I sold my car to an individual, after he took it, it broke down, now he says he wants to sue me, can he?

Question

I sold a car of mine, which was running fine, he test drove it, and said "The car probably needs a tune up", and that was it. He paid me, signed a contract stating that car is beong sold "as is", and there is no refunds and exchanges once the car is sold, and se signed it, now he is calling me stating that car broke down, and cannot be fixed, and if i do not give his money back, he will sue me!, is this possible??

Answer 1

AS is. End of story.

Answer 2

Nope!! The car was sold as is. And especially if you have a contract to prove it. Just make sure you hand on to that. And he can file a claim in small claims court. But, if it gets to actual court and I say IF, then the judge will throw it out.
Even if you buy a car from a dealership and it breaks down, if you sign a contract purchasing it as is, then there is nothing that you can do but pay for the repairs.
My son just purchased a car from a dealership a couple of months ago. And it broke down shortly after. Because he purchased it as is, he had to pay for the repairs. That's the risk you take when you purchase anything as is.
It's just the way it is.
So don't worry, even if he files against you it won't hold up in court.
I would be more worried he might try to "get even" another way if he finds out he would have not case.
Just watch yourself and your stuff.
People are crazy.
Good Luck!!!

Answer 3

anyone can sue anyone, the question can he win, in general as is, is as. Now every state under its state consumer fraud laws will place statutory requirements above any contract for certain individuals

such as some states if you have sold more then 3 cars in a year, you may fall under the consumer fraud statute

if you where a mechanic and knew of a serious problem but failed to disclosed

if you knew or a major defect and intentionally hide the material defect from the buyer

but if you where a typical person, who sold an old car as is, and knew of any major material defect, his suite will go no where must likely

Answer 4

I sold my car and had the same kind of a nut case buyer. We even held the car for 6 weeks longer on the market until he got the cash to buy it. It was around the corner from his home and always available to be inspected. He got to be such a pest a police report was filed. The police said that private sales of used cars are assumed as is unless otherwise stipulated in writing. The buyer needs to get over them-self.

Answer 5

Sure, he can sue you....but his chances of winning are slim to none. He signed a bill of sale - which is essentially a contract - verifying that the car is being sold "as is," which means he accepts it in its current condition. Once he signs the form and drives away, it's HIS car and HIS problem if it breaks down.

You got nothing to worry about.

Answer 6

There's that lemon law. If you willingly sold a car knowing something was wrong with it, then you are liable. But, if you sold it in good faith and AS IS ,,, then he is barking up the wrong treee.
Most sane people take a car to their own mechanic for a check on before signing on the dotted line. Tell him to get harassing you or you will counter sue.

Answer 7

Unless you lied about something that you knew was wrong with it and didn't tell him or made any warranties (which you didn't if sold as is) then he doesn't have a case.

This doesn't mean that he can't sue. You can sue someone whenever you like. It just means that he wouldn't win the suit. Don't lose that contract!

Answer 8

If the contract states it was sold "as is" he is stuck, except in a few states, you might be sued if he can prove the car had a severe defect you deliberately tried to hide, such as rolling back the odometer.

Answer 9

I can sue you for upsetting my lunch but that doesn't mean I will win. With regards to car sales the state that you are in has it's own set of laws to protect buyers. Ca lemon laws are not the same as Ga. laws so check with your states lemon laws. I doubt he would win but that doesn't mean that he can't take you to court.

Answer 10

Sure. He can sue you for anything he wants.

(BTW, this is not to be construed as legal advice.)
Your defense will be that you did not lie (defraud) him about the condition of the car, and that he knew it was being sold as-is.

And you can counter sue for court costs.

HOWEVER, if you want to save the stress and trouble you might want to meet him half-way, if this is reasonable.

Answer 11

No way he can sue you. As is is as is. If it broke down before he pulled out the drive-way - he can not sue you. He's trying to scare you - tell him to go ahead and sue you then. He has no grounds.