Nine months after selling a car, the buyer wants repairs for an issue that was found 4 months before we even sold the car. We gave him all records, the name of the service center where all work was done and he didn't want to take it to a mechanic. He provided his OWN bill of "as is " sale. Now it's going to court and costing me an arm and a leg! What constitutes Fraud - he says we didn't tell him and now he wants us to pay.
Help...this potential nightmare is driving me nuts!!!
2007-04-11 14:10:51 · 8 answers · asked by Benton 2 in Cars & Transportation ➔ Buying & Selling
sold as is. that is what you tell the judge. i have seen some weird judges that sometimes side with the plaintiff. but not usually. you didn't imply any warranty so you should be OK. good luck
2007-04-11 14:20:43 · answer #1 · answered by doug h 5 · 0⤊ 0⤋
If he has the receipts from the repairs that were made, what is he basing the civil action on? Did he ask you straight up about something, and you didn't tell the full story? It's my understanding that if someone asks you for example, has the car ever been in a wreck, and you say "no", but it really had been, and there was bondo to show repairs had been made, you could be taken to court for false representation. If the issue you found four months ago is the problem, and you didn't fully disclose the truth, you told him it had been worked on, but you didn't finish the sentence with, and the mechanic said to get rid of it, you could be held liable to a certain point. There is the "buyer beware" and the "sold as is", claim on your side. I can't imagine you having to pay on this, but you have to wonder what kind of proof the other guy has, to want to take it to court. Good luck.
2007-04-11 18:41:59 · answer #2 · answered by fisherwoman 6 · 0⤊ 0⤋
If it was written "as is" on the bill, that means "as is." You should have had it written in there the types of problems that you already knew that the car had at that time. Chances are, the judge will throw out his claim, but it's a hassle. Does he want you to buy back the car now, or is he trying to sue you for a full refund plus more? If you had anyone witness the sale, make sure to have that person there with you at the court. If you have a copy of what you gave him, then bring it with you and inform the judge that he was given the same exact thing before he bought the car. Dress nice, be polite, and hope for the best. I wish you good luck.
2007-04-11 14:22:08 · answer #3 · answered by April W 5 · 0⤊ 0⤋
Counterpoint from the BBC, 1967: A sitcom called "Never Mind The Quality, Feel The Width". Way ahead of their time, as ever. This could be a subtitle for the debates and speechifying we've seen on both sides of the DMZ in American politics in recent years. As a corollary, I'll add this, put in the mouth of Law and Order's D.A.ironically played by Fred Thompson, a former Congressman and Presidential candidate in real life: "When these people use the word "integrity", what they really mean is money."
2016-05-17 23:04:12 · answer #4 · answered by ? 3 · 0⤊ 0⤋
If you sold the car "as is" I wouldn't think he'd have much of a case. Essentially with an "as is" sale the sellor is stating they make no guarantees regarding the quality of the vehicle.
The only problem could stem from the "didn't tell him" part. If it's a serious problem with the car, he might be able to claim you had an obligation to tell him. But as long as you did not mislead him, it should still not be fraud.
Good luck.
2007-04-11 14:21:29 · answer #5 · answered by rohak1212 7 · 0⤊ 0⤋
I agree w/others, as is will probably be what saves you. I think you went above and beyond what other sellers would have in revealing to him a previous problem. I think the judge will take that into account and be more inclined to rule in your favor. Good luck!
PS Maybe you could "countersue" for your own legal costs, as it was an as is sale and he is the one making you go to court.
2007-04-11 14:29:09 · answer #6 · answered by Sheila 6 · 0⤊ 0⤋
It is not fraud .You sold it to him as is...you do not have anything to worry about .As you also gaved him all your records its been nine months ,you sold him a used car he had to expect that used cars have problems sooner or later .I doubt you have much to worry about in court but I would see if you can counter sue to get back your legal fees
2007-04-11 14:21:24 · answer #7 · answered by just me 4 · 0⤊ 0⤋
If someone is selling a car "As Is" and you purchase that car "As Is" and the car breakdown, you have No way of getting any money back. from any Court of Law!
As Is, Is "AS IS" Period.
without recourse
"NO" it's not FRAUD because you Knew it was As Is.
2007-04-14 15:35:28 · answer #8 · answered by Just me! 5 · 0⤊ 0⤋