Sold a 1990 Ford Ranger told them the overdrive didn't work in the transmission. 2 weeks later got a letter from a lawyer saying I didn't tell her about the overdrive and it was a good running vehicle. She drove this truck to work and I asked her how she liked it and she said she didn't know yet she had only driven home then to work. Now 2 weeks later I received this. I live in Michigan and I need to know what my chances would be if taken to court. Also she said I could give $1500.00 to her to fix it. I was hoping it could just be a sensor or something cheap to fix . So instead of fixing it I sold it , under $1000.00 thinking if they fix it they would have a pretty good truck it only has 114,000 miles and the inside and outside are decent. What should I do Help Please!!!
2007-03-25 09:43:41 · 5 answers · asked by shermambattle 1 in Politics & Government ➔ Law & Ethics
The first thing to do is to write the lawyer back a nice, polite letter explaining just what you have said here. Your reasoning as to the pricing of the truck is logical, and is a good basis for an argument to resist this shakedown. The lawyer is way off base asking for $$$ for repairs. The most he should have asked for, under the circumstances, is a cancellation of the sale. Also, once he knows that you told his client that the O.D. was n.g., (she may not have told him!!) he won't want to put her on the stand to lie - he can only win if the court believes that you didn't tell her. Final point for future reference: a writing stating that the O.D. was n.g., as John n suggested, can get you into trouble since you would be implying that everything else was O.K. Where would you be if it turned out that the engine bearings were shot, or the cooling system was nearly rusted out, unknown to you? Again, write the lawyer a letter explaining your position. If he persists, get a lawyer or agree to take the truck back. If you don't want to spring for a lawyer and you're feeling confident, wait until you are sued (it should be in Small Claims court), and plead your own case. Have some evidence of the average retail price of a Ranger of that year and mileage. Hope this helps. Good luck!!
2007-03-25 10:46:18 · answer #1 · answered by Pete 4 · 1⤊ 0⤋
I think that the buyer is trying to shaft you. The way to have protected yourself is to have had a written agreement in which the condition of the vehicule (overdrive not working) was clearly stated. It's too late for that now.
Obviously if you stand before a judge and say that the buyer was informed of that specific problem, the judge has to decide who is telling the truth, so it could go either way.
What does play in your favour, however, is that you can argue the following. The price of the vehicule was reasonable and made allowances for the possibility that monies would need to be spent on repairs. A vehicule that only has 114,000 miles and is generally in decent shape should cost more than 1,000.
The overdrive is an option and isn't necessary to use the vehicule.
The lawyer is out to lunch to propose to you that you take a $500 loss AND give your truck away. It isn't a fair resolution, and you'd be better off to agree to cancel the deal and find another buyer, this time recording the details of the sale in a contract.
2007-03-25 17:06:21 · answer #2 · answered by Anonymous · 2⤊ 0⤋
When you sell a used vehicle it is sold "as is". Remember the saying "let the buyer beware"? You stated that you told her about it. Your only mistake in my eyes was to ask her how she liked it. Giving her the impression that it was some sort of trial. If you told her about it in advance then too bad for her. The lawyer was just a scare tactic. If you are being truthful then you have nothing to worry about. You may have to go to court but it is very likely that the judge will be in your favor.
2007-03-25 16:57:16 · answer #3 · answered by flungcow 2 · 0⤊ 0⤋
Ignore the letter. The buyer is responsible in this transaction. It was up to her to get a mechanic to check the vehicle out before she bought it.
She is just trying to terrorize you by getting a lawyer to write you a letter.
There is a very good, very ancient saying that covers this situation:
Caveat Emptor! Translates to "Buyer Beware".
2007-03-25 18:51:24 · answer #4 · answered by Anonymous · 0⤊ 1⤋
You need to see an attorney ASAP. If Michigan is a "buyer beware" state, then you will get off scott free. If not, you may lose because it is doubtful you can prove you told her the condition of the truck. Please, go see an attorney.
2007-03-25 16:51:17 · answer #5 · answered by cyanne2ak 7 · 0⤊ 0⤋