Thursday, April 2, 2020

I'm being sued after selling a car...?

Susan Rambo: The laws are different in different states, but usually used car sales are "as is," meaning it's on him to have someone look at it. It definitely is worth it to get some advice from a lawyer. If you don't know one, often your county bar association has a lawyer referral service where you can get a cheap consultation with a lawyer about any matter. The lawyer can tell you how to present your case, although you certainly explained it fine to us.Also, if the buyer is going to have a lawyer with him, it would be a good idea for you to have one....Show more

Mitzie Clough: When you sell a car, it is as is. It doesn't matter even if you lied. But since you even have proof of telling him and proof of the paper work, you have nothing to worry about.

Kandi Lough: Unless indicated otherwise in writing, used car sales are "as-is," meaning the buyer doesn't have a case, and the judge will likely find in your favor.That being said, wait until you've beenserve! d with the papers. Given your unease, take them to a local attorney and ask him or her for advice (attorneys aren't used in small claims court, but consulting one can be helpful)....Show more

Bernadette Roel: You sold the car AS IS... if he doesn't understand that then the judge in court will explain it to him. He has no case and will lose big times. Now he said sue, so at this point you no longer talk to him when he calls other than tell him "I'll see you in court"

Lawana Neemann: Private sales are as-is. The guy threatening to sue you was probably the same one on here posting question after question asking about it. Are you in California and was it a $1,500 car?

Javier Holsonback: If he is threatening lawsuit, you stop all communication - PERIOD. No phone calls, text messages, emails - nothing. As one post said, simply tell him you will answer all the questions in front of the judge.It is unlikely he will sue. However, if he does you simply follow the! steps I have taken in the past. 1) go to court. Say absolut! ely nothing while he presents his argument. Do not interrupt, argue, or comment unless the judge addresses you directly.2) patiently wait your turn3) When you are directed to present your defense, all you say is "Your honor, on (date) I sold the plaintiff a used car. The car was a (yr make model) with X Miles. I sold this car AS IS, and gave no warranties or guarantees of any kind. The plaintiff inspected the car, agreed to a price, paid me and took possession of the car. As far as the law is concerned, this is a closed transaction."Unless you are a dealer, that will be the end of it. There may be a few questions while the judge makes sure you are not acting as a dealer. But even then, you will be finished. If it takes more than 10 minutes, it will be because the plaintiff argues for a while....Show more

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