush up on his laws before he decides to take any action and waste his money in court
Last edited by gsrboi80; Dec 7, 2008 at 07:53 AM.
Dec 7, 2008, 06:39 PM
#24
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In every private party transaction I have done, I have explicity written Vehilce Sold As-Is, No Written, Expressed or Implied Warranty on the Bill of Sale and have had both the buyer and me sign it, and made a copy.
I even did this on a Honda that still had a manufacturers' warranty.
People are such 'fricken slime ***** these days. They don't do thier own proper due-diligence, and then come after you....scumbags
I even did this on a Honda that still had a manufacturers' warranty.
People are such 'fricken slime ***** these days. They don't do thier own proper due-diligence, and then come after you....scumbags
Dec 7, 2008, 06:46 PM
#25
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probably ran out of money for crack since thats what it seems like he's on.. nothing to worry.. just contact a lawyer its free and see the advice they give you..
Dec 7, 2008, 06:49 PM
#26
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I think everyone might be mistaken. You have the duty to disclose damage. Is there something about the car he asked and you didn't tell him? Is the mechanic willing to testify or submit a sworn statement stating the vehicle was inspected and the damage was disclosed? What does the the carfax say? Did you call carfax to get proof when a report was pulled on that car? If it matches the dated contract/bill of sale and states there was an accident(which is uncommon, they usually only show rebuild, etc) you should be clear.
Dec 7, 2008, 06:52 PM
#28
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Also look into the "Statute of Frauds". Its a requirement of certain aspects of a sale to be in writing for them to be enforceable. It all breaks down to, if its enough of a concern to be asked by a question, it should be in writing in your contract. Im sure you wrote up a bill of sale, and I doubt he had you write on it that the car was in perfect condition, and you were willing to take responsibility for it after the sale. Im not 100% sure this law applies here, but you can bring it up to your attorney if it gets that far.
