We sold our car to a lady for $450 (obviously not a perfect car) I let her know it was having some issues. Her "mechanic" test drove it for her and loaned her the money to buy it. We signed the bill of sale and had a witness sign and it clearly states as is. She just called and said she spoke to ther attorney and he said we need to give the money back and if she was to be in an accident we could be sued, she said the breaks are bad which is a crock of crap because i just put new ones on there, and have driven it, it all worked fine. anyway long story short is there anyway she can sue? I sold as is so i figured im safe but I dont know. write back asap please she wants to call me tonight.
2006-10-16 13:24:43 · 23 answers · asked by mirandau 1 in Cars & Transportation ➔ Buying & Selling
No. You didn't charge over $500,quoted "as is", and she had it looked at by a mechanic. If she drives it and thinks it's unsafe, (as she's indicated) then she is accepting a risk of her own volition. She bought it because she thought it was cheap. It was.
Why WOULD she drive it if she thought it unsafe?
2 separate issues.
Offer to buy it back for $50! hahahaha
No don't do that.
2006-10-16 13:26:32 · answer #1 · answered by TiM 4 · 1⤊ 0⤋
Can she sue? absolutely. I can sue you for anything. Would she win? Definitely not. Hopefully you kept a copy of the bill of sale indicating the "as-is" sale condition with her signature. If you didn't her case becomes stronger, but still not a winner. the price is indicative of a clunker car, and hopefully you have the mechanics name who looked at it on her behalf. If not, it comes down to your word against hers. Best advice, tell her to sue. Also tell her to not contact you further and that all phone calls are being recorded. I was targeted as a victim of a scam like this. Like you I had a bill of sale that said the car was sold as is, for parts only. The judge, actually sanctioned the other persons lawyer for bringing an obviously groundless suit and awarded me court costs which I will never collect. Bear in mind that my case went to court because I sold the car as a dealer and not a private individual. The plaintiff's lawyer was sure I'd settle to "protect" my business reputation. As a private party transaction their remedies against you are already limited.
2006-10-16 13:52:55 · answer #2 · answered by tepidorator 3 · 1⤊ 0⤋
this is a good question. I like it because of the amount she paid for the car. She'll pay an attorney a lot more to sue you than the amount she paid for the car.
Maybe she can't afford to pay the "mechanic" back.
One thing though..where I live...in kansas even though you sell it as is...there is a 30 day clause...within 30 days if something goes wrong that wasn't disclosed at the time of sale...you are obligated...whether it be a dealer or individual seller.
However...you did state that her mechanic drove it and loaned her the money to purchase it...so my suggestion would be to tell her that her mechanic is the one she should be talking to and not you....as she did have it checked out by "her" mechanic.
My bet is that if she could only afford a $450 car then she can't afford an attorney...she probably did something stupid and needs the money.
Call her and tell her to have her attorney contact you...and you will make arrangements with her attorney to correct the problem.
This should get her off your back. And if by chance she has an attorney call you...ask to set an appointment with him/her at their office....cause it will probably be someone who is not an attorney posing as one to scare you.
Hope this helps
2006-10-16 13:41:54 · answer #3 · answered by Kenneth S 5 · 0⤊ 1⤋
Ok, where do you live because where I live if a person buys a used car, they have to get a safety before she can put the plates on it. Any idiot knows that so if the breaks are bad and you warned her it has 'issues' and the receipt clearly states 'as is' then she's just being an idiot. Her mechanic most likely is just trying to make her look like an even bigger idiot by suggesting she sue you.
2006-10-16 13:35:15 · answer #4 · answered by colleenjohn_vano 2 · 0⤊ 0⤋
In the US anyone can sue anyone at anytime however, she has absolutely no case against you. "As is and shown" is exactly what it sounds like. 1st of all, if she needed to borrow $450 to buy a car it does not sound like she is very reputable so I highly doubt she sought legal advice, what is the attorney going to charge her to take you to court, 33% of $450 for a legal battle!!! 2nd, a judge will see that she purchased a car for $450 and will ask her what she possibly expected to get for that amount of money. I have payed more for cars "as is" that did not run at all. In closing, don't worry about it, she is all talk.
2006-10-17 04:37:13 · answer #5 · answered by n8 dogg 2 · 0⤊ 0⤋
I can't say for sure about all states but one person (Shaq iz Phat) answered you correctly out of all the answers. The person that lives in Kansas probably should check the law because i really think that anytime a private party sale a used car it is automatically considered sold-as-is. The only exception is if you put in writing something different or a wittness that you said something different.
2006-10-17 17:56:42 · answer #6 · answered by Anonymous · 0⤊ 0⤋
She won't sue because she has no case. "As Is" means just that; as is. She is trying to scare you or intimidate you into taking the car back. Don't fall for it. Why is she in such a hurry to call you back? Let her call - tell her you are speaking to a lawyer also! Good luck
2006-10-16 13:43:49 · answer #7 · answered by shadow 2 · 0⤊ 0⤋
As long as it is written in the agreement "Sold as is!" She can threaten you all she wants. She signed a written agreement that is binding in a court of law; don't fall for her Lawyer's scare tactics. Let her take you to court if she wants and when she loses sue her for lost time and court costs. As the saying goes, "Let the buyer Beware!"
2006-10-16 13:33:24 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If the bill of sale clearly states "as is", then she can not sue for anything. In my opinion, even if it didn't say as is, and someone bought it, then realized it was a bad car, wouldn't the judge ask something like "didn't you test drive it, or have a mechanic check it out first?" If her mechanic checked it out and found it to be fit for sale, then it turned out "a bad car", then she needs a better mechanic.
2006-10-16 13:29:23 · answer #9 · answered by suchaprettyface11 4 · 0⤊ 0⤋
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1 hour with a decent lawyer will cost her almost as much as the car. She's probably full of ****. If the written agreement is signed by her, and it clearly says that the sale is 'as-is', then you're 100% safe.
2016-04-06 05:37:39 · answer #10 · answered by Linda 4 · 0⤊ 0⤋