Ugh legal trouble, need help
Dec 6, 2008, 08:13 AM
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Ugh legal trouble, need help
I live in Ohio and I sold my old evo about four months ago. The guy came n checked it out about a month before. He didn't like the price so he said no. I called him asking 1000 less and he said yes. He came back over n checked out the car again and asked some questions. I told him it had been wrecked and thats why the quarter panel mis-matches in color slightly. He said he wanted it checked out at a shop to make sure everything was ok. HE had me go to HIS mechanic to have everything checked out. They said that everything was ok on it. I take the car down to him, and before he signs anything, just to triple check he has me open the car fax on it. I show him, and in details it explains the accident. He buys the car deciding that it was ok. He calls today four months later saying he's taking me to court for $5000 for structural damage... are you freaking kidding me??? He claims he asked me if there was any and i said no, when he never even asked. Is he going to win this outrageous claim??
Dec 6, 2008, 08:20 AM
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Yes, I had two people with me when we checked everything on carfax at his house seconds before we signed everything. Then of course there is the mechanic who looked at it days before the sale. I thought I would be ok, but just making sure cause he is magically suing me for the exact amount of money i have to add to the build of my current evo...
Dec 6, 2008, 08:22 AM
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Do you have proof that HIS mechanic checked the car and say everything was OK. If so then I think YOU have a good chance of winning. It's not like you forced the guy to buy the car, you told him everything that was wrong with it, he checked it out himself, had his mechanic check it out, and you even showed him the carfax explaining everything. If he does take you to court and you can present this information and have the judge believe it then I don't see how he could win since you didn't hide anything from him. He probably fu*ked the car up himself and just wanted to blame it on you since he knows it has been in a accident.
Dec 6, 2008, 08:25 AM
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Yes I have proof that his mechanic checked the car. Because his mechanic is now my mechanic lol. I know, people are all about trying to get everyone elses money instead of going out and working for it themselves.
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Dec 6, 2008, 08:28 AM
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As a person buying a car from a individual they have no consumer protection laws. You have no legal obligation to disclose anything about the car to him. If you were a dealer (business) that is another story. He can sue you for anything but he has no chance of winning.
Dec 6, 2008, 08:32 AM
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Also the I noticed that he is sueing you for $5k dollars which is probably the maximum allowed in his states small claims court. He most likley does not know the laws and has no lawyer.
Dec 6, 2008, 08:35 AM
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"As a person buying a car from a individual they have no consumer protection laws" that hits it right on the dot. you can ask him politely to not waste your and his time because there is NO warranty what-so-ever long as he received the car. ANY inspection wither its professional or personal its up to the buyer ONLY! if he missed anything thats HIS problem.
Dec 6, 2008, 08:37 AM
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Its all hearsay, its going to be pretty hard for either of you to prove that you did or didnt tell him about the prior damage. Carfax will be able to show that a report was pulled from HIS IP address if something needs to be verified.
Also I wouldnt bank on the mechanic being on your side if they know eachother personally, if the mechanic denies it then you would most likely be able to go after him in return for saying everything is ok and then giving you a receipt saying so...
Also I wouldnt bank on the mechanic being on your side if they know eachother personally, if the mechanic denies it then you would most likely be able to go after him in return for saying everything is ok and then giving you a receipt saying so...
Dec 6, 2008, 08:50 AM
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I've sold two cars in the past, and I always print up a sheet with all relevant information; similar to what car dealers use:
http://www.carbuyingtips.com/buyersguide.pdf
Bottom line is that if he had it inspected and still purchased the car then he assumes responsibility and is buying the car "AS-IS".
In addition the 4 month lag time leaves so much open for any lawyer to say the damage was caused by the new owner.
It sounds like the guy is taking a blind shot hoping to get some cash.
Good luck.
http://www.carbuyingtips.com/buyersguide.pdf
Bottom line is that if he had it inspected and still purchased the car then he assumes responsibility and is buying the car "AS-IS".
In addition the 4 month lag time leaves so much open for any lawyer to say the damage was caused by the new owner.
It sounds like the guy is taking a blind shot hoping to get some cash.
Good luck.